A.
Accessory uses to residential principal uses. Uses
accessory to dwellings include but are not limited to the following:
(1)
Private garage, carport, driveway, parking space.
(3)
Open space.
(4)
Private greenhouse, storage building for garden tools.
(5)
Private sports court, such as for tennis or basketball, in accordance with § 200-91C.
[Amended 1-13-2010 by Ord. No. 221-2010]
(6)
Private bathhouse, in conjunction with a swimming
pool.
(7)
Children's play structure no greater than 10 feet
in height.
(8)
Shelter for pets.
B.
Accessory uses to nonresidential principal uses and
institutional uses. Uses accessory to nonresidential principal uses
and institutional uses include but are not limited to the following:
C.
Spacing for accessory buildings. Accessory buildings
on a lot shall be located not less than 10 feet from each other and
from principal structures.
D.
Accessory
uses to an apartment building or complex shall include a clubhouse
and/or other recreational facilities for the exclusive use of the
tenants thereof to be owned and maintained by the apartment owner.
[Added 9-14-2011 by Ord. No. 234-2011]
[Amended 1-13-2010 by Ord. No. 221-2010]
A.
Location
of swimming pools. No private swimming pool shall be located in the
front yard that falls between the street and the foremost portion
of a principal use building. Swimming pools shall be located no closer
than 15 feet from any lot line.
B.
Fencing
of swimming pools. The entire swimming pool area shall be enclosed
with a chain link or equal fence or barrier, not less than four feet
high, in conformance with the Building Code. Such fencing may be either
near or adjacent to the pool or at such other place on the owner’s
premises as to constitute an adequate barrier against access onto
the swimming pool area.
C.
Location
of private sports courts. No private sports court shall be located
in the front yard that falls between the street and the foremost portion
of a principal use building. Sports courts shall be located no closer
than 25 feet from any lot line.
[Amended 11-9-2016 by Ord. No. 285-2016; 4-12-2017 by Ord. No. 290-2017]
A.
Purposes and findings of fact.
(1)
The purposes of this section 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, Pub. L. No. 104-104,
110 Stat. 56 (1996); the Federal Middle Class Tax Relief and Job Creation
Act of 2012 (Spectrum Act) Pub. 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 Collocation Act (Act 191), 53 P.S. § 11702.1 et
seq. (WBCA) in East Whiteland 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.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
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;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, cable Wi-Fi
and other communications facilities;
(e)
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;
(f)
Promote the health, safety and welfare of the Township's residents
and businesses with respect to wireless communication facilities;
(g)
Protect the Township's residents and businesses from the potential
adverse impacts of wireless communication facilities and to preserve,
to the extent permitted under law, the visual character of established
communities and the natural beauty of the landscape; and
(h)
Ensure compliance with federal and state regulation.
B.
ACCESSORY EQUIPMENT
ANTENNA
BASE STATION
(1)
(2)
(3)
(4)
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS (DAS)
ELIGIBLE FACILITIES REQUEST
EMERGENCY
EQUIPMENT COMPOUND
FT. WORTH ATTACHMENT
HEIGHT, WIRELESS COMMUNICATIONS FACILITY (WCF)
MODIFICATION or MODIFY
MONOPOLE
NONTOWER WIRELESS COMMUNICATIONS FACILITIES (NONTOWER WCF)
REPLACEMENT
RIGHT-OF-WAY (ROW)
SITE
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
(1)
(2)
(3)
(4)
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
TRANSMISSION EQUIPMENT
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
Definitions. For the purposes of this section, the following terms
shall be defined as follows:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar equipment.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment including, without limitation, ham or citizen
band radio antennas.
A structure or equipment at a fixed location that enables
Federal Communications Commission licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this section or
any equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services, such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services, such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this section, supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area of the structure; also known as "small cell networks."
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving co-location of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public or has caused or is
likely to cause facilities in the rights-of-way to be unusable and
result in loss of the services provided.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
A nonfreestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
The vertical measurement from the mean level of the ground
surrounding the WCF if ground-mounted, or the higher of a roof or
parapet if building-mounted, to the highest part of the WCF, monopole,
tower or other wireless support structure.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
Wireless communications facilities other than tower-based
wireless communications facilities.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
The surface of and space above and below any real property
in the municipality in which the federal government, commonwealth,
municipality or municipal authority has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
federal government, commonwealth, municipality or municipal authority,
and any nonexclusive public or utility easements established, dedicated,
platted, improved or devoted for utility purposes. Private rights-of-way
and other government-owned lands not listed above shall not be considered
a right-of-way. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed facility into the existing structure or visual backdrop in
such a manner as to render it less visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure and facilities constructed to resemble trees,
shrubs, and light poles.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater. Changes in height
should be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height should be measured
from the dimensions of the tower or base station, inclusive of originally
approved appurtenances and any modifications that were approved prior
to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services, such as microwave backhaul, and the associated
site. A Ft. Worth attachment shall not be considered a tower,
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment.
Equipment that facilitates transmission for any Federal Communications
Commission licensed or authorized wireless communication service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services, such as a microwave backhaul.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
C.
Permitted uses for wireless communication facilities.
(1)
Tower-based WCFs not located within a right-of way are prohibited
in the following districts: R-1, R-2, R-3, RM, RMH, and RRD.
(3)
Tower-based WCFs not located within a right-of-way are permitted
by right on all land owned or controlled by the Township or a Township
authority, regardless of zoning district.
(5)
Nontower WCFs are permitted by right in all zoning districts and within a right-of-way subject to the requirements of Subsection D and the applicable permit requirements of Subsection H. Nontower WCFs located within a right-of-way in a residential district or residential area shall be located to the greatest extent possible so that the WCF is not seen directly from any residence.
D.
Bulk and area requirements.
|
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 but not to exceed 150 feet.
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 50 feet on
a new tower or 55 feet on an existing tower, in the R-1, R-2, R-3,
RM, RMH, RRD, NS, OS, C Districts and 60 feet in the VMX, FC, ROC,
ROC/R, O/BP, O/BPS, PO, I, INS 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 100% 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 Subsection H.
|
Not applicable
| ||
|
On electrical transmission towers, street lights, utility poles,
traffic signals, signs and similar structures
|
WCF shall not exceed a height of 5 feet above the electrical transmission tower, street light, utility pole, traffic signal, sign and similar structure, unless the WCF applicant obtains a conditional use under Subsection H.
|
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
| ||
E.
Design, construction and operations.
(1)
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.
(2)
Subdivision plan approval shall not be required when a WCF is located
on a leased parcel that is less than the entire lot.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards established by state
law and not to exceed 45 dBa as measured from the nearest property
line on which the attached wireless communications facility is located
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.
(8)
Access.
(a)
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.
(b)
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(c)
Where possible, access drive construction shall at all times
minimize ground disturbance and the cutting of vegetation.
(d)
Access drive grades shall closely follow natural contours to
assure minimal visual disturbance and minimize soil erosion.
(e)
Where applicable, the WCF owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility and maintenance responsibilities.
(f)
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.
(g)
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.
(9)
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 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 the Township Code.
(10)
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.
(11)
Safety in rights-of-way.
(a)
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.
(b)
Emergency.
[1]
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.
[2]
No permit is required for such removal, relocation, change or
alteration ordered by the Township.
(12)
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 otherwise to create safety hazards to pedestrians
and/or motorists or otherwise to 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.
(13)
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.
(14)
Soil report. A 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.
(15)
Interference. All 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.
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.
(16)
Aviation safety. All WCFs shall comply with federal and state
laws and regulations concerning aviation safety.
(17)
Inspections.
(a)
Upon request, a copy of the most recent inspection report shall
be provided to the Township. Any repairs advised by report shall be
completed by the WCF owner within 60 calendar days after the report
is filed with the Township.
(b)
In accordance with and subject to existing law, the Township
reserves the right to inspect any WCF to ensure compliance with the
provisions of this 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.
(18)
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 Township, National, Pennsylvania or County Registers
of Historic Places.
F.
Aesthetics, landscaping and screening.
(1)
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.
(2)
Landscaping design. Tower-based WCF located outside the right-of-way
shall submit a landscape design describing the following:
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
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.
(c)
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.
(d)
In lieu of an evergreen screen, the Board of Supervisors 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 of Supervisors
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 East Whiteland Township Planning Commission
to assist with the Board's decision.
(3)
Any graffiti on the tower or on any related equipment shall be immediately
removed at the sole expense of the WCF owner.
G.
Replacement, co-location or modification.
(1)
Notwithstanding the requirements for tower-based WCF and nontower-based
WCFs, as set forth in this section, an application for replacement,
co-location or modification of a previously approved wireless support
structure or wireless communication 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 towers
shall not be subject to the issuance of new zoning or land use approvals,
provided that there is no substantial change.
(2)
Replacement, co-location or modification of WCFs on existing wireless
support structures or within existing equipment compounds may be performed
by the applicant without obtaining a zoning permit from the Township.
(3)
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, tower 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.
H.
Conditional use and permit requirements.
(1)
A permit from the Township shall be required for the construction,
erection, modification, replacement or installation of each and 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.
(2)
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:
(a)
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 co-located on an existing or approved structure
or building within a one-mile radius of the proposed tower-based WCF
location to achieve the coverage or capacity objectives of the applicant.
(b)
Gap in coverage, lack of adequate capacity, and lack of alternatives.
An applicant for a tower-based WCF, where required, 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 radios,
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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 WCFs 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.
(h)
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.
(3)
Conditional use authorization. If required under Subsection C, a separate conditional use application must be filed for each tower-based WCF sought to be constructed and installed. 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:
(a)
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.
(b)
Documentation demonstrating that the proposed tower-based WCF
complies with all state and federal laws and regulations concerning
aviation safety and is designed to withstand the effects of wind according
to the standard designed by the American National Standards Institute.
(c)
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.
(d)
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.
(4)
Conditional use approval for tower-based WCFs in right-of-way. In addition to the requirements in Subsection D, tower-based WCFs located within a right-of-way in the R-1, R-2, R-3, RM, RRD, RMH, VMX, FC, ROC, ROC/R, PO, O/BP, O/BPS, I, INS, NS, C, and OS 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.
(5)
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.
(6)
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.
(7)
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.
(8)
Township Planning Commission review. The Board may elect to receive
comment, recommendations, and feedback from the East Whiteland Township
Planning Commission to assist with the Board's conditional use decisions.
(9)
Township standards for conditional use approval. In addition to demonstrating compliance with all requirements of this section, an applicant seeking conditional use approval must also fulfill all requirements and standards for conditional use approval set forth under Township Code § 200-109, Conditional uses.
I.
Discontinuation, abandonment and removal.
(1)
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.
(2)
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:
(a)
All unused or abandoned 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 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.
(c)
Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations. The Township
must approve all replacements of portions of a tower-based WCF previously
removed.
(3)
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 land owner 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.
A.
Location.
(1)
Fences and walls shall be erected within property
lines, and no fence or wall shall be located so as to encroach upon
a public right-of-way.
(2)
No fence or wall shall be permitted within 10 feet
of the front lot line, provided that retaining walls required to stabilize
changes in elevation shall be permitted to a height one foot above
ground elevation retained.
(3)
No fence or wall shall be permitted within a sight
triangle area.
B.
Height. Other than in Industrial Districts, the maximum
height for a fence or wall shall be six feet, measured from finished
grade, except that in Residential Districts all fences erected in
the front yard of any lot shall not exceed four feet in height and
shall have at least 50% of the space occupied by the fence open to
view. In Industrial Districts, the maximum height for a fence or wall
shall be eight feet, with any anti-trespass materials not extending
any more than two feet higher than said fence or wall.
C.
Appearance. Any portion of a fence construction intended
or utilized for the support of the fence shall be located on the inside
of the fence, facing the principal portion of the tract upon which
the fence is erected. The finished portion of the fence shall face
the property or right-of-way adjacent to the fence.
D.
Anti-trespass materials. Barbed wire, razor ribbon,
and similar anti-trespass fence or fence-mounted materials shall be
permitted only in Industrial Districts.
E.
Permit required. No fence or wall greater than four
feet in height shall be constructed without first obtaining a permit.
Permit applications shall be accompanied by a property survey or plot
plan with the proposed location of the fence or wall shown thereon.
A permit application for a retaining wall must be approved by the
Township Engineer before such a permit may be issued.
[Added 10-14-2009 by Ord. No. 219-2009]
A.
Wind energy systems and solar energy systems.
(1)
The primary purpose of a wind or solar energy system will be
to provide power for the principal use of the property whereon said
system is to be located and shall not be for the generation of power
for commercial purposes; although, this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a wind or solar energy system designed to meet the energy needs of
the principal use. For the purposes of this subsection, the sale of
excess power shall be limited so that in no event an energy system
is generating more energy for sale than what is otherwise necessary
to power the principal use on the property.
(2)
Wind and solar energy systems shall only be permitted as an
accessory use on the same lot as the principal use. Applications for
an energy system shall include information demonstrating compliance
with the provisions of this subsection.
(3)
All applications for wind energy systems shall require approval
as a special exception by the Zoning Hearing Board.
[Amended 4-10-2019 by Ord. No. 311-2019]
B.
Small wind energy systems.
(1)
Small wind energy systems are permitted on residentially zoned
properties subject to the following requirements:
(a)
Minimum lot size: one acre provided the lot size conforms to
the height requirements below.
(b)
Minimum setbacks. All wind energy systems shall be set back
from all property lines a distance equal to 100% of the height of
the structure including the blades.
(c)
Wind energy systems shall not be permitted in any front yard.
(d)
Maximum height. Freestanding wind turbines shall not exceed
a height of 35 feet, including the height of the blades at its highest
point, on lots between one acre and three acres. On lots of three
acres or more, a maximum height of 45 feet is permitted. The maximum
height shall include the height of the blades at its highest point.
(e)
No more than one wind energy system shall be permitted per property.
(f)
Wind energy systems on residential properties shall have a nameplate
capacity of 10 kilowatts or less.
(2)
Wind energy systems shall be permitted in a nonresidential zoning
district subject to the bulk requirements for that district and the
following:
(a)
Minimum lot size: five acres or more.
(b)
The maximum height for a wind energy system shall not exceed
45 feet, including the height of the blades at its highest point.
(c)
Minimum setbacks. All wind energy systems shall be set back
from all property lines a distance equal to 100% of the height of
the structure including the blades.
(d)
Wind energy systems shall not be permitted in a front yard.
(e)
No more than one wind energy system shall be permitted per property.
(3)
Noise. All wind energy systems shall comply with the regulations in § 133-4, Sound-producing devices, animals and birds, of Chapter 133, Peace and Good Order, (noise and nuisances) of the Code of East Whiteland Township.
(a)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(4)
Other Criteria.
(a)
Wind energy systems shall be designed with an automatic brake
or other similar device to prevent over-speeding and excessive pressure
on the tower structure.
(b)
Wind energy systems shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority.
(c)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(d)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower for a minimum height of eight feet above the ground.
(e)
All moving parts of the wind energy system shall be a minimum
of 10 feet above ground level.
(f)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material.
(g)
The surface of the wind energy systems shall be finished with
a nonreflective coating.
(h)
All guy wires or any part of the wind energy system shall be
located on the same lot as the energy system.
C.
Solar energy systems.
(1)
Solar panels shall be permitted as a rooftop installation in
any zoning district. In residential zoning districts, the solar panels
shall not exceed a height of eight feet from the rooftop. In no event
shall the placement of the solar panels result in a total height including
building and panels exceeding what is permitted in the zoning district
governing the location of the principal building.
(2)
Solar panels shall be permitted as ground arrays in accordance
with the following:
(a)
All ground arrays shall be set back a distance of 20 feet from
all property lines in a residential zoning district or in conformance
with the bulk standards for accessory structures in commercial districts
as provided herein.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property or street.
(d)
Ground arrays shall not exceed a height of 15 feet.
D.
Wind and solar energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from a property line.
E.
The design of wind or solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
G.
Abandonment.
(1)
A small wind energy system or solar energy system that is out
of service for a continuous twelve-month period will be deemed to
have been abandoned.
(2)
The Zoning Officer or Code Official may issue a notice of abandonment
to the owner. The notice shall be sent via regular and certified mail,
return receipt requested, to the owner of record.
(3)
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the notice of abandonment
from the Zoning Officer or Code Official. If the system is not removed
within six months of receipt of notice from the Township notifying
the owner of such abandonment, the Township may remove the system
as set forth below.
(a)
When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Township may remove such system and place a lien
upon the property for the cost of the removal. If removed by the owner,
a demolition permit shall be obtained and the facility shall be removed.
Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
[Added 1-13-2010 by Ord. No. 221-2010]
A.
No flammable or explosive liquids, solids or gases shall be stored
in bulk above the ground; provided, however, that tanks or drums of
fuel directly connecting energy devices, heating devices, or appliances
located on the same lot as the tanks or drums of fuel shall be exempt
from the provision.
B.
All outdoor storage, where permitted, shall be enclosed by a fence
adequate to conceal the facilities from any adjacent property or screened
from view by an effective screen.
C.
No materials or wastes in any form shall be deposited upon a lot
in such a manner that they may be transferred off or below the surface
of the lot by natural causes or forces.
D.
There shall be no outdoor storage or accumulation for a period in
excess of seven days of any waste materials, materials which produce
fumes detectable at the lot lines, inflammable materials, edible material,
material which would be a harborage or breeding place for rodents
or insects, or abandoned, wrecked or junked vehicles.
E.
All manufacturing, processing or storage of materials, equipment
or vehicles, but not including parking and similar activities, shall
be carried on within a building, except that outdoor storage for a
permitted industrial use may be authorized as a special exception
where all of the following conditions are met:
(1)
The industrial use involved traditionally employs outdoor storage.
(2)
Such storage is needed for the successful operation of the use,
and the proposed site is suitable for outdoor storage.
(3)
It can be shown that indoor storage is not practical.
(5)
The storage shall comply with all applicable setback requirements
and shall cover only that percentage of total lot areas which is deemed
practical and feasible in the opinion of the Zoning Hearing Board.
(6)
The storage area shall be screened from view from any public
right-of-way or any residential district by buildings, walls or an
effective screen as defined in this chapter.
