[HISTORY: Adopted by the Board of Supervisors of the Township
of Bridgewater 9-7-2004 by Ord. No. 9-04-A. Amendments noted where
applicable.]
A.
The purpose of this chapter is to provide the Township the authority
to accommodate and regulate necessary utility infrastructure for the
provision of wireless communications facilities within the Township,
to encourage the siting of wireless communications facilities in nonresidential
areas on existing structures, to address the safety, visual and aesthetic
aspects of wireless communications facilities, and to provide for
public input in the process of siting wireless communications antenna
towers.
B.
The Board of Supervisors finds the regulation of wireless communications
facilities is necessary to protect the rural character of the Township
and the property values of the community. Such regulation is needed
to protect schools, parks, churches, playgrounds, historic districts,
sites, and structures; to preserve scenic areas; to minimize aesthetic
impacts; to preserve the health and safety of residents; and to respect
the need of wireless communications service providers to relay signals
without electronic interference from other service providers'
operations, while not unreasonably limiting competition among them.
C.
The Board of Supervisors declares the protection of residential dwellings
to be of paramount importance, and that any local regulations of wireless
communications facilities must furnish all possible protection for
residential areas, and further declares that the provisions of this
chapter are to be interpreted to favor protection of residential dwellings.
The Board of Supervisors shall, before issuing a permit for a wireless
communications facility affecting a dwelling, satisfy itself that
all other alternatives have been exhausted.
D.
In general, consolidations, shared use and co-location of antenna
and antenna-mounting structures is preferred to the construction of
new facilities.
In addition to all other applicable local, state and federal
requirements, the following regulations shall apply to wireless communications
facilities (WCF), including, but not limited to, wireless phone antennas,
antennas for communications service regulated by the Pennsylvania
Public Utility Commission, and other wireless antennas and associated
facilities.
A.
Permits; enforcement officer. A permit issued by Board of Supervisors
shall be required for every WCF and support structure installed at
any location in the Township. The issuance of permits for WCF on existing
structures may be delegated to an enforcement officer appointed by
resolution of the Board of Supervisors.
B.
Procedure; public hearing. The Board of Supervisors shall conduct
a public hearing pursuant to notice within 45 days after the submission
of a formal, complete application, including such technical information
from the applicant as may be required by this chapter. In the case
of a WCF on an existing structure, the public hearing shall be optional
as determined by the Board of Supervisors.
(1)
Notice of the public hearing shall be by publication in the official
newspaper of the Township at least 10 days prior to the hearing.
(2)
The hearing notice shall indicate that the application may be examined
and that further information is available from the Township office
during regular business hours.
(3)
Copies of the publication order shall be mailed by the applicant
by certified mail to the owners of property within 500 feet of the
property which is the subject of the application, and an affidavit
of service thereof shall be filed with the Township on or before the
date of the hearing. Failure of any addressee to receive such notice
properly mailed shall not in any manner affect the jurisdiction of
the Township or any action taken on the application.
(4)
The Board of Supervisors shall approve, approve with conditions or
disapprove the application under the provisions of this chapter within
60 days after a public hearing.
(5)
The period in which the Board of Supervisors shall take action may
be extended with the written consent of the applicant.
C.
Planning Commission review. The Board of Supervisors or enforcement
officer may refer any application for a WCF to the Township Planning
Commission and/or the County Planning Commission for review and comment.
Planning Commission comments, if any, shall be provided to the Board
of Supervisors within 30 days of the Commission's receipt of
the application.
D.
Application fee; review fees. The applicant shall pay the application
fee as established by resolution of the Board of Supervisors. In addition,
the applicant shall pay all professional costs incurred by the Township
for review of structural, radio frequency and other technical aspects
of the proposal and shall deposit with the Township an amount deemed
adequate by the Board of Supervisors to cover the anticipated costs.
If the review costs exceed the deposit, an additional assessment shall
be made. If the deposit exceeds the cost, the balance shall be returned
to the applicant. No approval shall become effective until all costs
have been paid by the applicant.
A.
Site plan. A full site plan shall be required for all WCF and support
structure sites, showing the WCF, WCF support structure, and all information
required to determine compliance with this chapter. New support structures
and/or the construction of a communications equipment building or
other roofed structure which have a combined gross floor area of greater
than 100 square feet shall be considered a land development subject
to the Township or County Subdivision and Land Development Ordinance,[1] whichever is applicable.
B.
Information requirements. For all proposed wireless communications antennas, the following minimum information shall be provided. The items in Subsection B(11) through (17) shall be included in a report prepared by a radio frequency engineer, health physicist or other qualified professional:
(1)
Name and address of the property owner and the applicant.
(2)
Address, lot and block and/or parcel number of the property.
(3)
Name and address of person preparing the plan.
(4)
Size of the property and the location of all lot lines.
(5)
Approximate location of nearest residential structure.
(6)
Approximate location of nearest occupied structure.
(7)
Location of all structures on the property which is the subject of
the application.
(8)
Location, size and height of all proposed and existing antennas and
all appurtenant structures on the property.
(9)
Type, size and location of all proposed landscaping and fences.
(10)
A report by a Pennsylvania-registered and licensed professional
engineer, documenting compliance with applicable structural standards
and describing the general structural capacity of any proposed installation.
(11)
The number and type of antennas proposed.
(12)
A description of the proposed antennas and all related fixtures,
structures, appurtenances and apparatus, including height above grade,
materials, color and lighting.
(13)
A description of the antenna's function and purpose.
(14)
The make, model and manufacturer of any proposed structure and
antenna.
(15)
The frequency, modulation and class of service.
(16)
Transmission and maximum effective radiated power.
(17)
Direction of maximum lobes and associated radiation and compliance
with FCC regulations.
C.
Existing and planned facilities. The applicant shall provide details
about the location, height and operational characteristics of all
existing facilities of the applicant in and immediately adjacent to
the Township. The applicant shall also provide a five-year plan for
the provision of additional facilities in and immediately adjacent
to the Township, indicating whether each proposed facility is for
initial coverage or capacity building purposes, showing proposed general
locations or areas in which additional facilities are expected to
be needed. Subsequent applications shall confirm or modify the facility
service plan, so that the Township will be kept up-to-date on future
activities.
D.
Operational compliance. Within 90 days of operating any transmitting
antenna, the owner or operator shall submit to the Township a written
certification by a Pennsylvania-registered and licensed professional
that the WCF complies with this chapter and all other applicable government
regulations.
E.
Change in ownership/operation. If the name or address of the owner
or operator of the antenna facility is changed, the Township shall
be notified of the change within 90 days.
F.
Consent for co-location. The applicant shall provide written consent
to allow additional antennas (for purposes of co-locating) on any
new antenna towers.
G.
Associated uses. All other uses ancillary to the WCF (including a
business office, maintenance depot, vehicle storage, etc.) are prohibited
from the WCF site, unless otherwise permitted by Township ordinances.
This shall not prohibit the installation, as accessory structures,
of equipment containers not intended for human occupancy to house
only equipment necessary for the operation of the WCF.
The following requirements shall apply to all proposed wireless
communications antennas:
A.
RF estimate. For proposed sites within 100 feet of other sources
of radio frequency (RF) energy emanating from other wireless communications
facilities, the applicant shall provide an estimate of the maximum
total exposure from all nearby stationary sources and comparison with
relevant standards. This assessment shall include individual and ambient
levels of exposure. It shall not include such residentially based
facilities, such as cordless telephones.
B.
NIER: Measurements and calculations. No source of nonionizing electromagnetic
radiation (NIER), including facilities operational before the effective
date of this chapter, shall exceed the federal or state NIER emission
standard. All applicants for wireless communications facilities shall
submit calculations of the estimated NIER output of the antenna(s).
NIER levels shall be measured and calculated as follows:
(1)
Measuring equipment used shall be generally recognized by the Environmental
Protection Agency (EPA), National Council on Radiation Protection
and Measurement (NCRPM), American National Standards Institute (ANSI)
or National Bureau of Standards (NBS) as suitable for measuring NIER
at frequencies and power levels of the proposed and existing sources
of NIER.
(2)
Measuring equipment shall be calibrated as recommended by the manufacturer
in accord with methods used by the NBS and ANSI, whichever has the
most current standard.
(3)
The effect of contributing individual sources of NIER within the
frequency range of a broadband measuring instrument may be specified
by separate measurement of these sources using a narrowband measuring
instrument.
(4)
NIER measurements shall be taken based on maximum equipment output.
NIER measurements shall be taken or calculated when and where NIER
levels are expected to be highest due to operating and environmental
conditions.
(5)
NIER measurements shall be taken or calculated along the property
lines at an elevation of six feet above grade at such locations where
NIER levels are expected to be highest and at the closest occupied
structure.
(6)
NIER measurements shall be taken or calculated following spatial
averaging procedures generally recognized and used by experts in the
field of RF measurement or other procedures recognized by the FCC,
EPA, NCRPM, ANSI and NBS.
(7)
NIER calculations shall be consistent with the FCC, Office of Science
and Technology (OST) Bulletin 65, or other engineering practices recognized
by the EPA, NCRPM, ANSI, NBS, or similarly qualified organization.
(8)
Measurements and calculations shall be certified by a Pennsylvania-registered
and licensed professional, health physicist or a radio frequency engineer.
The measurements and calculations shall be accompanied by an explanation
of the protocol, methods and assumptions used.
C.
WCF as a second principal use. A WCF shall be permitted on a property
with an existing use, subject to the following land development standards:
(1)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the WCF and support structure shall apply, and
the land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(2)
The vehicular access to the equipment building shall, whenever feasible,
be provided along the circulation driveways of the existing use.
(3)
The applicant shall present documentation that the owner of the property
has granted an easement filed of record or other legal interest for
the land for the proposed facility and that vehicular access is provided
to the facility.
D.
Discontinued use. If any WCF or support structure ceases to be used
as a communications facility, the owner or operator or then owner
of the land on which the WCF and support structure is located shall
be required to remove the same within 90 days from the abandonment
of use. Failure to do so shall authorize the Township to remove the
facility and assess the cost of removal to the foregoing parties.
In addition, at the time of permit issuance for any WCF, the Township
shall require a financial guarantee, in a term, form and amount determined
by the Board of Supervisors with the advice of their Solicitor, to
guarantee the removal of the WCF. If such guarantee is inadequate,
the Township shall be authorized to use all means provided in law,
including a municipal lien, to recover all costs of removal.
E.
Identification sign; warning signs. All antennas shall be identified
with a conspicuously posted sign, not to exceed six square feet, listing
the owner or operator's name and emergency telephone numbers.
In areas where NIER standards are exceeded and/or high risks of shock
or burns exist, appropriate warning signs shall be posted.
F.
Antenna separation. New antennas shall not be sited within 500 feet
of any existing antenna. This restriction shall not apply to the siting
of new antennas at an existing site.
G.
Licenses; other regulations. The applicant must demonstrate that
it has obtained the required licenses from the Federal Communications
Commission, the Pennsylvania Public Utility Commission, and other
agencies. The applicant shall also document compliance with all applicable
state and federal regulations.
H.
Insurance. The applicant shall submit 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 WCF and support structure.
The applicant shall provide the Township with annual proof of renewal
prior to expiration.
I.
Communications interference. The applicant shall document that the
radio, television, telephone or reception of similar signals for nearby
properties will not be disturbed or diminished.
J.
Historic structures. A WCF shall not be located on an historic building
or structure or within 500 feet of such a building or structure.
K.
Signs; lighting; FAA and PADOT notice.
(1)
No signs or lights shall be mounted on a WCF except as may be required
by this chapter, the Federal Communications Commission, Federal Aviation
Administration or other governmental agency which has jurisdiction.
(2)
No WCF support structure may be artificially lighted, except as required
by the Federal Aviation Administration.
(3)
The applicant shall provide a copy of the response to notice of proposed
construction or alteration forms submitted to the FAA and PADOT Bureau
of Aviation, and the WCF and support structure shall comply with all
FAA and PADOT requirements.
L.
Fire-suppression system. The applicant shall provide details about
any fire-suppression system installed in any accessory structure or
equipment container associated with the WCF.
For roof-mounted, co-located or other situations in which public
exposure is likely, the application shall include:
A.
Potential public exposure: an assessment of potential public exposure
to radio frequency (RF) energy from the proposed facility, indicating
the facility's compliance with applicable federal or state standards.
The applicant shall identify the maximum exposure level, the locations
at which this occurs and the estimated RF levels at specific locations
of community interest, such as schools, residences or commercial buildings.
Assumptions used in the calculations shall be stated, including building
heights and topography.
B.
Multiple-source assessment: a multiple-source exposure impact assessment
shall be prepared if the wireless communications facility is to be
situated on the same site as existing facilities, such as a tower
or roof.
C.
Maximum exposure: evidence that the maximum exposure to the general
public will not exceed federal or state standards.
D.
Public access: an identification of rooftop areas to which the public
may have access. The exposure in these areas shall be in compliance
with the standards established by any federal or state agencies.
E.
Restricted access: an identification of how much of the roof, if
any, should be restricted from public access due to RF field levels
in accord with the applicable federal or state standards and notification
of the same to building management.
The requirements of this section shall apply to WCF attached
to existing buildings and structures where the WCF does not extend
more than 15 feet higher than the existing structure.
A.
Roof mounting. Antennas shall be set back from the outer edge of
the roof a distance equal to or greater than 10% of the rooftop length
and width, or such antennas shall be attached directly to the roof
parapet wall, whichever, in the Board of Supervisors' opinion, will
have the minimal visual impact while achieving signal coverage requirements.
B.
Color of installation. If the Board of Supervisors so requires, supports
and antennas shall be the same color as the predominant color of the
exterior of the top floor or parapet of the building, except to the
extent required by law for safety purposes.
C.
Information required. In addition to the other information required
by this chapter, the applicant shall provide the following:
(1)
Evidence from a Pennsylvania-registered and licensed professional
certifying that the proposed installation will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with the antenna location.
(2)
Detailed construction and elevation drawings indicating how the antennas
will be mounted on the structure for review by the Township for compliance
with the applicable requirements.
(3)
Evidence of recorded agreements and/or easements necessary to provide
access to the building or structure on which the antennas are to be
mounted so that installation and maintenance of the WCF and associated
equipment can be accomplished.
A WCF site with a WCF that is either not mounted on an existing
structure or which is more than 15 feet higher than the structure
on which it is mounted shall, in addition to all other applicable
requirements, comply with the following:
A.
Service provider required. No building permit shall be issued for
any new WCF governed by this section until the applicant provides
documentation to the Board of Supervisors that a service provider
has contracted for the use of the facility. An applicant may apply
for approval of the WCF, and such approval may be granted by the Board
of Supervisors, but the building permit shall not be issued until
the required service provider documentation is provided.
B.
Location requirement and number. The applicant shall demonstrate
to the satisfaction of the Township, using technological evidence,
that the WCF and support structure must go where it is proposed, in
order to satisfy its function in the company's grid system. The
number of WCF to be installed at a site by an applicant may not exceed
the current minimum necessary to ensure the adequacy of current service
required by the Federal Communications Commission (FCC) license held
by that applicant.
C.
Co-location; new tower. The Board of Supervisors may require the
applicant to demonstrate that the applicant contacted, in writing,
the owners of tall structures within a five-mile radius of the site
proposed, asked for permission to install the WCF on those structures,
and was denied. This would include smokestacks, water towers, tall
buildings, WCF support structures of other cellular phone companies,
other communications towers (fire, police, etc.) and other tall structures.
The Board of Supervisors may deny the application to construct a new
tower if the applicant has not made a good faith effort to mount the
WCF on an existing structure, thereby documenting that there exists
no other support structure which can reasonably serve the needs of
the owner of the proposed WCF. A good faith effort shall demonstrate
that one or more of the following reasons apply to a particular structure:
(1)
The proposed equipment would exceed the structural capacity of the
existing structure, and its reinforcement cannot be accomplished at
a reasonable cost.
(2)
The proposed equipment would cause radio frequency interference with
other existing equipment for that existing structure, and the interference
cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access
or height to accommodate the proposed equipment or to enable it to
provide service consistent with the provider's system requirements.
(4)
Addition of the proposed equipment would result in electromagnetic
radiation from such structure exceeding applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with the
owners of such structures.
D.
WCF height; design.
(1)
Minimum height. The applicant shall demonstrate that the WCF is at
the minimum height required to function satisfactorily and can ultimately
provide adequate height and support for eight service providers. The
WCF shall comply with any applicable airport hazard zoning ordinance.[1]
(2)
Stackable. The Board of Supervisors may require the tower to be designed
and constructed to be stackable (structurally capable of being increased
in height) so that additional antenna arrays can be accommodated in
addition to the arrays on the original tower to facilitate future
co-location.
(3)
Visual impact; stealth design. The applicant shall provide to the
Township graphic information that accurately portrays the visual impact
of the proposed tower from various vantage points selected by the
Board of Supervisors, such as but not limited to parks, designated
historic sites or districts or designated scenic areas. This graphic
information may be provided in the form of photographs or computer-generated
images with the tower superimposed, as may be required by the Board
of Supervisors. The Board of Supervisors may require the applicant
to conduct a balloon test to confirm the visual impact. The Board
of Supervisors may require stealth design or specific colors, consistent
with applicable federal regulations, to ensure that the WCF is compatible
with the surrounding landscape.
E.
Setbacks. If a new WCF support structure is constructed (as opposed
to mounting the WCF on an existing structure) or if the WCF height
exceeds the height of the existing structure on which it is mounted
by more than 15 feet, the following minimum setbacks shall apply:
(1)
Separate parcel. If the parcel on which the WCF and support structure
are located is a separate and distinct parcel, the distance between
the base of the support structure and any adjoining property line
shall not be less than the height of the WCF structure plus 30 feet.
The setback for equipment containers, other accessory structures,
and guy wire anchors shall be a minimum of 30 feet.
(2)
Lease, license or easement. If the land on which the WCF and support
structure is located is leased or is used by license or easement,
the setback for any part of the WCF, the support structure, equipment
containers, other accessory structures and guy wire anchors shall
be a minimum of 30 feet from the line of lease, license or easement.
In any case, the distance between the base of the support structure
and any adjoining property line (not lease, license or easement line)
shall not be less than the height of the WCF structure plus 30 feet.
(3)
Residential dwellings. Support structures shall be separated from
residential dwellings on adjacent or proximate properties by not less
than two times the height of the structure.
(4)
Setback reduction. The setbacks in Subsection E(1), (2) and (3) above may be reduced to not less than 30 feet, provided the affected property owner provides to the applicant permission for the lesser setback. Such permission shall be in the form of a recorded agreement between the affected property owner and the applicant.
F.
WCF support structure safety. The applicant shall demonstrate that
the proposed WCF and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anti-climbing
devices, as approved by manufacturers. The applicant shall submit
certification from a Pennsylvania-registered and licensed professional
that a proposed WCF and support structure will be designed and constructed
in accordance with the current Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, published by the Electrical
Industrial Association/Telecommunications Industry Association, and
applicable requirements of any applicable building code.[2]
G.
Fencing. A fence, a minimum of eight feet in height and of a design
to restrict unauthorized access, shall be installed around the WCF
support structure and other equipment.
H.
Landscaping.
(1)
Existing vegetation on and around the site shall be preserved to
the greatest extent possible.
(2)
Landscaping installation and maintenance may be required to screen
as much of the support structure as possible, the fence surrounding
the support structure, any other ground-level features (such as a
building), and, in general, buffer the WCF and support structure site
from neighboring properties and the sight lines from prominent viewing
locations.
(3)
The Board of Supervisors may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping.
I.
Access. Access to the WCF and support structure shall be provided
by means of a public street or easement to a public street in accord
with a local or state highway occupancy permit, as applicable. The
easement shall be a minimum of 20 feet in width and shall be improved
to a width of at least 10 feet, with a dust-free, all-weather surface
for its entire length. Access shall, if feasible, be provided along
existing access points and drives.
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standards Institute.
A system of electrical conductors for radiating or receiving
radio waves.
Any device, including the supporting structure and all related
appurtenances, used for the transmission and reception of radio waves
as part of wireless two-way communications.
The mounting of wireless communications antennas used by
two or more competing providers on the same antenna support structure,
monopole or antenna tower.
Federal Communications Commission.
The number of sinusoidal cycles made by electromagnetic radiation
in one second; usually expressed in units of hertz (Hz).
Any locations designated by municipal, county, state or federal
agencies as having significance as historic districts, sites or structures.
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Radio frequency.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a wireless communications antenna.
The vertical distance measured from the base of the support
structure at grade to the highest point of the structure. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the height.
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal communications services (PCS), fleet communications systems
and similar commercial facilities, whether operated in support of
another business activity or available for the transmission of signals
on a sale or rental basis. As used herein, the term shall include
necessary equipment buildings as well as towers or monopoles. The
definition does not include:
Industrial, scientific and medical equipment as regulated by
the Federal Communications Commission in 47 CFR 18.
Military and government radar antennas and associated communications
towers used for navigational purposes as regulated by 47 CFR 87.
Amateur (ham) and citizen band transmitting and receiving antennas
and associated communications towers as regulated by 47 CFR 97 and
47 CFR 95.
Radio transceivers normally handheld or installed in a vehicle,
such as an automobile, truck, trailer or watercraft.
A radio frequency machine which is designated and marketed as
a consumer product, such as auditory assistance devices, biomedical
telemetry devices, carrier current systems, Class A or B digital devices,
field disturbance sensors, perimeter protection systems, power line
carrier systems, microwave ovens or radio-controlled devices regulated
by 47 CFR 15.
Private facilities (antennas, transceivers, or modems) which
serve a dwelling, farm, or business for receiving commercial television
or radio, for wireless Internet access, for wireless networking of
on-premises devices or standard consumer end-user wireless products
such as cell phone handsets or cordless phones.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
Costs. The Board of Supervisors may cause the removal or clearing of any structure or material to be commenced and/or completed if the same is not effected by the violator. The cost and expense thereof, including, but not limited to, materials, labor, and legal fees, together with a penalty of 20%, shall be collected from the violator in any manner provided by law. The recovery of such costs of abatement, together with the penalty, may be in addition to the penalty prescribed in Subsection A above. The Township shall be authorized to use all means provided in law, including a municipal lien, to recover all costs.
C.
Other remedies. In addition to any penalty therein provided, any
person, persons, firm, partnership or corporation who or which shall
violate any provision of this chapter shall be subject to any law
or laws of the Commonwealth of Pennsylvania which afford a remedy
for such violation in any court of the commonwealth.
Should any provision of this chapter be in conflict with any
other section, provision, regulation or standard of any other Township
ordinance, the more restrictive shall apply.
