[Added by Ord. 380, 4/3/2017[1]]
The purpose of this Part is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Plainfield 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.
[1]
Editor's Note: Section 9, Conflict, of this ordinance provided:
"Whenever the requirements of this ordinance are in conflict with
other requirements of the ordinances of the Township of Plainfield,
the most restrictive, or those imposing the highest standards shall
govern. Privileges granted by this ordinance do not constitute a waiver
or impairment of the rights of the Township at law or equity now or
henceforth existing to proceed versus grantee for enforcement of the
ordinance or violation of this ordinance or other ordinances of the
Township."
Section 11, Repealer, of this ordinance provided: "This ordinance
hereby specifically repeals Ordinance No. 276 regulating commercial
communications towers, and all other Township ordinances or parts
thereof, including but not limited to the Plainfield Township Zoning
Ordinance, as amended, that were adopted prior to this ordinance and
are in conflict with this ordinance."
[Added by Ord. 380, 4/3/2017]
By enacting this Part, 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 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.
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.
Treat each wireless communications services provider in a nondiscriminatory
and competitively neutral manner in exercising the Township's authority;
7.
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;
8.
Update the Township's wireless facilities regulations to incorporate
changes in Federal and State laws and regulations.
[Added by Ord. 380, 4/3/2017]
This Part shall be known and may be cited as the "Plainfield
Township Wireless Communications Facilities Regulations Ordinance."
[Added by Ord. 380, 4/3/2017]
Each applicant proposing the construction of a tower-based WCF shall complete and submit a special exception application prior to beginning construction of such WCF. Such application shall be evaluated by the Township Zoning Hearing Board and subject to the proceedings of § 27-317 of his Chapter and as specifically provided for within this Part.
[Added by Ord. 380, 4/3/2017]
The following regulations shall apply to all tower-based wireless
communications facilities:
1.
Standard of Care. The WCF applicant shall present documentation that
demonstrates the 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
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.
Special Exception Authorization Required. Tower-based WCFs are permitted
in certain zoning districts by Special Exception and at a height necessary
to satisfy their function in the WCF applicant's wireless communications
system. No WCF applicant shall have the right under these regulations
to erect a tower to the maximum height specified in this Section unless
it proves the necessity for such height. The WCF applicant shall demonstrate
that the antenna/tower/pole for the tower-based WCF is the minimum
height necessary for the service area.
A.
Prior to the Zoning Hearing Board's approval of a special exception
authorizing the construction and installation of a tower-based WCF,
it shall be incumbent upon the WCF applicant, during the special exception
hearing, to prove to the reasonable satisfaction of the Zoning Hearing
Board that the WCF applicant cannot adequately extend or infill its
communications system by the use of equipment such as redoes, repeaters,
antennas and other similar equipment installed on existing structures,
such as utility poles or their appurtenances and/or other available
tall structures. The WCF applicant shall further demonstrate that
the proposed tower-based WCF must be located where it is proposed
in order to serve the WCG applicant's service area and that no other
viable alternative location exists.
B.
The special exception application shall be accompanied by 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.
C.
The special exception application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
State and Federal laws concerning aviation safety.
D.
Where the tower-based WCF is located on a property with another principal
use, the WCF applicant shall present documentation to the Zoning Hearing
Board that the owner of the property has granted an easement for the
proposed tower-based WCF and that vehicular access will be provided
to the facility.
E.
The special exception application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies will all
applicable provisions in this Part.
3.
Site Plan Required. In order to determine the requirements of the
special exception use and this Part are met, the applicant shall present
a site plan showing, at a minimum, the following items:
A.
Locations of all existing uses and proposed WCFs.
B.
Elevations and drawings of any existing uses and proposed tower-based
WCFs, showing proposed width, depth, height, architectural style and
structural data for any towers, antenna, etc. proposed.
C.
Site boundary, lease area boundary, zoning data, setbacks/yards,
and adjacent uses.
D.
Vehicular access, fencing, landscaping, utility and/or access easements.
E.
Any and all other site plan requirements as set forth in this Chapter,
as amended.
4.
Engineer Inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, the applicant
shall employ a structural engineer registered in Pennsylvania to issue
to the Township a written certification of the proposed tower-based
WCF's ability to meet the structural standards offered by either the
Electronics Industry Association and Telecommunications Industry Association.
Such engineer shall certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the special exception use hearings, 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.
5.
Timing of Approval. 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.
6.
Co-Location and Siting. An application for a new tower-based WCF
shall demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing or approved structure. The Plainfield Township Zoning
Hearing Board may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good-faith effort to mount
its antenna(s) on an existing structure. Any application for approval
of a tower-based WCF shall include a comprehensive inventory of all
existing WCF towers and other suitable structures within a one-mile
radius from the point of any proposed tower-based WCF, unless the
WCF 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 structure cannot be utilized. The WCF applicant
shall present evidence to the Zoning Hearing Board that the existing
WCF towers and other suitable structures located within a one-mile
radius are not suitable for the following reasons:
A.
The proposed antenna and related equipment would exceed the structural
capacity of the existing building, structure or tower, and its reinforcement
cannot be accomplished at a reasonable cost.
B.
The proposed antenna and related equipment would cause radio frequency
interference with other existing equipment for that existing building
structure or tower, and the interference cannot be prevented at a
reasonable cost.
C.
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
7.
Permit Required for Modifications. To the extent permissible under
applicable State and Federal law, any WCF applicant proposing the
modification of an existing tower-based WCF which increases the overall
height of such tower-based WCF shall first obtain a permit from the
Township. Nonroutine modifications, as well as modifications that
substantially change the tower-based WCF, shall be prohibited without
a permit.
8.
Gap in Coverage or Capacity. A WCF applicant for a tower-based WCF
must demonstrate that a significant gap in wireless coverage or capacity
exists with respect to all wireless operators in the applicable area
and that the type of WF being proposed is the least-intrusive means
by which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Zoning Hearing
Board's decision on an application for approval of a tower-based WCF.
9.
Additional Antennas. As a condition of special exception use approval
for all tower-based WCFs, the WCF applicant shall provide the Zoning
Hearing Board with a written commitment that it will allow other service
providers to co-locate antennas on the tower-based WCF where technically
feasible. To the extent permissible under State and Federal law, the
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
10.
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-E Code, as amended).
11.
Height. Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure. The maximum
total height of any tower-based WCF which is not located in the public
ROW shall not exceed 150 feet, which height shall include all subsequent
additions or alterations to the extent permissible under Federal and
State law. Equipment buildings, cabinets, and accessory structures
shall not exceed 15 feet in height.
12.
Related Equipment. Ground-mounted related equipment greater than
three cubic feet, such as cabinets and accessory structures, shall
not be located within 50 feet of a lot in residential use or zoned
residential.
13.
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.
14.
Maintenance. Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
15.
Radio Frequency Emissions. A tower-based WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
16.
Historic Buildings or Districts. A tower-based WCF shall not be located
on a building, structure, or site 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.
17.
Signs/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. There shall be no other signage permitted on the
WCF, except for that required by law or FCC/FAA regulations or any
other federal or state agency.
18.
Lighting. No tower-based WCF shall be artificially lighted, except
as required by law and as may be approved by the Township. If lighting
is required, the tower-based 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. The
WCF applicant shall promptly report any outage or malfunction of FAA-mandated
lighting to the appropriate governmental authorities and to the Township
Secretary/Township Manager.
19.
Visual Appearance. Tower-based WCFs shall employ stealth technology,
which may include the tower portion to be painted silver or another
color approved by the Zoning Hearing Board, or shall have a galvanized
finish. All tower-based WCFs and related equipment shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
The Zoning Hearing Board shall consider whether its decision upon
the subject application will promote the harmonious and orderly development
of the zoning district involved; encourage compatibility with the
character and type of development existing in the area; benefit neighboring
properties by preventing a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
20.
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 ordinances, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
21.
Aviation Safety. Tower-based WCFs shall comply with all Federal and
State laws and regulations concerning aviation safety.
22.
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 within 500 linear feet of the property or parcel of the proposed
facility, regardless of whether the properties are located in Plainfield
Township or another jurisdiction/municipality.
23.
Timing of Approval. All special exception applications for a tower-based
WCF shall be submitted in accordance with the applicable provisions
of the Pennsylvania Wireless Broadband Collocation Act (Act 191),
53 P.S. § 11702.1 et seq. (WBCA), as amended, and the Federal
Communications Commission (FCC). 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 WCF applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant in writing of
its decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
24.
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 within one year after damage occurs
but must otherwise comply with the terms and conditions of this Part.
25.
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. In addition to and not in lieu of any other
remedy available to the Township to recover costs associated with
removal, the Township shall file liens against the WCF owner and the
owner of any real property upon which a WCF is sited in order to recover
any unpaid legal fees, consultant fees, and court courts that may
be incurred.
C.
Any unused portions of tower-based WCFs, including antennas, shall
be removed within six months of the time of cessation of operations.
26.
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.
27.
FCC License. Each person that owns or operates a tower-based WCF
over 40 feet in height shall submit a copy of its current FCC license,
including the name, address, and emergency telephone number for the
operator of the facility.
28.
Insurance. Each person that owns or operates a tower-based WCF shall
provide the Township with a certificate of insurance evidencing general
liability coverage in the minimum amount of $5,000,000 per occurrence
and property damage coverage in the minimum amount of $5,000,000 per
occurrence covering the tower-based WCF.
29.
Indemnification. Each person that owns or operates a tower-based
WCF, or the property on which such WCF is located, shall, at its sole
cost and expense, indemnify, defend and hold harmless the Township,
its elected and appointed officials, employees and agents, at all
times against any and all claims for personal injury, including death,
and property damage or depreciation of property value or for violation
of property or zoning rights, arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the tower-based WCF. Each person that owns or operates a tower-based
WCF and each owner of property upon which a tower-based WCF is located
shall defend any actions or proceedings against the Township in which
it is claimed that personal injury, including death, or property damage
was caused by the construction, installation, operation, maintenance
or removal of tower-based WCF. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
30.
Engineer Signature. All plans and drawings for a tower and antenna(s)
shall contain a seal and signature of a professional structural engineer
licensed in the Commonwealth of Pennsylvania.
[Added by Ord. 380, 4/3/2017]
In addition to the requirements set forth in § 27-905, General and Specific Requirements for All Tower-Based Wireless Communications Facilities, the following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
1.
Development Regulations.
B.
Gap in Coverage or Capacity. An applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists with respect to all wireless operators in the applicable area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage or capacity. The existence
or nonexistence of a gap in wireless coverage or capacity shall be
a factor in the Township's decision on an application for approval
of tower-based WCFs.
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, but not a residential 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 tower-based
WCF.
(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 not be located in the minimum front, rear, or side
yard setbacks for the applicable zoning district.
(4)
Vehicular access to the tower-based WCF shall not interfere
with parking or circulation on the site.
2.
Co-Location and Siting. An application for a new tower-based WCF
shall demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing or approved structure. The Plainfield Township Zoning
Hearing Board may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good-faith effort to mount
its antenna(s) on an existing structure. Any application for approval
of a tower-based WCF shall include a comprehensive inventory of all
existing WCF towers and other suitable structures within a one-mile
radius from the point of any proposed tower-based WCF, unless the
WCF 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 structure cannot be utilized. The WCF applicant
shall present evidence to the Zoning Hearing Board that the existing
WCF towers and other suitable structures located within a one-mile
radius are not suitable for the following reasons:
A.
The proposed antenna and related equipment would exceed the structural
capacity of the existing building, structure or tower, and its reinforcement
cannot be accomplished at a reasonable cost.
B.
The proposed antenna and related equipment would cause radio frequency
interference with other existing equipment for that existing building
structure, or tower and the interference cannot be prevented at a
reasonable cost.
C.
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
3.
Design Regulations.
A.
The WCF shall employ the must current stealth technology methods
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 Zoning Hearing Board.
B.
Where the proposed site abuts a residential zoning district, tower-based
WCFs shall be permitted only where they are disguised by utilizing
stealth technology so that it will fit in with the residential character
of the community.
C.
Any tower-based WCF over 40 feet in height shall be equipped with
an anti-climbing device, as approved by the manufacturer.
D.
Any proposed tower-based WCF shall be designed structurally, electrically,
and in all respects to accommodate both the WCF applicant's antennas
and comparable antennas for future users.
4.
Surrounding Environs.
A.
The WCF applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the WCF structure is preserved
to the maximum extent possible.
B.
The WCF applicant shall submit a soil report to the Township complying
with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA
222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
5.
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 Commission for all proposed screening.
6.
Accessory Equipment.
A.
Ground-mounted equipment associated with, or connected to, 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 technology.
B.
All 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 underlying zoning district.
7.
Access Road/Lease Area. An access road, turnaround space and parking
shall be provided to ensure adequate emergency and service access
to tower-based WCFs. The access road shall be a dust-free, all-weather
surface for its entire length. 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 Zoning Hearing Board
that the property owner has granted an easement and/or signed a lease
agreement for the proposed facility.
8.
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this Part and any
other provisions found within the Township ordinances or State or
Federal law.
9.
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 Part. 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.
10.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF shall, at its own cost and expense, obtain a bond from a surety
licensed to do business on Pennsylvania and maintain said 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 and any all compensatory
damages (including but not limited to reasonable attorney's fees and
engineering fees) incurred by the Township for violations of this
Part, which shall include the costs incurred by the Township that
are associated with the removal of the tower-based WCF, after reasonable
notice and opportunity to cure have been provided by the property
owner. The owner shall file a copy of the bond with Township Secretary
and/or Township Manager.
[Added by Ord. 380, 4/3/2017]
In addition to the requirements set forth in § 27-905, General and Specific Requirements for All Tower-Based Wireless Communications Facilities, the following regulations shall apply to tower-based wireless communications facilities which are proposed to be located in the public rights-of-way:
1.
Tower-based wireless communication facilities (WCFs) in the public
rights-of-way shall not be located in the front facade area of any
structure.
2.
Tower-based wireless communication facilities (WCFs) in the public
rights-of-way shall be prohibited in areas in which all utilities
are located underground.
3.
Tower-based wireless communication facilities (WCFs) proposed to
be located in the public rights-of-way are permitted by special exception
in the public rights-of-way of certain roads in the Farm and Forest,
Village Center, Village Residential, Planned Residential and Suburban
Residential Zoning Districts:
A.
S.R. 1005 Sullivan Trail.
B.
S.R. 1016 Church Road.
C.
S.R. 0191 Bangor Road.
D.
S.R. 1011 Pen Argyl Road.
E.
S.R. 1009 Kesslersville Road.
F.
S.R. 1016 Delabole Road.
G.
S.R. 1012 Belfast Road.
H.
S.R. 1026 Center Street.
I.
S.R. 1014 Mill Road.
J.
T696 Roosevelt Street.
K.
T636 Abel Colony Road.
L.
T657 Sandt Road.
M.
T644 Teels Road.
N.
T633 Knitter's Hill Road.
O.
T655 Heitzman Road.
P.
T656 Mack Road.
Q.
T641 Grand Central Road.
R.
T622 School Road.
S.
T648 Browntown Road.
T.
T610 Fulmer Road.
U.
T664 Jory Road.
V.
T666 Bocce Club Road.
W.
T670 Middletown Road.
X.
T688 Verona Drive.
Y.
T608 Jones Hill Road.
Z.
T631 Getz Road.
AA.
T630 Bender's Church Road.
BB.
T653 Hower Road.
CC.
T624 Engler Road.
DD.
T619 Gall Road.
EE.
T628 Lefevere Road.
FF.
T734 Miller Road.
GG.
T650 Books Hill Road.
4.
Tower-based wireless communications facilities (WFCs) proposed to
be located in the public rights-of-way are permitted as a special
exception use in the rights-of-way of major collector, minor collector
and arterial roads in the General Industrial, Solid Waste Processing
and Disposal, Highway Interchange and General Commercial Zoning Districts.
5.
Tower-based wireless communications facilities (WFCs) proposed to
be located in the public rights-of-way are prohibited in the public
rights-of-way of major collector, minor collector, arterial, local
roads and the limited-access state highway S.R. 0033 (State Route
33) in the Blue Mountain Conservation District.
6.
Gap in Coverage or Capacity. An applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists with respect to all wireless operators in the applicable area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage or capacity. The existence
or nonexistence of a gap in wireless coverage or capacity shall be
a factor in the Township's decision on an application for approval
of tower-based WCFs in the ROW.
7.
Height. Any tower-based WCF in rights-of-way shall be designed at
the minimum functional height and shall not exceed a maximum total
height of 35 feet, which height shall include all subsequent additions
or alterations to the maximum extent permitted by state and federal
law. All tower-based WCF applicants must submit documentation to the
Township justifying the total height of the structure.
8.
Co-Location and Siting. An application for a new tower-based WCF
shall demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing or approved structure. The Plainfield Township Zoning
Hearing Board may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good-faith effort to mount
its antenna(s) on an existing structure. Any application for approval
of a tower-based WCF shall include a comprehensive inventory of all
existing WCF towers and other suitable structures within a one-mile
radius from the point of any proposed tower-based WCF, unless the
WCF 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 structure cannot be utilized. The WCF applicant
shall present evidence to the Zoning Hearing Board that the existing
WCF towers and other suitable structures located within a one-mile
radius are not suitable for the following reasons:
A.
The proposed antenna and related equipment would exceed the structural
capacity of the existing building, structure or tower, and its reinforcement
cannot be accomplished at a reasonable cost.
B.
The proposed antenna and related equipment would cause radio frequency
interference with other existing equipment for that existing building
structure, or tower, and the interference cannot be prevented at a
reasonable cost.
C.
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
9.
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.
10.
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 placed underground 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 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.
11.
Design Regulations.
A.
All tower-based WCFs in the ROW 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 Zoning Hearing Board.
B.
Any proposed tower-based WCF in the ROW shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
12.
Additional Antennas. 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.
13.
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.
14.
Compensation for ROW Use. In addition to permit fees as described in § 27-905, Subsection 26, above, every tower-based WCG 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 WCFs.
[Added by Ord. 380, 4/3/2017]
1.
The following regulations shall apply to all non-tower WCFs:
A.
Permitted in All Zones Subject to Regulations. Non-tower WCFs are
permitted in all zoning districts, subject to the restrictions and
conditions prescribed below and subject to applicable permitting by
the Township.
B.
Prohibited on Certain Structures. No non-tower WCF shall be located
on single-family detached residences, single-family attached residences,
or any residential accessory structure.
C.
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
Standards (ANSI) Code, National Electrical Safety Code, and National
Electric Code. Non-tower WCFs 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.
D.
Wind. All non-tower WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the American National Standards Institute
as prepared by the engineering of the Electronics Industry Association
and Telecommunications Industry Association (ANSI-EIA-TIA-222-E Code,
as amended).
E.
Aviation Safety. Non-tower WCFs shall comply with all Federal and
State laws and regulations concerning aviation safety.
F.
Public Safety Communications. Non-tower WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
G.
Radio Frequency Emissions. A non-tower WCF shall not, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
H.
Removal. In the event that use of a non-tower 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 abandoned or unused non-tower WCFs and related equipment
shall be removed within two months of the cessation of the operations
at the site, unless a time extension is approved by the Township.
(2)
If the non-tower WCF or related equipment is not removed within
two months of the cessation of operations at a site, or within any
longer period approved by the Township, the non-tower WCF and/or associated
facilities and related equipment may be removed by the Township and
the cost of the removal assessed against the owner of the non-tower
WCF.
I.
Insurance. Each person that owns or operates a non-tower WCF shall
provide the Township with a Certificate of Insurance evidencing general
liability coverage in the amount of $1,000,000 per occurrence and
property damage coverage in the minimum amount of $1,000,000 per occurrence
covering the non-tower WCF.
J.
Indemnification. Each person that owns or operates a non-tower WCF
shall, at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the non-tower WCF. Each person that owns or operates a non-tower
WCF shall defend any actions or proceedings against the Township in
which it is claimed that personal injury, including death, of property
damage was caused by the construction, installation, operation, maintenance
or removal of a non-tower WCF. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorney's
fees, reasonable expert fees, court costs and all other costs of indemnification.
K.
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(1)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
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.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
2.
The following additional regulations shall apply to all co-located
non-tower WCFs that fall under the Wireless Broadband Collocation
Act (WBCA) and/or that do not substantially change the dimensions
of the underlying wireless support structure:
A.
Permit Required. Non-tower WCF applicants proposing the modification
of an existing tower-based WCF shall obtain a building permit from
the Township. In order to be considered for such permit, the non-tower
WCF applicant must submit a permit application to the Township in
accordance with applicable permit policies and procedures.
B.
Timing of Approval for Applications that Fall Under the WBCA. Within
30 calendar days of the date that an application for a non-tower WFC
is filed with the Township, the Township shall notify the WCF applicant
in writing of any information that may be required to complete such
application. Within 60 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 WCF applicant, in writing, of such
decision. The Township shall notify the WCF applicant as to its completeness
of the WCF application within 30 days of receipt.
C.
Permit Fees. The Township may access 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.
3.
The following additional regulations shall apply to all non-tower
wireless communications facilities that do not fall under the Pennsylvania
Wireless Broadband Collocation Act (WBCA) and/or substantially change
the wireless support structure to which they are attached:
A.
Prohibited on certain structures. No non-tower WCF shall be located
on single-family detached residences, single-family attached residences,
or any residential accessory structure.
B.
Permitted in all Zoning Districts Subject to Regulations. Non-tower
WCFs are permitted in all zoning districts, subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Township.
C.
Historic Buildings. No non-tower WCF may be located upon any property
or on a building or structure that is listed on either the National
or Pennsylvania Register of Historic Places or is listed on the official
historic structures and/or historic districts list maintained by the
Township.
D.
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 non-tower WCF and, once approved,
in reviewing and evaluating the application for approval of the non-tower
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of these non-tower provisions.
The WCF applicant and/or owner of the WCF shall reimburse the Township
for all costs of the Township's consultant(s) on providing expert
evaluation and consultation with these activities.
E.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs. Said fees
shall not exceed $1,000 and will be set annually by the Board of Supervisors
via resolution.
F.
Development Regulations. Non-tower WCFs shall be located on existing
structures or wireless support structures, such as tower-based WCFs,
subject to the following conditions:
(1)
To the extent permissible by law, the total height of any wireless
support structure and mounted WCF shall not exceed the maximum height
permitted in the underlying zoning district.
(2)
In accordance with industry standards, all WCF applicants must
submit documentation to the Township justifying the total height of
the non-tower WCF. Such documentation shall be analyzed in the context
of such justification on an individual basis.
(3)
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district, and landscaping shall
be required to screen as much of the equipment building as possible
in accordance with Township regulations.
(4)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
G.
Notice. Upon receipt of application for any non-tower WCF, the Township
shall mail notice thereof to the owner or owners of every property
within 200 linear feet of the parcel or property of the proposed facility,
regardless of whether the properties are located in Plainfield Township
or another jurisdiction/municipality.
H.
Noncommercial Usage Exemption. Township residents utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
amateur (HAM) radio, and/or Internet connections at their respective
residences shall be exempt from the regulations enumerated in this
Part.
I.
Security Fence. A security fence with a minimum height of eight feet,
with only self-locking gates, 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.
J.
Stealth Technology. Non-tower WCFs shall employ stealth technology
and shall be treated to match the wireless support 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
Plainfield Township Zoning Hearing Board.
K.
Removal, Replacement and Modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading and repairing the non-tower
WCF is permitted, so long as such repair or upgrade does not substantially
change the overall size of the wireless support structure or the number
of antennas.
(2)
Any material modification to an existing non-tower WCF shall
require notice to be provided to the Township and possible supplemental
permit approval to the original permit or authorization.
L.
Inspection. The Township reserves the right to inspect any non-tower
WCF to ensure compliance with the provisions of this Chapter and any
other provisions found within the Township the Code or State or Federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a non-tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
[Added by Ord. 380, 4/3/2017]
In addition to the requirements set forth in § 27-908, General and Specific Requirements for all Non-Tower Wireless Communications Facilities, the following regulations shall apply to non-tower WCFs located in the public rights-of-way:
1.
Location and Co-location. Non-tower WCFs in the ROW shall be co-located
on existing poles, such as existing utility poles or light poles.
If co-location is not technologically feasible, the WCF applicant
shall, with the Township's approval, locate its non-tower WCF on existing
poles or freestanding structures that do not already act as wireless
support structures.
2.
Design Requirements.
A.
Non-tower WCF installations located above the surface grade in the
public ROW including, but not limited to, those on streetlights and
joint utility poles, shall not exceed an overall height of six feet
in height to the extent permitted by state and federal law. The non-tower
WCF installations shall be compatible in scale and proportion to the
structures upon which they are mounted. Non-tower WCFs in the ROW
may not exceed a height of six feet above the structure upon which
they are mounted to the extent permitted by State and Federal law.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
B.
Antennas and all related equipment shall be treated to match the
supporting structure. Non-tower WCFs and accompanying equipment shall
be painted, or otherwise coated, to be visually compatible with the
support structure upon which they are mounted.
3.
Equipment Location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
A.
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or on a privately
owned lot.
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 placed underground,
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 any wireless support structures or any related equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
E.
Any proposed underground vaults related to non-tower WCFs shall be
reviewed and approved by the Township.
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.
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 non-tower WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any non-tower 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.
6.
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 of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.