As used in this article, the following terms shall have the
meanings indicated:
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or utility or light pole.
DISTRIBUTED ANTENNA SYSTEM (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
FCC
Federal Communications Commission.
MONOPOLE
A WCF or site which consists of a single-pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
PERSONS
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Township or to any department or agency of
the Township.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township, Montgomery County or the Commonwealth
has a regulatory interest, or interest as a trustee for the public,
as such interests now or hereafter exist, including, but not limited
to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels,
viaducts, bridges, skyways, or any other public place, area or property
under the control of the Township, Montgomery County or the Commonwealth,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township, Montgomery County
or the Commonwealth. The phrase "in the right(s)-of-way" means in,
on, over, along, above and/or under the right(s)-of-way.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flag poles and light poles.
SUBSTANTIALLY CHANGE
A.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
B.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
TOWNSHIP
Township of Whitemarsh, Montgomery County, Pennsylvania.
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
The following regulations shall apply to all tower-based wireless
communications facilities:
A. 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 qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property.
B. 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 (ANSFEINTIA-222-E Code, as amended).
C. Height. Any tower-based WCF shall be designed at the minimum functional
height and shall not exceed a maximum total height of 150 feet, which
height shall include all subsequent additions or alterations. All
tower-based WCF applicants must submit documentation to the Township
justifying the total height of the structure.
D. 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.
E. Maintenance. The following maintenance requirements shall apply:
(1)
Any tower-based WCF 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.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
F. Radio-frequency emissions. No tower-based WCF may, 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 Radiofrequency Electromagnetic Fields," as amended.
G. Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance in Chapter 11 of the Whitemarsh Township Comprehensive Plan, or is located within the Historic District, as defined by Chapter
10 of the Township Code.
H. Identification. All tower-based WCFs shall post a notice in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency, subject to approval by the
Township.
I. Lighting. Tower-based WCFs shall not be artificially lighted, except
as required by law and as may be approved by the Township. 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.
J. Appearance. Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
K. Noise. Tower-based 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.
L. Aviation safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
M. 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 tower-based WCF 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
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.
N. 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 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 applicant in writing of its decision. If additional
information is requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the one-hundred-fifty-day review period.
O. Nonconforming uses. Nonconforming tower-based WCFs 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.
P. 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 WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(3)
Any unused portions of tower-based WCFs, including antennas,
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
WCF previously removed.
Q. 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.
R. Term of approval. Approval for an application for any tower-based
wireless communications facilities shall expire one year from the
date that written approval is granted.
[Added 10-25-2018 by Ord.
No. 988]
The following regulations shall apply to tower-based wireless
communications facilities located outside the rights-of-way:
A. Development regulations.
(1)
Prohibited in certain zones. No tower-based WCF shall be located
in residential districts or in a Village Commercial District or within
500 feet of a lot in residential use or a residential district boundary.
(2)
Gap in coverage. An applicant for a tower-based WCF 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
WCF 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 tower-based WCFs.
(3)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(4)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
(b)
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
(c)
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use or a residential district boundary.
B. Notice. Upon receipt of an application for a tower-based WCF, the
Township shall mail notice thereof to the owner or owners of every
property within 500 feet of the parcel or property of the proposed
facility.
C. Co-location. An application for a new tower-based WCF shall not be
approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-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
tower or other suitable structure cannot be utilized.
D. Design regulations.
(1)
The WCF 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 WCF applicant shall be subject to the approval of the
Township.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. 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.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
E. Surrounding environs.
(1)
The WCF applicant shall, where applicable, comply with Chapter
55 of the Township Code.
(2)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI EIA/TIA-222-G, as amended, to document and verify the design
specifications of the foundation of the tower-based WCF, and anchors
for guy wires, if used.
F. Fence/screen.
(1)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(2)
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
(3)
The WCF applicant shall submit a landscape plan for review and
approval by the Township Planning Commission for all proposed screening.
G. Accessory equipment.
(1)
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Township Engineer, then the ground-mounted
equipment shall be screened from public view using stealth technologies,
as described above.
(2)
All utility buildings and accessory structures shall
be architecturally designed to blend into the environment in which
they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
H. 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
and that the WCF applicant shall not unreasonably withhold such permission.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
I. Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to a tower-based
WCF. 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 WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
J. Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF outside the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
financial security acceptable to the Township Solicitor, in an amount
of $100,000, to assure the faithful performance of the terms and conditions
of this article. The financial security 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. The owner shall file the
financial security with the Township.
[Amended 1-8-2015 by Ord.
No. 948]
K. Visual or land use impact. The Township reserves the right to deny
an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
L. Inspection. The Township reserves the right to inspect any tower-based
WCF 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 WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
The following regulations shall apply to tower-based wireless
communications facilities located in the rights-of-way:
A. Prohibited in certain zones. No tower-based WCF shall be located
in residential districts or in a Village Commercial District or within
500 feet of a lot in residential use or a residential district boundary.
B. Gap in coverage. An applicant for a tower-based WCF 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
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or non-existence of a gap
in wireless coverage shall be a factor in the Township's decision
on an application for approval of tower-based WCFs in the ROW.
C. Notice. Upon receipt of an application for a tower-based WCF, the
Township shall mail notice thereof to the owner or owners of every
property within 500 feet of the parcel or property of the proposed
facility.
D. Co-location. An application for a new tower-based WCF in the ROW
shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers 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
tower or other suitable structure cannot be utilized.
E. Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based 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.
F. Equipment location. Tower-based WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or, in the absence
of a curb, the edge of the pavement;
(2)
Ground-mounted equipment that cannot be underground shall be
screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
G. Design regulations.
(1)
The WCF 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 WCF applicant shall be subject to the approval of the
Township.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township, and shall not increase the overall
height of the tower-based WCF to more than 150 feet. 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.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
H. Visual or land use impact. The Township reserves the right to deny
the construction or placement of any tower-based WCF in the ROW based
upon visual and/or land use impact.
I. Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, 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 the prior written approval of the Township.
J. 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:
(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.
K. Compensation for ROW use. In addition to permit fees as described in §
116-301Q, every tower-based WCF 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 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. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
L. Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF in the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
financial security acceptable to the Township Solicitor, in an amount
of $100,000, to assure the faithful performance of the terms and conditions
of this article. The financial security 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. The owner shall file the
financial security with the Township.
[Amended 1-8-2015 by Ord.
No. 948]
The following additional regulations shall apply to non-tower
wireless communications facilities located outside the rights-of-way
that substantially change the wireless support structure to which
they are attached:
A. Development regulations. Non-tower WCFs shall be co-located on existing
structures such as existing buildings or tower-based WCFs subject
to the following conditions:
(1)
Such WCF does not exceed a maximum height of 150 feet.
(2)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(3)
A six-foot-high security fence shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
B. Design regulations.
(1)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(2)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a conditional use approval.
(3)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(4)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(5)
Noncommercial usage exemption. The design regulations enumerated in this Subsection
B shall not apply to direct-broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
C. Removal; replacement; modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the number of antennas.
(2)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
D. Visual or land use impact. The Township reserves the right to deny
an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
E. Inspection. The Township reserves the right to inspect any WCF 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 WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
The following additional regulations shall apply to all non-tower
wireless communications facilities located in the rights-of-way:
A. Co-location. Non-tower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles.
B. Design requirements.
(1)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C. Compensation for ROW use. In addition to permit fees as described
above, every non-tower WCF 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 of
each non-tower WCF 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 non-tower WCFs
shall be determined by the Township and authorized by resolution of
the Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.
D. 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.
E. Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, or, in the absence
of a curb, the edge of the pavement.
(2)
Ground-mounted equipment shall be located underground. In the
event that an applicant can demonstrate, to the satisfaction of the
Township Engineer, that ground-mounted equipment cannot be underground,
then all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
F. 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:
(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.
G. Visual or land use impact. The Township retains the right to deny
an application for the construction or placement of a non-tower WCF
based upon visual and/or land use impact.