[Ord. 2015-696, 10/13/2015]
1.
By enacting these provisions, the Township intends to:
A.
Establish uniform standards for the siting, design, permitting, maintenance,
and use of wireless telecommunications facilities in West Norriton
Township.
B.
Promote the health, safety, and welfare of Township residents and
businesses with respect to wireless telecommunications facilities.
C.
Provide for the managed development of wireless telecommunications
facilities in a manner to provide adequate wireless telecommunications
services within the Township in accordance with federal and state
laws and regulations.
D.
Establish procedures for the design, siting, construction, installation,
maintenance, and removal of wireless telecommunications facilities
in the Township, including facilities both inside and outside the
public rights-of-way.
E.
Address new wireless technologies, including but not limited to,
distributed antenna systems, data collection units, cable Wi-Fi, and
other wireless telecommunications facilities.
F.
Encourage the co-location of wireless telecommunications facilities
on existing structures rather than the construction of new wireless
support structures.
G.
Protect Township residents from potential adverse impacts of wireless
telecommunications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape.
H.
Update the Township's wireless telecommunications facilities regulations
to incorporate changes in federal and state laws and regulations.
[Ord. 2015-696, 10/13/2015]
1.
Standard of Care. Any wireless telecommunications facility and any
associated wireless support structure 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, if applicable. Any wireless telecommunications
facility and any associated wireless support structure 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 wireless support structure shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute (ANSI).
3.
Public Safety Communications. No wireless telecommunications facility
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
4.
Radio Frequency Emissions. No wireless telecommunications facility
may, by itself or in conjunction with other wireless telecommunications
facilities, generate radio frequency emissions in excess of the standards
and regulations of the FCC.
5.
Aviation Safety. Wireless telecommunications facilities and any associated
wireless support structure shall comply with all federal and state
laws and regulations concerning aviation safety.
6.
Timing of Approval. Within 30 calendar days of the date that an application
for a wireless telecommunications facility is filed with the Township,
the Township shall notify the applicant in writing of any information
required to complete the application.
A.
All applications for a new wireless support structure shall be acted
upon within 150 calendar days of the receipt of a fully completed
application and the Township shall advise the applicant in writing
of its decision. If additional information was requested by the Township
to complete the application, the time required by the applicant to
provide the information shall not be counted toward the Township's
one-hundred-fifty-day review period.
B.
All applications for the modification, replacement, or co-location
of a wireless telecommunications facility shall be acted upon within
90 calendar days of receipt of a fully completed application and the
Township shall advise the applicant in writing of its decision. If
additional information was requested by the Township to complete the
application, the time required by the applicant to provide the information
shall not be counted toward the Township's ninety-day review period.
7.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a wireless telecommunications
facility and any associated wireless support structure, as well as
related inspection, monitoring and related costs. Such permit fees
shall be determined by the Township and authorized by resolution of
the Board of Commissioners, and shall be based on the Township's actual
costs as applied to such wireless telecommunications facility and
any associated wireless support structure.
8.
Maintenance. The following maintenance requirements shall apply:
A.
All wireless telecommunications facilities and any associated wireless
support structures 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 the best available technology
for preventing failures and accidents.
[Ord. 2015-696, 10/13/2015]
1.
Height.
A.
All new wireless support structures shall be designed at the minimum
functional height. All new wireless support structures, including
all antennas and equipment, shall not exceed a maximum total height
of 150 feet. All applicants must submit documentation to the Township
justifying the total height of the structure.
B.
Any height extensions to an existing wireless support structure shall
require prior approval of the Township, and shall not increase the
overall height of the wireless support structure by more than 30 feet
and shall not cause the existing structure to exceed the total maximum
height limit of 150 feet.
2.
Identification. All new wireless support structures 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.
3.
Painting and Lighting. All new wireless support structures shall
be painted with a rust-preventive paint of an appropriate color to
harmonize with the surroundings. Wireless support structures shall
not be artificially lighted, except as required by law.
4.
Noise. All new wireless support structures 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.
5.
Nonconforming Uses. Nonconforming wireless support structures that
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 ordinance.
6.
FCC License. Each person that owns or operates a wireless support
structure shall submit a copy of its current FCC license, including
the name, address, and emergency telephone number for the operator
of the facility.
7.
Co-location.
A.
An application for a new wireless support structure outside the ROW
shall not be approved unless the Township finds that the wireless
telecommunications equipment planned for the proposed wireless support
structure cannot be accommodated on an existing or approved structure
or building. Any application for approval of a new wireless support
structure outside the ROW shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed structure, 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.
B.
An application for a new wireless support structure in the ROW shall
not be approved unless the Township finds that the proposed wireless
telecommunications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a new wireless support structure in the ROW shall
include a comprehensive inventory of all existing towers and other
suitable structures within a one-mile radius from the point of the
proposed structure, 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.
8.
Design Regulations. Any new wireless support structure 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 applicant
shall be subject to the approval of the Township. In the sole discretion
of the Township, the requirement to utilize stealth technology may
be waived if the Council determines that the waiver is in the best
interest of the Township.
9.
Notice. Upon submission of an application for any new wireless support
structure, the applicant shall mail notice thereof to each of the
owners of property lying within 300 feet of the boundary lines of
the lot for which the application has been filed. Notice shall be
served upon the owner by first class mail at the last known address
of the property owner according to county records. If service cannot
be made upon the owner or occupant, then such property shall be posted
by placing the notice on a conspicuous place on the dwelling house,
if any, on the property. Such notices shall be supplied by the Zoning
Officer, as well as a list of the person or persons to be served,
and it shall be the obligation of the applicant to see that such service
is made at the applicant's expense and proper return of such service
made to the Township.
10.
Graffiti. Any graffiti on the wireless support structure or on any
accessory equipment or structures shall be removed at the sole expense
of the owner within ten business days of notice of the existence of
the graffiti.
11.
Removal. In the event that use of a wireless support structure 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 wireless telecommunications
facilities, or portions thereof, shall be removed as follows:
A.
All unused or abandoned wireless support structures and accessory
facilities shall be removed within 12 months of the cessation of operations
at the site unless a time extension is approved by the Township.
B.
If the wireless telecommunications facility and/or accessory facility
is not removed within 12 months of the cessation of operations at
a site, or within any longer period approved by the Township, the
wireless telecommunications facility and accessory facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the wireless telecommunications facility.
C.
Any unused portions of wireless support structures, including antennas,
shall be removed within 12 months of the time of cessation of operations.
The Township must approve all replacements of portions of a wireless
support structure previously removed.
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 any new wireless support structure
and, once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Ordinance. The applicant and/or
owner of the wireless telecommunications facility 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 for a new wireless
support structure, the applicant shall, at its own expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond, or other form of security acceptable to the Township Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this Part. The bond shall provide that the
Township may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this Part, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Township.
[Ord. No. 2015-696, 10/13/2015]
1.
Permitted in Certain Zones Subject to Regulations. New wireless support
structures outside the right-of-way shall be permitted only in the
I-Industrial and LC&I-Limited Commercial Industrial Zoning Districts
subject to the restrictions and conditions provided herein. Additionally,
no new wireless support structure shall be located within 100 feet
of the zoning district boundary of the R-A Rural-Residential, R-1
Residential, R-2 Residential, R-3 Residential, A-Apartment House,
or RR-Retirement Residential Communities Zoning Districts, nor within
100 feet of the boundary of a registered historic district within
the Township.
2.
Zoning Standards. New wireless support structures shall be permitted
as either the sole use on a lot or combined with another nonresidential
use on the same lot. The wireless support structure and any other
structures or equipment on the lot must comply with all applicable
standards of the underlying zoning district, including but not limited
to: minimum lot size and setback requirements.
3.
Fence/Screen. A security fence having a maximum height of six feet shall completely surround any new wireless support structure, guy wires, or any accessory equipment or structures. A screening buffer per the Township Subdivision and Land Development Ordinance § 22-507, Subsection 3F, shall be located along the perimeter of the security fence.
4.
Accessory Equipment and Structures. All utility buildings and accessory
structures shall be architecturally designed to blend into the environment.
All utility buildings and accessory structures shall have a maximum
building footprint of 600 square feet and a maximum height of 15 feet.
5.
Access Road. An access road, turnaround space, and parking shall
be provided as needed to ensure adequate emergency and service access
to the wireless support structure. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable.
Where applicable, the owner shall present documentation to the Township
that the property owner has granted an easement for the proposed facility.
6.
Inspection. The Township reserves the right to inspect any wireless
support structure to ensure compliance with the provisions of this
Part 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 wireless telecommunications facility
is located at any time, upon reasonable notice to the operator, to
ensure such compliance.
[Ord. No. 2015-696, 10/13/2015]
1.
Permitted in Certain Zones Subject to Regulations. New wireless telecommunications
facilities in the right-of-way shall be co-located and permitted only
in the I Industrial, RE Recreation, C Commercial, L-C Limited Commercial,
LC&I Limited Commercial and Industrial, and B-P Business and Professional
Zoning Districts subject to the restrictions and conditions provided
herein.
A.
New wireless support structures shall be permitted by special exception
within PECO right-of-way areas, provided that such new structures
are located within an existing PECO structure.
2.
Time, Place, and Manner. The Township shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all wireless support structures 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. Wireless support structures in the ROW and any
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.
Equipment connected to, or associated with, a wireless support structure
shall be either attached to the same pole, with at least 12 feet of
vertical clearance between the ground and the bottom of the equipment
structure, or located underground.
4.
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 wireless support structure in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change,
or alter the position of any wireless telecommunications facility
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.
5.
Compensation for ROW Use. In addition to permit fees as described in § 27-2402, Subsection 7, above, every wireless support structure 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 annual ROW management fee for wireless support structures in the ROW shall be determined by the Township and authorized by resolution of the Board of Commissioners and shall be based on the Township's actual ROW management costs as applied to such wireless support structure.
[Ord. No. 2015-696, 10/13/2015]
1.
Easement. Where the proposed co-located wireless telecommunications
facility will be located on a property with another principal use,
the applicant shall present documentation evidencing that the owner
of the property has granted an easement, license agreement, or other
access agreement satisfactory to the Township for the proposed facility,
and that vehicular access is provided to that facility.
2.
Removal. In the event that use of a co-located wireless telecommunications
facility 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 wireless telecommunications
facilities or portions of wireless telecommunications facilities shall
be removed as follows:
A.
All abandoned or unused wireless telecommunications facilities and
accessory equipment shall be removed within 12 months of the cessation
of operations at the site unless a time extension is approved by the
Township.
B.
If the wireless telecommunications facility and/or accessory equipment
is not removed within 12 months of the cessation of operations at
the site, or within any longer period approved by the Township, the
wireless telecommunications facility and/or associated equipment may
be removed by the Township and the cost of removal assessed against
the owner of the wireless telecommunications facility.
3.
Historic Buildings. No wireless telecommunications facility may be
located on a building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or has been designated
by the Township as being of historic significance.
[Ord. 2015-696, 10/13/2015]
1.
Development Regulations. Co-located wireless telecommunications facilities
shall be co-located on existing structures, such as existing buildings
or existing wireless support structures subject to the following conditions:
A.
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment. All utility buildings and
accessory structures shall have a maximum building footprint of 600
square feet and a maximum height of 15 feet.
C.
Vehicular access to any utility buildings and accessory structures
shall not interfere with the parking or vehicular circulations on
the site for the principal use.
2.
Design Regulations. Co-located wireless telecommunications facilities
located outside the ROW shall employ the most current stealth technology
available and be treated to match the supporting structure in an effort
to minimize aesthetic impact. The application of the stealth technology
chosen by the applicant shall be subject to the approval of the Township.
In the sole discretion of the Township, the requirement to utilize
stealth technology may be waived if the Board of Commissioners determines
that the waiver is in the best interest of the Township.
3.
Inspection. The Township reserves the right to inspect any wireless
telecommunications facility to ensure compliance with the provisions
of this Ordinance 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 wireless telecommunications
facility is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
[Ord. 2015-696, 10/13/2015]
1.
Co-location. Co-located wireless telecommunications facilities located
in the ROW shall be co-located on existing poles, such as existing
utility poles or light poles.
2.
Time, Place, and Manner. The Township shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all wireless telecommunications facilities 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.
Design Requirements.
A.
Co-located wireless telecommunications facility 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. Wireless telecommunications facilities and accompanying
equipment shall be painted, or otherwise coated, to be visually compatible
with the support structure upon which they are mounted.
4.
Equipment Location. Co-located wireless telecommunications facilities
located in the ROW and any 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. Equipment connected to, or associated
with, a wireless telecommunications facility shall be either attached
to the same pole, with at least 12 feet of vertical clearance between
the ground and the bottom of the equipment structure, or located underground.
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 wireless telecommunications facility located in the
ROW shall, at its own expense, temporarily or permanently remove,
relocate, change, or alter the position of any wireless telecommunications
facility 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.
Compensation for ROW Use. In addition to permit fees as described § 27-2302, Subsection 7, above, every wireless telecommunications facility located 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 annual ROW management fee for wireless telecommunications facilities located in the ROW shall be determined by the Township and authorized by resolution of the Board of Commissioners and shall be based on the Township's actual ROW management costs as applied to such wireless telecommunications facility.
