[Added 11-12-2015 by Ord.
No. 2015-840]
A.
The purposes of this article include a desire to establish reliable,
uniform standards for the construction, siting, design, permitting,
maintenance, and use of wireless communication facilities in recognition
of the federal Telecommunications Act of 1996, P.L. No. 104-104, 110
Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation
Act of 2012 (Spectrum Act), P.L. No. 112-96, 126 Stat. 156 (2012),
and FCC regulations promulgated thereunder by the Federal Communications
Commission (FCC), including the FCC's Report and Order of October
21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless
Broadband Co-location Act (Act 191), 53 P.S. § 11702.1 et
seq. in Upper Merion Township. Moreover, the Township desires to plan
and accommodate for the managed deployment of infrastructure that
is necessary to accommodate the wireless communications needs of the
Township's residents, businesses and emergency service providers.
While the Township recognizes the benefit of wireless communication
facilities in providing high-quality communications service and enhancement
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)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(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 nontower-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 communications facilities;
(5)
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;
(6)
Promote the health, safety and welfare of the Township's residents
and businesses with respect to wireless communication facilities;
(7)
Protect the Township's residents and businesses from the potential
adverse impacts of wireless communications facilities and to preserve,
to the extent permitted under law, the visual character of established
communities and the natural beauty of the landscape; and
(8)
Ensure compliance with federal and state regulation.
A.
Tower-based WCFs not located within a right-of way are prohibited
in the following districts: R1-A, R1, R2-A, R2, R3, R3-A, R3-B, R55-A,
and R55-B.
C.
Tower-based WCFs not located within a right-of-way are permitted
by right on all land owned by the Township or a Township authority,
regardless of zoning district.
|
Tower-Based
| |||
|---|---|---|---|
|
WCF out of ROW
|
WCF in ROW
| ||
|
Height
|
If permitted in the zoning district, tower-based WCFs shall
be designed to minimum functional height. Applicants must submit documentation
justifying the total height.
|
If permitted in the zoning district, tower-based WCFs shall
be designed to minimum functional height, not to exceed 40 feet on
a new tower or 45 feet on an existing tower, in the R1-A, R-1, R2-A,
R-2, R-3, R3-A, R3-B, R55-A, and R55-B Districts, and 60 feet in AG,
R-A, G, HR, U-R, AR, AR-1, CO, NC, LC, GC, SC, SM, SM-1, LI, HI, and
KPMU Districts. Applicants must submit documentation justifying the
total height.
| |
|
Lot Size
|
Only use on lot
|
Subject to underlying zoning district
|
Not applicable
|
|
Combined with another use on lot
|
Area needed to accommodate the WCF and guy wires (if approved),
equipment building or cabinets, security fence, and buffer planting
|
Not applicable
| |
|
Setbacks
|
Towers
|
Setback from property lines at least 50% of the combined height
of the wireless support structure and antenna or the applicable minimum
building setback in the underlying zoning district, whichever is greater
|
Not applicable
|
|
Equipment buildings/cabinets
|
Subject to applicable minimum building setback in the underlying
zoning district
|
Not applicable
| |
|
Nontower-Based
| |||
|---|---|---|---|
|
WCF out of ROW
|
WCF in ROW
| ||
|
Height
|
On building or similar structure
|
WCF shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use under § 165-300.
|
Not applicable
|
|
On electrical transmission towers, streetlights, utility poles,
traffic signals, signs and similar structures
|
Not applicable
|
WCF located above the surface grade shall consist of equipment
components designed at the minimum functional height.
| |
|
Setbacks
|
Mounted antenna
|
Not applicable
|
Not applicable
|
|
Equipment buildings/cabinets
|
WCF equipment buildings/cabinets shall comply with the applicable
minimum building setback requirements in the underlying zoning district
|
Not applicable
| |
|
Lot Size
|
Subject to applicable minimum lot size in the underlying zoning
district
|
Not applicable
| |
A.
All WCFs shall be designed, constructed, inspected, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable federal and state technical and safety codes.
B.
Subdivision plan approval shall not be required when a WCF is located
on a leased parcel that is less than the entire lot.
C.
All WCFs shall be operated in accordance with all applicable FCC
rules regarding interference with public safety communications or
the reception of broadband, television, radio or other communication
services.
D.
Co-location. Tower-based WCFs outside of the right-of-way shall be
designed to accommodate both the WCF applicant's antennas and comparable
antennas for future users. As a condition of approval for all tower-based
WCFs, the WCF applicant shall agree to allow other service providers
to co-locate antennas on tower-based WCFs where technically and economically
feasible.
E.
Signage. Tower-based WCFs not located within the right-of-way shall
include a posted sign at the location. Such signage shall include
the ownership, contact name and phone number in the event of an emergency
and Federal Communication Commission (FCC) registration number (if
applicable). Such signage shall not include commercial advertising
and is subject to approval by the Township and is limited to a maximum
size of two square feet. Tower-based WCFs located within the right-of-way
shall have the same sign or label affixed to either the tower or the
WCF, limited to the maximum size necessary to legibly provide the
required information. Such signage shall not protrude from the tower
or the WCF and is subject to approval by the Township.
F.
Lighting. A tower shall not be artificially lighted beyond what is
required by law. If lighting is required, the WCF applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
G.
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards established by the Township,
except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis. The
use of generators for WCFs within the rights-of-way is prohibited.
H.
Access.
(1)
An access drive and one off-street parking space shall be provided
to ensure adequate emergency and service access to tower-based WCFs
outside of the right-of-way.
(2)
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(3)
Where possible, access drive construction shall at all times
minimize ground disturbance and the cutting of vegetation.
(4)
Access drive grades shall closely follow natural contours to
assure minimal visual disturbance and minimize soil erosion.
(5)
Where applicable, the WCF owner shall present documentation
to Township that the property owner has granted an easement for the
proposed facility and maintenance responsibilities.
(6)
The access easement shall be a minimum of 20 feet in width,
and the access drive shall be improved with a dust-free, all-weather
surface to a width of at least 10 feet throughout its entire length.
(7)
Vehicular access to the WCF shall not interfere with the parking
or vehicular circulations for a principal use, if located on the lot.
However, where appropriate and available, existing parking for the
principal use may be utilized.
I.
Fencing. A security fence with a minimum height of eight feet shall surround any tower-based WCF located outside a right-of-way, including guy wires, associated equipment, and buildings. The use of barbed wire may be permitted if approved by the Board. The requirement for a security fence may be waived by the Board where, in the opinion of the Board, the fence would not be appropriate or feasible. All fencing must be in accordance with the provisions of § 165-208B of the Township Code.
J.
Mounting. Any applicant proposing a nontower WCF to be mounted on
a building or any other structure shall submit detailed construction
and elevation drawings indicating how the nontower WCF will be mounted
on the structure for review by the Township building codes office
and/or the Township Engineer for compliance with the building code.
K.
Safety in rights-of-way.
(1)
Schedule of operations. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all WCFs in the right-of-way based on public safety, traffic management,
physical burden on the right-of-way 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.
(2)
Emergency. Within 60 days following written notice from the
Township, or such longer period as the municipality determines is
reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the right-of-way 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 any one of the following circumstances:
(a)
The construction, repair, maintenance or installation of any
municipal 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.
(d)
An emergency as determined by the Township.
(e)
No permit is required for such removal, relocation, change or
alteration ordered by the Township.
L.
Visual obstruction. All 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 right-of-way
as determined by the Township. When feasible, all equipment shall
be pole mounted prior to ground mounting the equipment. For WCFs located
within the right-of way, no ground-mounted equipment may extend or
protrude past the associated tower to the edge of the curb or cartway.
M.
Maintenance. The WCF applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs and equipment
needs, and the traffic, safety and noise impacts of such maintenance.
N.
Soil report. A current soil report complying with the standards of
geotechnical investigations of the Electronics Industry Association
and Telecommunications Industry Association shall be submitted to
the Township Engineer prior to construction to document and verify
the design specifications of the foundation for the wireless support
structure and anchors for the guy wires, if used.
O.
Interference. All 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. In the event that
the WCF causes interference with the radio or television reception
within the Township, the WCF applicant, at the applicant's sole expense,
shall thereafter ensure that any interference problems are promptly
corrected.
P.
Aviation safety. All WCFs shall comply with federal and state laws
and regulations concerning aviation safety.
Q.
Inspections.
(1)
A copy of any inspection report shall be provided to the Township
following the inspection. Any repairs advised by report shall be completed
by the WCF owner within 60 calendar days after the report is filed
with the Township.
(2)
In accordance with and subject to existing law, the Township
reserves the right to inspect any WCF to ensure compliance with the
provisions of the chapter and any other provisions found within the
Township code, 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.
R.
Historic buildings or districts. A WCF shall not be located upon
a property and/or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places.
A.
Stealth technology. The WCF shall employ the most current stealth
technology available, where appropriate, in an effort to appropriately
blend the proposed WCF into the surrounding environment and minimize
aesthetic impact. All utility buildings and accessory structures shall
be designed to blend into the environment in which they are situated.
All proposed tower-based WCFs must provide documentation detailing
the proposed stealth technology.
B.
Landscaping design. Tower-based WCFs located outside the right-of-way
shall submit a landscape design describing the following:
(1)
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.
(2)
An evergreen screen shall be created by planting trees (a minimum
of six feet tall at planting that will grow to a minimum of 15 feet
tall at maturity) on ten-foot centers maximum around the perimeter
of the security fence.
(3)
Ground-mounted equipment associated with or connected to a tower-based
WCF shall be screened from public view using landscaping and/or screening,
as described above.
(4)
In lieu of an evergreen screen, the Board may instead approve
the use of an artificial screen, topography, walls, decorative fences
or other features. Furthermore, the requirement for evergreen screening
may be waived by the Board where in the opinion of the Board the evergreen
screening would not be appropriate or feasible. The Board may elect
to receive comment and feedback from the Upper Merion Township Planning
Commission to assist with the Board's decision.
(5)
Any graffiti on the tower or on any related equipment shall
be immediately removed at the sole expense of the WCF owner.
A.
Notwithstanding the requirements for tower-based WCF and nontower-based
WCFs, as set forth in this article, an application for replacement,
co-location or modification of a previously approved wireless support
structure or wireless communications facility shall be reviewed for
conformance with the Township building permit requirements, including
requirements applicable to the added structural loading of the proposed
antennas and accessory equipment. These previously approved facilities
shall not be subject to the issuance of new zoning or land use approvals,
provided that there is no substantial change.
B.
Replacement of WCFs on existing wireless support structures or within
existing equipment compounds may be performed by the applicant without
obtaining building or zoning permits from the Township.
C.
To the extent permissible under applicable state and federal law,
any WCF applicant proposing the modification of an existing tower-based
WCF, resulting in any increase in the overall height of such WCF,
monopole, power or other wireless support structure, shall first obtain
all necessary permits and approvals from the Township. Nonroutine
modifications shall be prohibited without prior approval from the
Township.
A.
A permit from the Township shall be required for the construction,
erection, maintenance or installation of all WCFs and wireless support
structures. Within 60 calendar days of the date that a fully completed
application for a WCF is received by the Township, the Township shall
review the application and advise the applicant if a permit will be
issued.
B.
In addition to all other permit requirements under this chapter,
a permit application for a WCF shall not be approved or considered
complete unless the Township finds that the applicant has complied
with all of the following conditions, as applicable:
(1)
Co-location. An application for a new tower-based WCF outside
of the right-of-way shall not be approved unless the Township finds
that the wireless communications equipment planned for the proposed
tower-based WCF cannot be collocated on an existing or approved structure
or building within a one-half-mile radius of the proposed tower-based
WCF location to achieve the coverage or capacity objectives of the
applicant.
(2)
Gap in coverage, lack of adequate capacity, and lack of alternatives.
An applicant for a tower-based WCF must demonstrate that a significant
gap in wireless coverage exists or lack of adequate capacity is likely
to exist within six months of the filing of its application with respect
to the WCF applicant in the area. It shall be incumbent upon the applicant
to prove to the reasonable satisfaction of the Board that the applicant
cannot adequately extend or infill its communications system by the
use of equipment such as redoes, repeaters, antenna(s) and other similar
equipment installed on existing structures, such as utility poles
or their appurtenances and other available tall structures. The applicant
shall further demonstrate that the proposed tower-based WCF must be
located where it is proposed in order to serve the applicant's service
area and that no other viable alternative location exists.
(3)
Authorization. An applicant for all WCFs shall submit a copy
of the lease or other form of written authorization with the property
owner confirming that the applicant has standing to file the application
and maintain the proposed facility on the subject property.
(4)
Licensing and applicable regulations. When applicable, an applicant
must demonstrate that it is licensed by the Federal Communications
Commission (FCC) and submit with its application copies of all FCC
permits and licenses, including the name, address, and emergency telephone
number for the operator of the facility.
(5)
Emissions. The applicant shall demonstrate that the proposed
WCF, by itself or in conjunction with other WCFs, complies with all
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic emissions.
(6)
Insurance. The applicant shall provide a certificate of insurance
issued to the owner/operators of the WCF, evidencing that there is
or will be adequate current liability insurance in effect.
(7)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Township a
written certification of the proposed WCF's ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunication Industry Association and certify the proper
construction of the foundation and the erection of the structure.
This certification shall be provided during the conditional use hearing
or, at a minimum, be made as a condition attached to any approval
given such that the certification be provided prior to issuance of
any building permits.
(8)
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.
C.
Conditional use authorization. Prior to the Board's approval of a
conditional use authorizing the construction and installation of a
tower-based WCF, the applicant must provide the following, along with
a conditional use application:
(1)
A propagation study evidencing the need for the proposed tower
or other communication facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
(2)
Documentation demonstrating that the proposed tower-based WCF
complies with all state and federal laws and regulations concerning
aviation safety and designed to withstand the effects of wind according
to the standard designed by the American National Standards Institute.
(3)
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board that the owner of the property has granted an easement for the
proposed WTF and that vehicular access will be provided to the facility,
as set forth in this chapter.
(4)
Documentation and other evidence demonstrating that the proposed
tower-based WCF complies with all applicable provisions in this chapter,
including but not limited to height requirements, design, construction
and operation requirements, safety requirements, and aesthetic, landscaping,
and screening requirements.
D.
Conditional use approval for tower-based WCFs in right-of-way. In addition to the requirements in § 165-296. Tower-based WCFs located within a right-of-way in the R-1A, R-1, R-2A, R-2, R-3, R-3A, R-3B, R-55A, and R-55B Districts are permitted by conditional use unless the primary components of utilities, including but not limited to the main utility lines, are located underground within 100 feet of the proposed tower or base station. Documentation evidencing the location of surrounding utilities shall be provided by the applicant with the conditional use application.
E.
Permit and conditional use fees. The Township may assess appropriate
and reasonable permit and conditional use fees directly related to
the actual costs of experts and staff for reviewing and processing
the application for approval of a WCF, as well as related inspection,
monitoring, and related costs. The amount of this fee may not be in
excess of the actual reasonable costs of such actions.
F.
Reimbursement for right-of-way use. In addition to permit fees as
described in this section, every tower-based WCF in a right-of-way
is subject to the Township's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for the right-of-way use shall be directly related to the Township's
actual right-of-way management costs, including, but not limited to,
the costs of the administration and performance of all reviewing,
inspecting, permitting, supervising and other right-of-way 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.
G.
Guy wires approval. Guy wires may only be used for WCFs upon conditional
use approval for the use of guy wires. Documentation evidencing the
need for the guy wires and a description of the guy wire installation
must be provided by the applicant with the conditional use application.
H.
Township Planning Commission review. The Board may elect to receive
comment, recommendations, and feedback from the Upper Merion Township
Planning Commission to assist with the Board's conditional use decisions.
I.
Township standards for conditional use approval. In addition to demonstrating compliance with all requirements of this article, an applicant seeking conditional use approval must also fulfill all requirements and standards for conditional use approval set forth under Township Code § 165-219.1, Conditional use procedure.
A.
Nonconforming WCFs. Any nonconforming 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 chapter.
B.
Discontinuation. In the event that use of a WCF is planned to be
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned 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.
(2)
If the WCF and/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 municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the legal or equitable owner of the WCF.
(3)
Any unused portions of WCFs, including antennas, shall be removed
within three months of the time of cessation of operations. The Township
must approve all replacements of portions of a tower-based WCF previously
removed.
C.
Bonding. The facility owner or operator shall post and maintain funds
for removal of all structures associated with the WCF in an amount
equal to the identified removal costs, as adjusted over time. The
removal funds shall be posted and maintained with a bonding company
or federal or commonwealth chartered lending institution chosen by
the facility owner or operator and participating landowner posting
the financial security, provided that the bonding company or lending
institution is authorized to conduct business within the commonwealth
and is approved by the Township. An independent and certified professional
engineer shall be retained by the applicant to estimate the cost of
removal without regard to salvage value of the equipment. Said estimates
shall be submitted to the Township after the first year of operation
and every five years thereafter.
