[Added 8-11-2015 by Ord.
No. 2015-01]
[Amended 10-13-2020 by Ord. No. 2020-06]
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 Bradford 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 these provisions, the Township intends to:
(1)
Provide for the managed development of wireless communications facilities
in a manner that enhances the benefits of wireless communications
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 wireless
communications facilities in the Township, including facilities both
inside and outside the 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.
C.
Small wireless facilities. Wireless communications facilities that
qualify as small wireless facilities, as has been defined by the Federal
Communications Commission, are governed by a separate ordinance, and
related design criteria, as adopted by the Township to address and
regulate such small wireless facilities. Wireless communications facilities
that fall under the definition of small wireless facilities are governed
and controlled by such small wireless facilities ordinance and approved
design criteria and are not subject to the provisions of this article.
D.
Approval periods. Applications for installation of any and all wireless
communications facilities shall be processed in a timely manner and
in compliance with the required time frames for municipal review and
action as established by state and federal law and regulations.
E.
Consistency with state and federal laws and regulations. The provisions
contained herein regulating wireless communications facilities are
intended to comply with federal and state laws and regulations in
effect as of the date of adoption of this article, as amended. To
the extent that any of the provisions in this section conflict with
any federal or state statute or regulations, the federal or state
statutes or regulations shall control unless the applicable federal
or state statutes or regulations allow for more stringent provisions
in local ordinances. In which case, the more stringent provisions
of local ordinances shall remain in effect and shall control in such
instances.
A.
The following regulations shall apply to all non-tower wireless communications
facilities located within the Township, including those inside the
rights-of-way:
(1)
Permitted in all zoning districts subject to regulations. Non-tower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Township.
(2)
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.
(3)
Historic resources. Non-tower WCFs shall not be located on a property,
building or structure that is listed on the National or Pennsylvania
Register of Historic Places, is eligible to be so listed, is listed
on the official historic structures and/or historic districts list
maintained by the Township, or is listed on the West Bradford Township
Historic Resource Atlas. The Village of Marshallton situated within
West Bradford Township is identified and listed as a National Register
Historic District, and as such, non-tower WCFs shall not be permitted
to be installed or co-located anywhere within the boundaries of said
historic district unless such co-location is shown by the applicant
to be entitled to such installation by federal rules and regulations.
(4)
Standard of care. Non-tower WCFs 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 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.
(5)
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/TIA-222-E, as amended).
(6)
Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(7)
Public safety communications. Non-tower WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties.
(8)
Radio frequency emissions. A non-tower 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.
(9)
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 or against the owner of the property
upon which the WCF is located.
(10)
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 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. This timing
of approval shall not apply to any non-tower WCF eligible for a sixty-day
review period or required to proceed through conditional use approval
in which case the conditional use standards and procedures shall apply.
(11)
Insurance. Each person that owns or operates a non-tower 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 non-tower WCF.
(12)
Indemnification. Each person that owns or operates a non-tower
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 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.
(13)
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.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(14)
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.
B.
The following regulations shall apply to all non-tower wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached:
(1)
Permit required. WCF applicants proposing the modification of an
existing tower-based WCF shall obtain a zoning permit from the Township
zoning office. In order to be considered for such permit, the applicant
must submit a permit application to the Township zoning office.
(2)
Non-tower WCFs that do not substantially change the physical dimension
of the wireless support structure may be eligible for a sixty-day
time frame for review. The applicant shall assert such eligibility
in writing to the Borough and provide documentation reasonably related
to determining whether the application is eligible for the shortened
review time frame, and if warranted, such application shall be reviewed
within the sixty-day time frame.
(3)
Related equipment. Ground-mounted related equipment greater than
three cubic feet shall not be located within 25 feet of a lot in residential
use or zoned residential.
(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 non-tower WCF or
$1,000, whichever is less.
C.
The following additional regulations shall apply to all non-tower
wireless communications facilities that do substantially change the
wireless support structure to which they are attached:
(1)
Conditional use authorization. Any WCF applicant proposing the construction
of a new non-tower WCF, not proposed to be attached to existing public
utility transmission towers and/or utility poles, shall submit a conditional
use application to the Township Board of Supervisors and shall subject
to those timing and notice requirements as set forth in this article
and the related applicable review and approval provisions set forth
therein. New construction and modifications that do not fall within
the provisions and protections of the WBCA shall be prohibited without
conditional use authorization.
(2)
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.
(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, as
well as related inspection, monitoring and related costs.
A.
The following additional regulations shall apply to non-tower WCF
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, subject
to the following conditions:
(a)
The total height of any wireless support structure and mounted
WCF shall not exceed the height limitations permitted in the underlying
zoning district by more than 20 feet.
(b)
In accordance with industry standards, non-tower WCF applicants
must submit documentation to the Township justifying the total height
of the non-tower WCF. 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 area and
bulk requirements for the applicable zoning district.
(d)
A security fence of not less than eight feet shall surround
any separate communications equipment building, and associated landscaping
shall be required subject to the Township's discretion. 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 wireless support structure in order to minimize aesthetic
impact. The stealth technology to be utilized shall be subject to
the approval of the Township.
(b)
Non-commercial 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. 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 dimensions of the WCF or the numbers
of antennas.
(4)
Inspection. The Township reserves the right to inspect any non-tower
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.
A.
The following additional regulations shall apply to all non-tower
wireless communications facilities located in the rights-of-way:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles. If the WCF applicant proposes
to install replacement poles or to locate its non-tower WCFs on existing
poles that do not already act as wireless support structures, then
the WCF applicant shall be required to seek conditional use approval
under this article.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the ROW
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)
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.
(3)
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.
(4)
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:
(a)
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.
(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 be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the wireless support structure 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 proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township.
(5)
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:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
A.
The following regulations shall apply to all tower-based wireless
communications facilities in the Township:
(1)
Standard of care. Tower-based WCFs 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.
(2)
Notice. Upon submission of a conditional use application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Township.
(3)
Conditional use authorization required. Tower-based WCFs are permitted
in certain zoning districts by conditional use subject to this article,
and only at a height necessary to satisfy their function in the WCF
applicant's wireless communications system. No WCF applicant shall
have the right under these regulations to erect a tower to the maximum
height specified in this article unless it proves the necessity for
such height. The WCF applicant shall demonstrate that the antenna/tower/pole
for the tower-based WCF is the minimum height necessary for the service
area.
(a)
Prior to the Board of Supervisor's approval of a conditional
use authorizing the construction and installation of a tower-based
WCF, it shall be incumbent upon the WCF 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 antennas and/or non-tower WCFs.
(b)
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, as well as a description of the type and
manufacturer of the proposed transmission/radio equipment.
(c)
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.
(d)
As a condition of approval, the WCF applicant shall provide
the Township with a written commitment that it will allow other service
providers to co-locate antennas 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.
(e)
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
WCF and that vehicular access will be provided to the facility.
(4)
Engineer inspection, seal and signature. 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.
All plans and drawings for a tower-based WCF shall contain a seal
and signature of a professional structural engineer, licensed in the
Commonwealth of Pennsylvania.
(5)
Visual appearance. 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.
(a)
The Board of Supervisors may require that wireless communications
equipment buildings which house electrical transmitter equipment be
placed underground, unless determined to be detrimental to the functioning
and physical integrity of such equipment.
(b)
In making these determinations, 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 aesthetic
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.
(6)
Co-location and siting. An application for a tower-based WCF shall
not be approved unless shown by the WCF applicant that the antenna
and related equipment planned for the proposed tower-based WCF cannot
be accommodated on an existing or approved structure or building.
The WCF applicant shall demonstrate that it contacted the owners of
tall structures, buildings, and towers within a one-quarter-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:
(a)
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.
(b)
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.
(c)
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.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(7)
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 zoning permit from the Township Zoning
Office.
(8)
Wind. Tower-based WCFs shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA/TIA-222-E, as amended).
(9)
Height. Tower-based WCFs shall be designed at the minimum functional
height. The maximum total height of any tower-based WCF shall not
exceed 100 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 WCF applicant prove that another
provider of wireless communications services has agreed to co-locate
antennas on the WCF applicant's tower-based WCF and requires a greater
tower height to provide satisfactory service for wireless communications
than is required by the WCF applicant, the total height of such tower-based
WCF may exceed 100 feet if a waiver is granted from the Board; however,
in no event shall the tower-based WCF exceed 150 feet.
(10)
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.
(11)
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.
(12)
Maintenance. The following maintenance requirements shall apply:
(a)
Any 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 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.
(13)
Radio frequency emissions. A tower-based 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.
(14)
Historic buildings or districts and conservancy lands. Tower-based
WCFs, regardless of their height, shall not be located on a property,
or on a building or structure that is shown to be within areas designated
as viewsheds or historic areas as depicted on the West Bradford Township
Viewshed and Historic Areas Map, attached hereto as Exhibit A;[1] listed on either the National or Pennsylvania Registers
of Historic Places, or eligible to be so listed; and/or included in
the West Bradford Township Historic Resource Atlas, dated November
10, 2010. WCF applicants may also be further limited in the location
of their tower-based WCF due to restrictions in place by certain conservation
easements in place throughout the Township which are not within the
control of the Township. WCF applicants may be required to investigate
and show compliance with any such applicable restrictions.
[1]
Editor's Note: The Viewshed and Historical Resources Map is included as an attachment to this chapter.
(15)
Signs. 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 those required by the FCC or any other federal or
state agency.
(16)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(17)
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.
(18)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(19)
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.
(20)
Timing of approval. Within 30 calendar days of the date that
a conditional use application for a tower-based WCF is filed with
the Township, the Township shall notify the WCF 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, and the Township
shall advise the WCF 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.
(21)
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 comply with the terms
and conditions of this article which are necessary to protect public
health and safety. Co-location on existing nonconforming tower-based
WCFs is permitted.
(22)
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:
(a)
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.
(b)
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 or against the owner of the
property upon which the WCF is located.
(c)
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.
(23)
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.
(24)
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.
(25)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including
but not limited to visual impact, design, and safety standards.
(26)
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.
(27)
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.
(28)
Financial security. Prior to issuance of any building permits
for the construction or placement of a tower-based WCF, the applicant
shall provide to the Township financial security deemed by the Township
to be sufficient to guarantee the removal of the tower-based WCF.
Said financial security shall remain in place until the tower-based
WCF is removed.
A.
The following additional regulations shall apply to tower-based wireless
communications facilities located outside the rights-of-way:
(1)
Development regulations.
(b)
Such tower-based WCFs shall not be located in, or within 50
feet of, any underground utility (with the exception of water and
sewer lines).
(c)
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot is at least one
acre. 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.
(2)
Design regulations.
(a)
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment. The stealth technology to be utilized shall be subject
to the approval of the Township.
(b)
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require, at a minimum, zoning permit
approval by the Township.
(c)
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.
(d)
Any tower-based WCF over 40 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(3)
Surrounding environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
A security fence constructed of wood or woodlike composite material,
having a minimum height of 10 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. The fence shall not be topped
with barbed wire.
(c)
Landscaping. Landscaping shall be required to screen as much
of a newly constructed tower-based WCF and related equipment 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.
(4)
Access road. An access road of at least 20 feet in width, turnaround
space and parking shall be provided to ensure adequate emergency and
service access to a tower-based WCF. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable.
Road construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow natural
contours to assure minimal visual disturbance and minimize soil erosion.
Where applicable, the WCF applicant shall present documentation to
the Township that the property owner has granted an easement for the
proposed facility.
(5)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(6)
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 tower-based WCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
A.
The following regulations shall apply to tower-based wireless communications
facilities located in the rights-of-way:
(1)
Development regulations.
(a)
Only tower-based WCFs 40 feet or shorter in height shall be
permitted by conditional use along the following corridors and roadways,
regardless of the underlying zoning district, as follows:
[1]
West Chester Road;
[2]
Marshallton Thorndale Road;
[3]
Route 322;
[4]
Shadyside Road (between Marshallton Thorndale Road and Route
322);
[5]
Poorhouse Road (between the Township boundary line and the intersection
of Poorhouse Road and Broad Run Road, just prior to the entrance to
Broad Run Park);
[6]
Broad Run Road (between Poorhouse Road and West Chester Road);
[7]
W. Strasburg Road (between Lieds Road and Persimmon Drive);
and
[8]
Stouff Road.
(b)
Such tower-based WCFs shall not be located in any right-of-way
which directly abuts the front yard setback of a residential dwelling.
However, replacement poles of the same size and dimension shall be
permitted in such locations. Tower-based WCF shall also not be located
within 50 feet of any underground utility (with the exception of water
and sewer lines).
(2)
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.
(3)
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:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
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 WCFs shall be
reviewed and approved by the Township.
(4)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment.
The stealth technology utilized shall be subject to the approval of
the Township.
(b)
Tower-based WCFs in the ROW shall not exceed 40 feet in height.
(c)
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.
(d)
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.
(5)
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:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(6)
Reimbursement for ROW use. In addition to 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.
