[Added 2-25-2014 by Ord.
No. 550]
A.
The purpose of this article is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in East Norriton Township. While the Township recognizes
the importance of wireless communications facilities in providing
high-quality communications service to its residents and businesses,
the Township also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
B.
By enacting this article, the Township intends to:
(1)
Promote the health, safety and welfare of Township residents
and businesses with respect to wireless communications facilities;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable wi-fi
and other wireless communications facilities.
(5)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(6)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape; and
(7)
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
Unless otherwise expressly stated, the following terms shall
have the meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or utility pole or light pole.
The Commonwealth of Pennsylvania.
The County of Montgomery, Commonwealth of Pennsylvania.
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:
The Federal Communications Commission.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment, and those involving
replacement of existing Township or third-party utility structures,
provided that the original function of the utility structure continues
to be served following replacement. Non-tower WCFs shall not include
support structures for antennas and related equipment.
[Amended 6-29-2021 by Ord. No. 589]
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that "person" does not include or apply
to the Township or to any department or agency of the Township.
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.
A wireless communications facility that meets each of the
following conditions:
[Added 6-29-2021 by Ord. No. 589]
Each antenna (excluding associated antenna equipment) is cumulatively
no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) is cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
under 47 CFR Part 17; and
The facility is not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, flagpoles 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.
Any structure that is initially constructed for the primary
purpose of supporting one or more antennas, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles, and
utility poles and light poles. DAS hub facilities are considered to
be tower-based WCFs.
[Amended 6-29-2021 by Ord. No. 589]
East Norriton Township, Montgomery, County, Pennsylvania.
An existing or replacement pole or similar structure that
is used in whole or in part to carry or to provide lateral support
to electric distribution lines or cables or wires for telecommunications,
cable or electric service, or for lighting or support for traffic
control devices. Such term shall not include structures supporting
only wireless facilities.
[Added 6-29-2021 by Ord. No. 589]
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Township-owned land or property.
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.
A.
The following regulations shall apply to all tower-based wireless
communications facilities:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current, applicable technical, safety and safety-related
codes, including, but not limited to, the most-recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, National Electrical Code, as well as the accepted and
responsible workmanlike industry practices of the National Association
of Tower Erectors. Any tower-based WCF shall at all times be kept
and maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Township.
(2)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI EIA/TIA-222-G, as amended).
(3)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed a maximum total height of 150
feet, which height shall include all subsequent additions or alterations.
All tower-based WCF applicants must submit documentation to the Township
justifying the total height of the structure.
(4)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
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.
(6)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Field," as amended.
(7)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or that has been designated by the Township as being of historic significance.
(8)
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
(9)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law and as may be approved by the Township.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(10)
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color to harmonize with the
surroundings.
(11)
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.
(12)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(13)
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.
(14)
Review of applications.
[Amended 6-29-2021 by Ord. No. 589]
(a)
General. Except as provided in Subsection A(14)(b), within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
(b)
Small wireless facility. Where a tower-based WCF is designed as a small wireless facility, within 10 calendar days of receiving the application, the Township will determine and notify the applicant whether the application is complete. If the application is incomplete, the Township shall identify the missing documents or information and shall cite to the applicable rule or regulation in support. The times set forth in Subsection A(14)(c) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and identifies the missing documents or information, the applicable times set forth in Subsection A(14)(c) shall be tolled until the applicant provides the missing documents and information. The time shall restart on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(c)
Timing. All applications shall be processed on a nondiscriminatory
basis, and the Township shall approve or deny an application within
90 days for applications to construct a small wireless facility using
a new structure. An applicant and the Township may enter into a written
agreement to toll the time periods set forth herein.
(15)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this article.
(16)
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.
(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.
(17)
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. For applications
involving tower-based WCFs designed as small cell facilities, the
applicant shall pay a fee of $1,000 for each new associated pole used
with the small wireless facility.
[Amended 6-29-2021 by Ord. No. 589]
A.
The following regulations shall apply to tower-based wireless communications
facilities located outside the rights-of-way:
(1)
Development regulations:
(a)
Prohibited in residential zones. No tower-based WCF shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based WCFs are permitted only in such districts as specified in Articles XI, XV, XVI, and XXVI of this chapter.
(b)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage or capacity exists with
respect to its network in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap. The existence or nonexistence of a gap shall be a factor in the
Township's decision on an application for approval of tower-based
WCFs.
[Amended 6-29-2021 by Ord. No. 589]
(c)
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.
(d)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
[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 and guy wires, the equipment building, security
fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use or a residential district boundary.
(e)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 50 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(f)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(2)
Design regulations:
(a)
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(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.
(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)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix G: Geotechnical Investigations,
ANSI EIA/TIA 222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(4)
Fence/screen:
(a)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
An evergreen screen that consists of a hedge or a row of evergreen
trees 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 planning consultant for all proposed screening.
(5)
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,
as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(6)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(7)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
(8)
Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF outside the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a financial security acceptable to the Township Solicitor, in an amount
of $100,000, to assure the faithful performance of the terms and conditions
of this article. The financial security shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this article, after
reasonable notice and opportunity to cure. The owner shall file the
financial security with the Township.
[Amended 10-27-2015 by Ord. No. 566]
(9)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(10)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this article and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
A.
The following regulations shall apply to tower-based wireless communications
facilities located in the rights-of-way:
(1)
Restrictions as to placement. Unless designed as a small wireless facility, tower-based WCFs are only permitted in such districts as specified in Articles XI, XV, XVI and XXVI of this chapter, provided they are not within 500 feet of a lot in a residential use or a residential district boundary. If designed as a small wireless facility, a tower-based WCF is permitted within a residential zone or within 500 feet of a lot in residential use or a residential district boundary if proposed on a utility pole and located within 100 feet of above-ground utility lines.
[Amended 6-29-2021 by Ord. No. 589]
(2)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage or capacity exists with
respect to its network in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap. The existence or nonexistence of a gap shall be a factor in the
Township's decision on an application for approval of tower-based
WCFs in the ROW.
[Amended 6-29-2021 by Ord. No. 589]
(3)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the property or parcel of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(4)
Co-location. An application for a new tower-based WCF in the
ROW shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(5)
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.
(6)
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.
(7)
Design regulations.
(a)
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township and shall not increase the overall
height of the tower-based WCF to more than 150 feet. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character of the Township.
(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.
(8)
Visual or land use impact. The Township reserves the right to
deny the construction or placement of any tower-based WCF in the ROW
based upon visual and/or land use impact.
(9)
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, the WCF applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
(10)
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.
(11)
Compensation for ROW use. In addition to permit fees as described in § 205-192 of 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. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF. In default of an actual cost study completed by the Township, the presumptively reasonable fees shall be as established by law.
[Amended 6-29-2021 by Ord. No. 589]
(12)
Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF in the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
financial security acceptable to the Township Solicitor, in an amount
of $100,000, to assure the faithful performance of the terms and conditions
of this article. The financial security shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this article, after
reasonable notice and opportunity to cure. The owner shall file a
copy of the financial security with the Township.
[Amended 10-27-2015 by Ord. No. 566]
A.
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)
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Notice. Upon receipt of an application for any non-tower-based
WCF, the Township shall mail notice thereof to the owner or owners
of every property zoned residential on the same street within 500
linear feet of the parcel or property of the proposed facility and
of every property zoned residential not on the same street within
500 feet of the parcel or property of the proposed facility.
(3)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current, applicable technical, safety and safety-related
codes, including, but not limited to, the most-recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, and National Electrical Code. Any 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.
(4)
Wind. Any 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 EIN/TIA-222-G, as amended).
(5)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(6)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(7)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(8)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the data 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 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.
(9)
Review of applications.
[Amended 6-29-2021 by Ord. No. 589]
(a)
General. 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 90 day review period.
(b)
Small wireless facility. Where a non-tower-based WCF is designed as a small wireless facility, within 10 calendar days of receiving the application, the Township will determine and notify the applicant whether the application is complete. If the application is incomplete, the Township shall identify the missing documents or information and shall cite to the applicable rule or regulation in support. The times set forth in Subsection A(9)(c) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and identifies the missing documents or information, the applicable times set forth in Subsection A(9)(c) shall be tolled until the applicant provides the missing documents and information. The time shall restart on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(c)
Timing. All applications shall be processed on a nondiscriminatory
basis, and the Township shall approve or deny an application within
60 days for applications to co-locate a small wireless facility using
an existing structure. An applicant and the Township may enter into
a written agreement to toll the time periods set forth herein.
(10)
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. For applications involving non-tower WCFs
designed as small cell facilities, the applicant shall pay a fee of
$500 for a single up-front application that includes up to five small
wireless facilities, with an additional $100 for each small wireless
facility over five.
[Amended 6-29-2021 by Ord. No. 589]
B.
The following regulations shall apply to all non-tower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1)
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Notice. Upon receipt of an application for any non-tower-based
WCF, the Township shall mail notice thereof to the owner or owners
of every property zoned residential on the same street within 500
linear feet of the parcel or property of the proposed facility and
of every property zoned residential not on the same street within
500 feet of the parcel or property of the proposed facility.
(3)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current, applicable technical, safety and safety-related
codes, including, but not limited to, the most-recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, and National Electrical Code. Any 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.
(4)
Wind. Any 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 (ANSFEINTIA-222-E Code, as amended).
(5)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(6)
Historic buildings. Non-tower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places or the official historic structures and/or
historic districts lists maintained by the Township or has been designated
by the Township as being of historic significance.
(7)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(8)
Maintenance. 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.
(9)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(10)
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 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.
(11)
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.
(12)
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.
(13)
Financial security. Prior to the issuance of a permit, the owner
of each individual non-tower WCF shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
financial security acceptable to the Township Solicitor, in all amount
of $25,000, for each individual non-tower WCF, to assure the faithful
performance of the terms and conditions of this article. The financial
security shall provide that the Township may recover from the principal
and surety any and all compensatory damages incurred by the Township
for violations of this article, after reasonable notice and opportunity
to cure. The owner shall file a copy of the financial security with
the Township.[1]
[Amended 10-27-2015 by Ord. No. 566]
[1]
Editor's Note: Former Subsection B(14), Permit fees, which
immediately followed, was repealed 6-29-2021 by Ord. No. 589.
A.
The following additional regulations shall apply to non-tower wireless
communications facilities located outside the rights-of-way that substantially
change the wireless support structure to which they are attached:
(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)
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)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a conditional use permit.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(e)
Noncommercial usage exemption. The design regulations enumerated in this § 205-193A(2) 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, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the number of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(4)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(5)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this article and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
A.
The following additional regulations shall apply to all non-tower
wireless communications facilities located in the rights-of-way:
(1)
Authorization. Non-tower WCFs designed as a small wireless facility
in the ROW shall be permitted in all zoning districts by right when
co-located on utility poles.
[Amended 6-29-2021 by Ord. No. 589]
(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)
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)
Compensation for ROW use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW management
costs as applied to such non-tower WCF. In default of an actual cost
study completed by the Township, the presumptively reasonable fees
shall be as established by law.
[Amended 6-29-2021 by Ord. No. 589]
(4)
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.
(5)
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.
(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 non-tower WCFs 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 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.
(7)
Visual or land use impact. The Township retains the right to
deny an application for the construction or placement of a non-tower
WCF based upon visual and/or land use impact.
A.
Penalties. Any person violating any provision of this article 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 article 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 article.
B.
Determination of violation. In the event a determination is made
that a person has violated any provision of this article, such person
shall be provided written notice of the determination and the reasons
therefor. 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 article
and/or federal and/or Pennsylvania law and regulations.
