[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown 12-15-2014 by Ord. No. 424-14. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 455.
This chapter shall be known as the "Wireless Communications
Facilities Chapter."
A.
The purpose of this chapter is to regulate the placement, construction
and modification of wireless communications facilities, in order to
protect the health, safety and welfare of the public, while not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in the Township. The purpose of this chapter may be achieved
through adherence to the following objectives:
(1)
Protect residential areas and land uses from potential adverse impacts
that wireless communications facilities might create, including but
not limited to negative impacts on aesthetics, environmentally sensitive
areas, historically significant locations, flight corridors, and health
and safety of persons and property;
(2)
Establishment of clear and nondiscriminatory local regulations concerning
wireless telecommunications providers and services that are consistent
with federal and state laws and regulations pertaining to telecommunications
providers;
(3)
Encourage providers of wireless communications facilities to locate
facilities, to the extent possible, in areas where the adverse impact
on the community is minimal;
(4)
Encourage the location of wireless communications facilities in nonresidential
areas and allow wireless communications facilities in residential
areas only when necessary to meet functional requirements of the telecommunications
industry as defined by the Federal Communications Commission;
(5)
Minimize the total number of wireless communications facilities in
residential areas;
(6)
Encourage and, where legally permissible, require cooperation between
competitors and, as a primary option, joint use of new and existing
towers, tower sites and suitable structures to the greatest extent
possible, in order to reduce cumulative negative impact on the Township;
(7)
Ensure wireless communications facilities are configured in a way
that minimizes the adverse visual impact of the facilities, as viewed
from different vantage points, through careful design, landscape screening,
minimal impact siting options and camouflaging techniques, and through
assessment of technology, current location options, siting, future
available locations, and innovative siting techniques;
(8)
Enable wireless communication companies to enter into lease agreements
with the Township to use Township property for the placement of wireless
facilities, where consistent with other public needs, as a means to
generate revenue for the Township;
(9)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(10)
Provide for the prompt removal of wireless communications facilities
that are abandoned or no longer inspected for safety concerns and
building code compliance, and provide a mechanism for the Township
to cause these abandoned wireless communications facilities to be
removed as necessary to protect the citizens from imminent harm and
danger;
(11)
Avoid potential damage to adjacent properties from tower failure,
through strict compliance with state building and electrical codes;
(12)
Provide a means for public input on wireless communication facility
placement, construction and modification; and
(13)
Address new technologies, including but not limited to, distributed
antenna systems, data collection units, cable wi-fi and other wireless
communications facilities.
B.
In furtherance of these objectives, the Township shall give due consideration
to the zoning code, existing land uses, and environmentally sensitive
areas when approving sites for the location of communication towers
and antennas.
C.
These objectives were developed to protect the public health, safety
and welfare, to protect property values, and to minimize visual impact,
while furthering the development of enhanced telecommunications services
in the Township. These objectives were designed to comply with the
Federal Telecommunications Act of 1996 and the Pennsylvania Wireless
Broadband Collocation Act. The provisions of this chapter are not
intended to and shall not be interpreted to prohibit or to have the
effect of prohibiting personal wireless services. This chapter shall
not be applied in such a manner as to unreasonably discriminate between
providers of functionally equivalent personal wireless services.
D.
To the extent that any provision of this chapter is inconsistent
or conflicts with other provisions related to wireless communications
facilities in the Code of this Township, the provisions of this chapter
shall control. Otherwise, this chapter shall be construed consistently
with the other provisions and regulations of the Township.
E.
In reviewing any application to place, construct or modify wireless
communications facilities, the Township shall act within a reasonable
period of time after an application for a permit is duly filed, taking
into account the nature and scope of the application. Any decision
to deny an application shall be in writing, supported by substantial
evidence contained in a written record. The Township shall approve,
approve with conditions, or deny the application in accordance with
this title, this chapter, and other applicable ordinances and regulations.
Terms used in this chapter shall have the following meaning,
whether or not the terms are capitalized. Unless otherwise expressly
stated, terms not defined in this chapter shall be construed consistent
with the general definitions section of the Zoning Ordinance of the
Township,[1] and, if not defined therein, with their common and ordinary
meaning.
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 as defined below.
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF, or other previously approved and constructed
wireless support structure including monopoles, towers, electrical
transmission towers and water towers.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
A condition that (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or (2) has caused
or is likely to cause facilities in a right-of-way to be unusable
and result in loss of the services provided.
The Federal Communications Commission.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A wireless communication support structure which consists
of metal crossed strips or bars to support antennas and related equipment.
A freestanding structure which consists of a single vertical
pole, fixed into the ground and/or attached to a foundation built
for the sole or primary purpose of supporting FCC-licensed antennas
and their associated facilities. Antenna(s) may be externally mounted
(visible antenna) or internally mounted (no visible antennas).
The surface of and space above and below any real property
in the Township in which the Township, county or 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, county or 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, county or commonwealth.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way." The phrase "existing right-of-way"
is the legal right-of-way as established by the commonwealth or other
appropriate governing authority and which is currently in existence.
The phrase "future right-of-way" is the right-of-way deemed necessary
to provide adequate width for future street improvements.
[Added 2-4-2019 by Ord.
No. 437-19]
Wireless communication facilities (WCF) that meet each of the
following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas;
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend the existing structures on which they are located
to a height more than 50 feet or by more than 10%, whichever is greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment with the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under law;
The facilities are not located on tribal land, as defined by
law; and
The facilities do not result in human exposure to radiofrequency
radiation excess of applicable safety standards.
SWFs may be tower-based or structure-mounted.
Camouflaging methods applied to tower-based wireless communications
facilities, structure-mounted wireless communications facilities,
antennae and other wireless communications 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 antennae,
building-mounted antennae painted to match the existing structure
and facilities constructed to resemble trees, shrubs, flag poles and
light poles.
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
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.
A Township, borough or city or as more specifically defined
herein.
An unstaffed facility for the transmission and reception
of radio or microwave signals used for commercial communications.
A WCF provides services which include cellular phone, personal communication
services, other mobile radio services, and any other service provided
by wireless common carriers licensed by the Federal Communications
Commission (FCC). WCFs are composed of two or more of the following
components:
A small structure, shelter, cabinet, or vault used to house
and protect the electronic equipment necessary for processing wireless
communication signals. Associated equipment may include air conditioning
and emergency generators.
A wireless communication facility located on existing structures
such as buildings, light poles, utility poles, flag poles, transformers,
and/or tanks, and includes co-location as defined herein. This does
not include support structures for antennae or related equipment that
is mounted to the ground or at ground level, and also does not include
WCF located upon single-family or two-family dwellings which is prohibited
in the Township.
A structure that is used for the purpose of supporting one
or more antennae, including, but not limited to, self-supporting towers
and monopoles. DAS hub facilities are considered to be tower-based
WCFs.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, including federally licensed wireless
telecommunications services consisting of cellular services, personal
communications services (PCS), specialized mobile radio services (SMR),
enhanced specialized mobile radio services (ESMR), paging, and similar
services that currently exist or that may be developed in the future.
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 Zoning Ordinance as adopted and amended by the Township
in its entirety.[2]
A.
This Township encourages wireless communications services providers
to use existing sites or more frequent, less noticeable sites instead
of attempting to provide coverage through use of taller towers. To
that end, applicants shall consider the following priority of preferred
locations for wireless communications facilities:
(1)
Co-location, without an increase in the height of the building, pole
or structure upon which the facility would be located;
(2)
Co-location, where additional height is necessary above existing
building, pole, or structure;
(3)
A replacement pole or structure for an existing one;
(4)
A new pole or structure altogether.
B.
Co-location shall be encouraged for all wireless communication facilities'
applications and is implemented through less complex permit procedures.
(1)
To the greatest extent technically feasible, applicants for new monopole
facilities shall be required to build mounts capable of accommodating
at least two other carriers.
(2)
Any wireless communication facility that requires a conditional use
approval under the provisions of this chapter shall be separated by
a minimum of 500 feet from any other facility requiring a conditional
use approval, unless the submitted engineering information clearly
indicates that the requested site is needed in order to provide coverage
for the particular provider and other siting options have been analyzed
and proven infeasible.
A.
General requirements applicable to all tower-based wireless communications
facilities.
(1)
Standard of care. Tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical and safety codes, including,
but not limited to, the most recent editions of the American National
Standards Institute 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.
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.
(2)
Wind. Tower-based WCF 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).
(3)
Height. 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. To the extent permissible
by law, any height extensions to an existing tower-based WCF shall
require building permit approval by the Township.
(4)
Additional antennae. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the Township with a written commitment
that it will allow other service providers to co-locate antennae on
their tower-based WCF where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Township.
(5)
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 site specific aesthetics and/or land use impact based
upon legitimate regulatory factors including Township ordinances,
protection of natural resources, scenic vistas, and protections set
forth in the Township's Comprehensive Plan and any related planning
documents.
(6)
Public safety communications. Tower-based WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(7)
Maintenance. The following maintenance requirements shall apply:
(a)
Tower-based 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 WCF in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(8)
Radio frequency emissions. Tower-based WCF shall not, by itself or
in conjunction with any other WCF, 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.
(9)
Historic protections. No tower-based WCF may be located on a property,
building or structure that is listed on the National Register of Historic
Places, the Pennsylvania Register of Historic Places or included on
a list of official historic places and/or within historic districts
as established and maintained by the Township. No tower-based WCF
may be located upon property that contains a historic building or
structure and also may not be located within 150 feet of any historic
building, structure, property or designated historic district.
(10)
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 and such contact information
shall also be provided to the Township.
(11)
Lighting. Tower-based WCF 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.
(12)
Appearance. The tower portion of tower-based WCF shall employ
stealth technology including, if feasible, galvanized and/or painted
with a rust-preventative paint of an appropriate color to harmonize
with surroundings, and maximize the use of a like facade to blend
in with the existing surroundings and neighboring buildings to the
greatest extent possible.
(13)
Noise. Tower-based WCF shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and local regulations, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(14)
Aviation safety. Tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(15)
Conditional use and notice. Upon submission of an application
for a tower-based WCF and scheduling of the required conditional use
hearing, the applicant shall mail notice thereof to the owner or owners
of every property within 800 feet of property lines of the parcel
or property upon which the proposed facility is to be situated. Such
notice requirements shall be met by the applicant and proof of notification
provided to the Township and also confirmed by the applicant as part
of the conditional use hearing.
(16)
Application requirements. An application for a tower-based WCF
shall not be approved unless the applicant can show that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing wireless support structure,
including a wireless support structure that could be considered and
approved by the Township such as existing water towers or similar
type structures. The following information must be submitted as part
of a completed application:
(a)
Project description including a design narrative, technology
description, and co-location analysis indicating the alternative locations
and technologies considered;
(b)
Existing wireless coverage map overlaid on a current aerial
photo showing provider's existing facilities and wireless coverage
in the area, including the gap in coverage which is resulting in the
need for the tower-based WCF;
(c)
Proposed wireless coverage map overlaid on a current aerial
photo showing provider's wireless coverage with the proposed
facility;
(d)
Site information on scaled plans, including the following:
[1]
Site plan;
[2]
Elevation drawings;
[3]
Undergrounding details, as applicable;
[4]
Screening, camouflaging or landscaping plan and cost estimate,
as appropriate; and
[5]
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.
(e)
Photos and photo simulations showing the existing appearance
of the site and appearance of the proposed installation from nearby
public viewpoints;
(f)
A copy of the current FCC license for the entity that will own
or operate the tower-based WCF, including the contact information
of the operator of the facility. The applicant shall also provide
a copy of all applicable FCC regulations with which it is required
to comply and a schedule of estimated FCC inspections; and
(g)
Any other documentation deemed necessary by the Township in
order to issue a decision.
(17)
Retention of experts/consultants. Applicants may use various
methodologies and analyses, including geographically based computer
software, to determine the specific technical parameters of the services
to be provided utilizing the proposed wireless communications facilities,
such as expected coverage area, antenna configuration, capacity, and
topographic constraints that affect signal paths. In certain instances,
a third-party expert, and other consultants, may be needed to review
the engineering and technical data submitted by an applicant. The
Township may at its discretion require consultant assistance, including
third-party engineering and technical review as part of a permitting
process. The costs of such reviews shall be borne by the applicant.
The selection of the third-party expert and other consultants is at
the discretion of the Township. The third-party expert review is intended
to address interference and public safety issues and be a site-specific
review of engineering and technical aspects of the proposed wireless
communications facilities and/or a review of the applicants'
methodology and equipment used, and is not intended to be a subjective
review of the site which was selected by an applicant. Based on the
results of the expert review, the Township may require changes to
the proposal. The third-party review shall address the following:
(a)
The accuracy and completeness of submissions;
(b)
The applicability of analysis techniques and methodologies;
(c)
The validity of conclusions reached;
(d)
The viability of other site or sites in the Township for the
use intended by the applicant; and
(e)
Any specific engineering or technical issues deemed necessary
by the Township.
(18)
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 Electronics
Industries Association or the Telecommunications Industry Association
and certify the proper construction of the foundation and the erection
of the structure.
(19)
Timing of approval.
(a)
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. The Township shall have 14 days from the receipt of the
additional information to issue a letter of completeness, or request
additional information as appropriate. All applications for tower-based
WCF 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. If the application is subject to conditional use approval,
such conditional use provisions will remain applicable to the application;
however, the timing of approval shall not fall outside the timeline
set forth in this section unless agreed upon by the applicant and
the Township.
(b)
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a tower-based WCF that is also a SWF is filed
with the Township, the Township shall notify the applicant, in writing,
of any information that may be required to complete such application.
The Township shall have 10 days from the receipt of the additional
information to issue a letter of completeness or request additional
information as appropriate. All applications for tower-based WCF that
also constitute a SWF shall be acted upon within 90 days of the receipt
of a fully completed application for the approval of such tower-based
WCF which also constitutes a SWF, 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 ninety-day review period. If the application is
subject to conditional use approval, such conditional use provisions
will remain applicable to the application; however, the timing of
approval shall not fall outside the timeline set forth in this section
unless agreed upon by the applicant and the Township.
[Added 2-4-2019 by Ord.
No. 437-19]
(20)
Nonconforming uses. Nonconforming tower-based WCF which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this chapter.
(21)
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.
All permit fees and consultant fees must be paid in full by the applicant
prior to a building permit being issued to the applicant.
(22)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF shall, at its own cost and expense, obtain and maintain from a
surety licensed to do business in Pennsylvania a bond, or other form
of financial security acceptable to the Township's Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this chapter. The language contained in the
bond or other form of financial security shall be reviewed and approved
by the Township Solicitor. The bond shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, including
removal of the tower by the Township if necessary, after reasonable
notice and opportunity to cure. The owner shall file the bond with
the Township prior to, or at the same time as, the issuance of the
permit.
(23)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(24)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs
and all other costs of indemnification.
(25)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCF or portions of WCF
shall be removed as follows:
(a)
All unused or abandoned tower-based WCF 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.
(b)
If the WCF 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.
(c)
Any unused portions of tower-based WCF, 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.
B.
Specific requirements applicable to tower-based wireless communications
facilities located outside of the rights-of-way.
(1)
Development regulations.
(b)
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.
(c)
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 permitted use, subject to the following conditions:
[1]
The existing use on the property shall be any permitted use
in the applicable district, and need not be affiliated with the tower-based
WCF.
[2]
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, the WCF equipment enclosure, security fence,
and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and WCF equipment enclosure
shall comply with the setback requirements for the applicable zoning
district, provided that tower-based WCF shall not violate any other
required separation distances from other uses or districts as may
be provided elsewhere in the Zoning Ordinance.[1]
(2)
Surrounding environment.
(a)
The tower-based WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF shall be preserved to the maximum extent possible.
(b)
The tower-based WCF applicant shall submit a soil report to
the Township showing compliance with the accepted industry standards
and to document and verify the design specifications of the foundation
of the tower-based WCF as being compliant with all applicable safety
regulations.
(3)
Security fencing and screening.
(a)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF and WCF equipment enclosure.
(b)
An evergreen screen that consists of a hedge, or a row of evergreen
trees or some similar type of vegetative buffer approved by the Township,
shall be located along the perimeter of the security fence.
(c)
The WCF applicant shall submit a landscape plan for review and
approval by the Township for all proposed screening.
(4)
Wireless communications facility equipment enclosure and accessory
equipment.
(a)
Ground-mounted equipment associated to, or connected with, 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.
(b)
All wireless communications facility equipment enclosures 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.
(5)
Access road. An access road, 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.
(6)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this chapter and any
other provisions found within the federal, state or local law. The
Township and/or its agents shall have the authority to enter the property
upon which a tower-based WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(7)
Zoning setback exceptions.
(a)
Generally, wireless communications facilities placed on private
property must meet certain required setbacks. However, in some circumstances,
allowing modifications to setbacks may better achieve the goal of
this chapter of concealing such facilities from view.
(b)
The Township as part of a conditional use process, may approve
modifications to be made to setbacks when:
[1]
An applicant for a wireless communication facility can demonstrate
that placing the facility on certain portions of a property will provide
better screening and aesthetic considerations than provided under
the existing setback requirements; or
[2]
The modification will aid in retaining open space and trees
on the site; or
[3]
The proposed location allows for the tower-based wireless communication
facility to be located a greater distance from residentially zoned
properties.
(c)
This zoning setback modification cannot be used to waive/modify
any setback required under the state building codes or fire codes.
(d)
A request for a setback exception shall be made at the time
the initial application is submitted, unless later suggested and recommended
by the Township as part of the review process.
C.
Specific requirements applicable to tower-based wireless communications
facilities located within the rights-of-way.
(1)
Prohibited in underground utility areas. Tower-based WCF are prohibited
along any roadways or corridors of the Township which are served primarily
by underground utilities. Tower-based WCF regardless of height are
prohibited from being located in the front facade or front yard of
any property in a residentially zoned district.
(2)
Permitted by conditional use.
(3)
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.
(4)
Restoration. If appropriate, the applicant shall provide an estimate
of the cost of restoration to the ROW by disturbances caused by its
installation of a tower-based WCF. After completion of any maintenance,
placement, installation, or removal of any tower-based WCF in the
ROW, the owner of such facility shall, at its own expense, restore
the ROW to its original condition within 20 days or such longer period
as may reasonably be required and approved by the Township. Additionally:
(a)
For one year following the completion of such work, the owner
of such tower-based WCF shall guarantee its work and correct, at its
own expense, any restoration work that does not satisfy the construction
standards under the Township's codes; and
(b)
The owner of the tower-based WCF shall exercise due care in
such restoration of the ROW and shall take all reasonable steps to
safeguard work site areas.
(5)
Equipment location. Tower-based WCF 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:
(a)
Ground-mounted equipment, walls, or landscaping shall not be
located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
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.
(e)
Any underground vaults related to tower-based WCF shall be reviewed
and approved by the Township.
(6)
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 shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
tower-based WCF when the Township, consistent with its police powers
and any applicable Public Utility Commission regulations, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township improvement or other public improvements necessary within
the right-of-way.
(b)
The operations of the Township or other governmental entity
is required or being interfered with, in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
(7)
Compensation for ROW use. In addition to other permit fees as required
by the Township, 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 as determined by the
Township to compensate the Township for the Township's costs
incurred in connection with the activities described above.
A.
Provisions applicable to all structure-mounted wireless communications
facilities.
(1)
Standard of care. Any structure-mounted WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, and safety codes, including,
but not limited to, the most recent editions of the American National
Standards Institute (ANSI) Code, National Electrical Safety Code,
and National Electrical Code. Any WCF shall at all times be 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.
(2)
Wind. Any structure-mounted WCF 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).
(3)
Public safety communications. Structure-mounted WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(4)
Aviation safety. Structure-mounted WCF shall comply with all federal
and state laws and any local regulations concerning aviation safety.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
The structure-mounted 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.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(6)
Radio frequency emissions. Structure-mounted WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(7)
Historic protections. Structure-mounted WCF shall not be located
on a property, building or structure that is listed on the National
Register of Historic Places, the Pennsylvania Register of Historic
Places or included on the list of official historic places and/or
within historic districts as established and maintained by the Township.
No structure-mounted WCF may be located upon property that contains
a historic building or structure and also may not be located within
150 feet of any historic building, structure, property or designated
historic district.
(8)
Insurance. Each person that owns or operates a structure-mounted
WCF shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the structure-mounted WCF.
(9)
Indemnification. Each person that owns or operates a structure-mounted
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the structure-mounted WCF. Each person that owns or
operates a structure-mounted 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 structure-mounted
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.
(10)
Removal. In the event that use of a structure-mounted WCF is
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCF or portions of WCFs shall be
removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three 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 three
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.
B.
Specific requirements applicable to structure-mounted wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached.
(1)
Permitted by building permit. Structure-mounted WCF that do not substantially
change the physical dimensions of the wireless support structure to
which they are proposed to be attached are permitted by building permit
in all zoning districts in the Township.
(2)
A structure-mounted WCF proposing a co-location in a zoning district
or designated area where WCF are not currently permitted by this chapter
may still be permitted if there are currently wireless support structures
in place and available for co-location. Such co-location shall be
subject to the regulations and conditions prescribed below and the
prior written approval of the Township.
(3)
Timing of approval.
(a)
Within 30 calendar days of the date that an application for a structure-mounted
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. The Township shall have 14 days from receipt of the additional
information to issue a letter of completeness, or request additional
information as appropriate. Within 90 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the 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 ninety-day review period.
(b)
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a structure-mounted WCF that is also a SWF
is filed with the Township, the Township shall notify the applicant,
in writing, of any information that may be required to complete such
application. The Township shall have 10 days from receipt of the additional
information to issue a letter of completeness or request additional
information as appropriate. 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 compete an application, the time required by the
applicant to provide the information shall not be counted toward the
Township's sixty-day review period.
[Added 2-4-2019 by Ord.
No. 437-19]
(4)
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 structure-mounted
WCF.
[Amended 2-4-2019 by Ord.
No. 437-19]
C.
Specific requirements applicable to structure-mounted wireless communications
facilities that do substantially change the wireless support structure
to which they are attached.
(1)
Permitted in certain zones subject to regulations.
(a)
Structure-mounted WCF that substantially change the wireless
support structure to which they are proposed to be attached are permitted
by conditional use in the following zoning districts, and within ROW
of the following roadways:
(b)
To the extent feasible, the WCF should not be located in the
front facade or front yard of any property in a residentially zoned
district.
(2)
Conditional use and notice. Upon submission of the application for
the structure-mounted WCF and scheduling of the required conditional
use hearing, the applicant shall mail notice thereof to the owner
or owners of every property within 800 feet of the property line of
the parcel or property upon which the proposed facility is to be situated.
Such notice requirements shall be met by the applicant and proof of
notification provided to the Township and also confirmed by the applicant
as part of the conditional use hearing.
(3)
Timing of approval.
(a)
Within 30 calendar days of the date that an application for a structure-mounted
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. The Township shall have 14 days from receipt of the additional
information to issue a letter of completeness, or request additional
information as appropriate. Within 90 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the 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 ninety-day review period. If the application is subject
to conditional use approval, such conditional use provisions will
remain applicable to the application; however, the timing of approval
shall not fall outside the timeline set forth in this section unless
agreed to by all parties.
(b)
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a structure-mounted WCF that is also a SWF
is filed with the Township, the Township shall notify the applicant,
in writing, of any information that may be required to complete such
application. The Township shall have 10 days from receipt of the additional
information to issue a letter of completeness or request additional
information as appropriate. 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. If the application is subject
to conditional use approval, such conditional use provisions will
remain applicable to the application; however, the timing of approval
shall not fall outside the timeline set forth in this section unless
agreed to by all parties.
[Added 2-4-2019 by Ord.
No. 437-19]
(4)
Application requirements. An application for a structure-mounted
WCF that proposes to substantially change the wireless support structure
must submit the following as part of a completed application:
(a)
Project description including a design narrative, technology
description, and co-location analysis indicating the alternative locations
and technologies considered;
(b)
Existing wireless coverage map overlaid on a current aerial
photo showing provider's existing facilities and wireless coverage
in the area;
(c)
Proposed wireless coverage map overlaid on a current aerial
photo showing provider's wireless coverage with the proposed
facility;
(d)
Photos and photo simulations showing the existing appearance
of the site and appearance of the proposed installation from nearby
public viewpoints;
(e)
Any other documentation deemed necessary by the Township in
order to issue a decision.
(5)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the WCF, and reviewing any potential
violations. This analysis may include determining whether or not the
co-location is substantially changing the wireless support structure
despite falling outside the technical scope as defined in this chapter's
definition section. The applicant or the owner of the WCF shall reimburse
the Township for all expert and/or consultant costs.
(6)
Bond. Prior to the issuance of a permit, the owner of each individual
structure-mounted WCF shall, at its own cost and expense, obtain and
maintain from a surety licensed to do business in Pennsylvania a bond,
or other form of security acceptable to the Township's Solicitor,
in an amount of $25,000 for each individual structure-mounted WCF,
to assure the faithful performance of the terms and conditions of
this chapter. The bond language or other financial security language
shall be review and approved by the Township's Solicitor. The
bond shall provide that the Township may recover from the principal
and surety any and all compensatory damages incurred by the Township
for violations of this chapter, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township.
(7)
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 structure-mounted
WCF, as well as related inspection, monitoring and related costs.
All permit fees and reimbursement for expert/consultant fees shall
be paid in full by the applicant prior to the issuance of any building
permits.
D.
Additional requirements applicable to structure-mounted wireless
communications facilities located outside the rights-of-way that substantially
change the wireless support structure to which they are attached.
(1)
Development regulations. Structure-mounted WCF shall be co-located
on existing structures, such as existing buildings or tower-based
WCF subject to the following conditions:
(a)
Such WCF does not exceed a maximum height of 150 feet.
(b)
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.
(c)
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.
(2)
Design regulations.
(a)
Structure-mounted WCF 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.
(b)
Structure-mounted WCF, 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.
(c)
All structure-mounted 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.
(d)
Antennae, 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.
(e)
Noncommercial usage exemption. The design regulations enumerated
in this paragraph shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
(3)
Removal, replacement, and/or modification.
(a)
The removal and replacement of structure-mounted WCF 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 antennae.
(b)
Any material modification to WCF shall require a prior amendment
to the original permit or authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF to
ensure compliance with the provisions of this chapter and any other
provisions found within the local, 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.
E.
Additional requirements applicable to structure-mounted wireless
communications facilities located in the rights-of-way.
(1)
Co-location. Structure-mounted WCF in the ROW shall be co-located
on existing poles, such as existing utility poles or light poles.
(2)
Design requirements.
(a)
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.
(b)
Antennae 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.
(3)
Compensation for ROW use. In addition to permit fees as described
above, every structure-mounted 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 structure-mounted 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
structure-mounted WCF shall be determined by the Township and shall
be based on the Township's actual ROW management costs as applied
to such structure-mounted WCF.
(4)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all structure-mounted WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(5)
Restoration. If appropriate, the applicant shall provide an estimate
of the cost of restoration to the ROW by disturbances caused by its
installation of any structure-mounted WCF. If necessary, after completion
of any maintenance, placement, installation, or removal of any structure-mounted
WCF in the ROW, the owner of such facility shall, at its own expense,
restore the ROW to its original condition within 20 days or such longer
period as may reasonably be required and approved by the Township.
Additionally:
(a)
For one year following the completion of any such necessary
work, the owner of such structure-mounted WCF shall guarantee its
work and correct, at its own expense, any restoration work that does
not satisfy the construction standards under the Township's codes;
and
(b)
The owner of the structure-mounted WCF shall exercise due care
in any such restoration of the ROW and shall take all reasonable steps
to safeguard work site areas.
(6)
Equipment location. Structure-mounted WCF 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:
(a)
Ground-mounted equipment, walls, or landscaping shall not be
located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Township
Engineer, that ground-mounted equipment cannot be undergrounded, 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.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
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.
(e)
Any underground vaults related to structure-mounted WCF shall
be reviewed and approved by the Township.
(7)
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 structure-mounted 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:
(a)
The construction, repair, maintenance or installation of any
Township improvement or other public improvements necessary within
the right-of-way.
(b)
The operations of the Township or other governmental entity
is required or being interfered with, in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(8)
An emergency as determined by the Township.
A.
Penalties. Any person violating any provision of this chapter shall
be subject, upon finding by a magisterial district judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this chapter and any other remedy at law or in equity, the Township
may apply to a Federal District Court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this chapter.
B.
Determination of violation. In the event a determination is made
that a person has violated any provision of this chapter, such person
shall be provided written notice of the determination and the reasons
therefore. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the Township
may, in its reasonable judgment, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the Township may take any and all actions authorized by this chapter
and/or federal and/or Pennsylvania law and regulations.
C.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this chapter, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
local, state and federal laws and regulations.
