Township of West Bradford, PA Article XV Wireless Communications Facilities

[Added 8-11-2015 by Ord. No. 2015-01]

§ 450-83 Purpose; intent, applicability, and compliance with federal and state law.

[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.

§ 450-84 General requirements for non-tower wireless communications facilities.

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

§ 450-85 Specific requirements for non-tower WCF outside rights-of-way.

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.

§ 450-86 Specific requirements for non-tower WCF in rights-of-way.

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.

§ 450-87 General requirements for all tower-based wireless communications facilities.

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.

§ 450-88 Specific requirements for tower-based WCFs outside rights-of-way.

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

(1) Development regulations.

(a) Tower-based WCFs over 40 feet in height shall only be permitted by conditional use in the following zoning districts:

[1] C-1 Commercial District;

[2] C-2 Commercial District;

[3] C-2A Commercial District;

[4] I Industrial District; and

[5] IM Industrial/Mixed Use District.

(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.

§ 450-89 Specific requirements for tower-based WCF facilities in rights-of-way.

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.