Township of West Whiteland, PA Article XXII Wireless Communications Facilities

[Added 3-31-2015 by Ord. No. 422]

§ 325-132 Purposes and findings of fact.

A. The purpose of this article is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in West Whiteland Township (referred to herein as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

B. By enacting this article, the Township intends to:

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

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

(3) Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities;

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

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

§ 325-133 General requirements for all non-tower wireless communications facilities.

A. The following regulations shall apply to all non-tower wireless communications facilities located within the Township, including those inside the public rights-of-way:

(1) Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(2) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower 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 in the Township.

(3) Wind. All non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).

(4) Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(5) Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(6) Nonconforming wireless support structures. Co-located non-tower WCFs shall be permitted on nonconforming tower-based WCFs and other nonconforming structures.

(7) Radio frequency emissions. No non-tower 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 Radio Frequency Electromagnetic Fields," as amended.

(8) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(9) Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant, in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such 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 Township's sixty-day review period. This timing of approval shall not apply to any non-tower WCF required to proceed through conditional use approval in which case the conditional use standards and procedures set forth in § 325-124 and this article shall apply.

(10) Insurance. Each person that owns or operates a non-tower WCF shall provide the Township at the time of application a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(11) Indemnification. Each person that owns or operates a non-tower WCF shall execute an indemnification agreement with the Township, agreeing to, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

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

(a) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

B. In addition to the regulations of § 325-133A, the following regulations shall apply to all non-tower wireless communications facilities, such as antennas, that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(1) Permit required. Applicants proposing the modification of an existing non-tower WCF shall obtain a permit from the Township Zoning Officer. In order to be considered for such permit, the applicant must submit a permit application to the Township.

(2) Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

(3) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF. Such fees shall be adopted and adjusted by annual resolution of the West Whiteland Township Board of Supervisors.

C. In addition to the regulations in § 325-133A, the following additional regulations shall apply to all non-tower wireless communications facilities, such as antennas, that do substantially change the wireless support structure to which they are attached:

(1) Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(2) Conditional use authorization. Any applicant proposing the construction of a new non-tower WCF shall submit a conditional use application to the Township Board of Supervisors subject to those timing and notice requirements as set forth in § 325-124 and this article and the related applicable review and approval provisions set forth therein. New construction and modifications shall be prohibited without conditional use authorization.

(3) Historic buildings. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

(4) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of 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 in accordance with § 325-126, Review fees for professional consultants, of the Zoning Ordinance.

(5) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such fees shall be adopted and adjusted by annual resolution of the West Whiteland Township Board of Supervisors.

§ 325-134 Non-tower wireless facilities outside rights-of-way.

A. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that do substantially change the wireless support structure to which they are attached:

(1) Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, unless proven by the applicant that co-location is not possible pursuant to § 325-136A(6), subject to the following conditions:

(a) The total height of any support structure and mounted WCF shall not exceed the height limitations permitted in the underlying zoning district by 20 feet, unless the applicant applies for, and subsequently obtains, a variance.

(b) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(c) If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(d) A security fence of not less than six feet and not more than 12 feet shall surround any separate communications equipment building. Such fence shall be of board-on-board construction or another completely opaque type acceptable to the Township. The fence opacity limit established in § 325-29A shall not apply to fences erected pursuant to this § 325-134A(1)(d). Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(2) Design regulations.

(a) Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize visual impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(b) Microwave antennas. The following regulations apply exclusively to microwave antennas:

[1] Maximum diameter of a microwave antenna shall not exceed 10 feet if ground mounted.

[2] When separately supported, the total height of a microwave antenna shall not exceed 12 feet.

[3] Limitation in number. Only one microwave antenna shall be permitted per lot in any district zoned residential. The microwave antenna shall be considered as a permissible accessory use in all zoning districts, subject to the rules and regulations of this section.

(c) 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 this article.

(3) Removal, replacement, modification.

(a) The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas.

(b) Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

(4) Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to, visual impact, design, and safety standards.

(5) 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.

§ 325-135 Non-tower wireless facilities in public rights-of-way.

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. If co-location is not technologically feasible, the applicant shall locate its non-tower WCFs on existing poles that do not already act as wireless support structures.

B. Design requirements:

(1) WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and 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. 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.

D. 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 within an easement extending onto a privately owned lot.

(2) Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(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 proposed underground vault related to non-tower WCFs shall be reviewed and approved by the Township.

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 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.

F. Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.

§ 325-136 General requirements for all tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities in the Township:

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 in the Township.

B. Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the applicant shall mail notice to all owners of every property within 300 feet of the proposed facility and otherwise comply with the notice provisions of § 325-124B(6). The applicant shall provide proof of the notification to the Township.

C. Conditional use authorization required. Tower-based WCFs are permitted in certain zoning districts and along certain public rights-of-way by conditional use and only in such location within such districts and at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

(1) Prior to the Board's approval of a conditional use authorizing the construction and installation of tower-based WCF in a zoning district where the same is a permitted conditional use, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as radomes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed WCF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

(2) The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment.

(3) The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

(4) Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WTF and that vehicular access will be provided to the facility.

D. Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.

E. Visual appearance and compatibility with surroundings. Tower-based WCFs shall employ stealth technology. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. In evaluating applications, the Board of Supervisors shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the visual character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

F. Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Township finds that the antenna and related equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or on Township property. The Board of Supervisors may deny an application to construct a new tower-based WCF if the applicant has not made a good faith effort to mount the antenna(s) on an existing structure as set forth in this section. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

(1) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

(2) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

(3) Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

(4) A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

G. Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Township Zoning Officer. Modifications that do not fall under the Pennsylvania WBCA shall be prohibited without a zoning permit.

H. 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.

I. Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

J. Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).

K. Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 120 feet, as measured vertically from the ground level, including any base pad, to the highest point on the structure, including antennas and subsequent alterations. Should the applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the applicant, the total height of such tower-based WCF may exceed 120 feet if authorized by the Board of Supervisors; however, in no event shall the tower-based WCF exceed 150 feet.

L. Related equipment building. Any building or other structure housing related equipment shall comply with the required yard and height requirement of the applicable zoning district for an accessory structure.

M. 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.

N. 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.

O. 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 Radio Frequency Electromagnetic Fields," as amended.

P. Historic buildings or districts. No tower-based WCF may be located on a lot containing a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, a historic structure, a historic resource or is included in or adjacent to a certified historic district.

Q. Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be a street number sign and signage as may be required by the FCC or any other federal or state agency.

R. Lighting. Lighting shall be in accordance with § 281-48 of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.

S. 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.

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

U. 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 in accordance with § 325-126, Review fees for professional consultants, of the Zoning Ordinance.

V. 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 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 one-hundred-fifty-day review period.

W. 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. Co-located non-tower WCFs shall be permitted on nonconforming tower-based WCFs and other nonconforming structures.

X. 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.

Y. 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. Such fees shall be adopted and adjusted by annual Resolution of the West Whiteland Township Board.

Z. FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

AA. Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, including but are not limited to, visual impact, design, and safety standards.

BB. Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township at the time of application a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township at the time of application a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

CC. Indemnification. Each person that owns or operates a tower-based WCF shall execute an indemnification agreement with the Township, agreeing to, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

DD. Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.

EE. Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

§ 325-137 Tower-based facilities outside rights-of-way.

The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

A. Development regulations.

(1) Location.

(a) Such tower-based WCFs may be located in the following zoning districts by conditional use:

[1] I-1 Limited Industrial District.

[2] I-2 General Industrial District.

(b) Such tower-based WCFs shall not be located within 75 feet of any underground utility.

(2) Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot. The lot shall meet the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 40% of the proposed WCF structure height.

(3) Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

(a) The existing use on the property may be any permitted use or legally nonconforming use in the applicable district, and need not be affiliated with the WCF.

(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 if the proposed WCF is greater than 40 feet in height.

(c) Minimum setbacks. The foundation of the tower-based WCF shall be set back from a residential property line (not lease line) by at least 100 feet and shall be set back from any other property line (not lease line) by at least 75 feet.

B. 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. In addition to the design requirements enumerated in this article, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(2) To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval 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.

(4) Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

C. Surrounding environs. The applicant shall submit certification from a Pennsylvania-registered professional engineer that the proposed telecommunication tower 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 the West Whiteland Building Code.

D. Fence/screen.

(1) A security fence having a minimum height of six feet and a maximum height of 12 feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment. Such fence shall be of board-on-board construction or another completely opaque type acceptable to the Township. The fence opacity limit established in § 325-29A shall not apply to fences erected pursuant to this § 325-137A(4)(a).

(2) Landscaping. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board of Supervisors, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

E. Accessory equipment.

(1) Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or 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.

F. Access road. An access road of at least nine feet in width, turnaround space and parking shall be provided to ensure adequate emergency and service access to 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.

G. Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

H. 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.

§ 325-138 Tower-based facilities in rights-of-way.

The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

A. Development Regulations.

(1) Such tower-based WCFs shall not be located in any underground utility areas and shall not be located in the front yard of any lot.

(2) Tower-based WCFs 40 feet or shorter in height shall be permitted along the following corridors and roadways, regardless of the underlying zoning district, provided that they are not situated within 50 feet of underground utilities.

(a) Boot Road.

(b) Old Valley Road.

(c) Route 202.

(d) Route 322.

(e) Lincoln Highway/Business Route 30.

(f) Route 30 Bypass.

(g) Route 100.

B. 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.

C. 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 edge of the cartway, including face of the curb if there is curbing.

(2) Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(3) Required electrical meter cabinets shall the 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.

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. In addition to the design requirements enumerated in this article, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(2) Tower-based WCFs in the public ROW shall not exceed 40 feet in height.

(3) To the extent permissible under state and federal law, 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 40 feet.

(4) 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. 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.

F. Reimbursement for ROW use. In addition to permit fees as described in this article, 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.

§ 325-139 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.