[HISTORY: Adopted by the Board of Supervisors of the Township
of Worcester 8-16-2017 by Ord.
No. 270. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Worcester Township. While the Township recognizes the
importance of wireless communications facilities in providing high-quality
communication services to its residents and businesses, the Township
also recognizes that it has an obligation to protect public safety
and to minimize the adverse visual effects of such facilities through
the standards set forth in the following provisions.
B.
By enacting these provisions, the Township intends to:
(1)
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;
(2)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and nontower wireless
communications facilities in the Township, including facilities both
in and outside rights-of-way;
(3)
Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, cable Wi-Fi and
other wireless communications facilities;
(4)
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 commercial communications antennas and related
facilities on existing towers; and
(5)
Promote the health, safety and welfare of the Township residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod) directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna does not include tower-based wireless
communications facilities as defined below.
The mounting of one or more wireless communication facilities,
including antennas, on an existing tower-based wireless communications
facility, or on any structure that already supports at least one nontower
wireless communication facility.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based wireless communication
facility, including antennas mounted on the tower and any other appurtenances.
A wireless communication facility that consists of a single
pole structure, designed and erected on the ground or on top of a
structure, to support communications antennas and connecting appurtenances.
All nontower wireless communications facilities, including,
but not limited to, antennas and related equipment. Nontower wireless
communication facilities shall not include support structures for
antennas or any related equipment that is mounted to the ground or
at ground level.
Any piece of equipment related to, incidental to, or necessary
for, the operation of tower-based wireless communication facilities
or nontower wireless communication facilities, including, but not
limited to, generators and base stations.
The surface of and space above and below any real property
in which the federal, state or Township government 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, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets. The phrase "in the rights-of-way"
means in, on, over, along, above and/or under the rights-of-way.
Camouflaging methods applied to wireless communication facilities,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth in the
Township Code or in the Pennsylvania Wireless Broadband Collocation
Act[1] if necessary to avoid interference with existing antennas;
or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Substantial change may also include a certain size increase as defined
by the Federal Communications Commission with regard to related equipment.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers, monopoles, utility poles and ground-based
distributed antenna systems facility structures. Distributed antenna
systems' hub facilities are also considered to be tower-based
wireless communications facilities.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
A freestanding structure, such as a tower-based wireless
communications facility, utility pole, or any other structure that
could support the placement or installation of a wireless communications
facility, if approved by the Township.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
A.
The following regulations shall apply to all nontower wireless communications
facilities (nontower WCFs):
(1)
Permitted in all zoning districts subject to regulations. Nontower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Township.
(2)
Prohibited on certain structures. Nontower WCFs shall not be located
on single-family detached residences, single-family attached residences,
or any residential accessory structure.
(3)
Historic resources. Nontower WCFs shall not be located on a property,
building or structure that is a) listed on the National or Pennsylvania
Register of Historic Places, or is eligible to be so listed, b) listed
on any official inventory of historic structures maintained by the
Township, or c) in the historic villages of Cedars, Center Point or
Fairview Village, with the boundaries of each historic village as
shown on Exhibit A attached hereto,[1] unless the owner is entitled to such installation by federal
rules and regulations.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
(4)
Standard of care. Nontower WCFs shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any nontower 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.
(5)
Wind. All nontower 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, as amended).
(6)
Aviation safety. Nontower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(7)
Public safety communications. Nontower 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.
(8)
Radio frequency emissions. A nontower WCF shall not, by itself or
in conjunction with other nontower 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.
(9)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned nontower WCFs or portions of nontower WCFs shall
be removed as follows:
(a)
Abandoned or unused nontower WCFs and related equipment shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the nontower WCF or related equipment are not removed within
two months of the cessation of operations at a site, or within any
longer period approved by the Township, the nontower WCF or related
equipment may be removed by the Township and the cost of removal assessed
against the owner of the nontower WCF and/or against the owner of
the property upon which the nontower WCF or related equipment is located.
(10)
Timing of Approval. Within 30 calendar days of the date that an application
for a nontower WCF is filed with the Township, the Zoning Officer
shall notify the applicant in writing of any information that may
be required to complete such application. Within 90 calendar days
of receipt of a complete application, the Zoning Officer shall make
a final decision on whether to approve the application and shall advise
the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(11)
Insurance. The owner and operator of a nontower WCF shall provide
the Township with a certificate of insurance that includes the Township
as an additional insured, and that evidences general liability coverage
in the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the nontower WCFs.
(12)
Indemnification. The owner and operator of a nontower WCF shall,
at his or her 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 owner, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the nontower WCF. The owner and operator 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 a nontower 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, expert fees,
court costs and all other costs of indemnification.
(13)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
Nontower WCFs shall be fully automated and unattended on a daily
basis, and shall be visited only for maintenance or emergency repair.
(b)
Maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security.
(c)
Maintenance activities shall utilize the best available technology
for preventing failures and accidents.
(14)
Reservation of rights. In accordance with applicable law, the Township
reserves the right to deny an application for the construction or
placement of any nontower WCF for numerous factors, which include,
but are not limited to, visual impact, design, and safety standards.
B.
The following additional regulations shall apply to nontower WCFs
that do not substantially change the physical dimensions of the wireless
support structure to which they are attached:
(1)
Permit required. Nontower WCF applicants that propose the modification
of an existing wireless support structure shall obtain a zoning permit
from the Township. In order to be considered for such permit, the
applicant must submit a permit application to the Township, on the
form as prescribed by the Township.
(2)
Nontower WCFs that do not substantially change the physical dimension
of the wireless support structure may be eligible for a sixty-day
time frame for review. Applicants shall assert such eligibility in
writing to the Township and provide documentation reasonably related
to determining whether the application is eligible for the shortened
review, and, if warranted, such application shall be reviewed within
the sixty-day time frame.
(3)
Related equipment. Ground-mounted related equipment greater than
three cubic feet shall not be located within 25 feet of a lot in residential
use or zoned residential.
(4)
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 nontower WCF or $1,000,
whichever is less.
C.
The following additional regulations shall apply to nontower WCFs
that substantially change the wireless support structure to which
they are attached:
(1)
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 nontower WCF that
substantially changes the wireless support structure to which it is
attached.
D.
The following additional regulations shall apply to nontower WCFs
located outside of rights-of-way:
(1)
Development regulations. Nontower WCFs shall be co-located on existing
wireless support structures, and shall be subject to the following
conditions:
(a)
The total height of any wireless support structure and mounted
nontower WCFs shall not exceed the height limitation of the wireless
support structure permitted in the underlying zoning district by more
than 20 feet.
(b)
The owner and operator of nontower WCFs must submit documentation
that justifies the total height of the proposed nontower WCF.
(c)
If related equipment is proposed to be located in a separate
building or structure, the building or structure shall comply with
all applicable requirements set forth in the zoning district.
(d)
A security fence not less than eight feet in height shall surround
any related equipment housed in separate building or structure, and
landscaping shall be installed abound the fencing, to provide four-season
screening from all abutting properties. Vehicular access to the nontower
WCFs and related equipment shall not interfere with the parking or
vehicular circulation for the site's principal use.
(2)
Design regulations. Nontower WCFs shall meet the following design
conditions:
(a)
Nontower WCFs shall employ stealth technology and shall be treated
to match the wireless support structure to which they are attached,
in order to minimize aesthetic impact. The stealth technology utilized
shall be approved by the Township.
(b)
Satellite dishes and antennas used for the purpose of providing
television, phone, and/or Internet connections at a private residence
or business only shall be exempt from the design regulations enumerated
herein.
(3)
Removal, replacement and modification. The removal, replacement and
modification of nontower WCFs and/or related equipment, for the purpose
of upgrading or repairing the nontower WCF and/or related equipment,
shall be permitted, provided that such repair or upgrade increases
neither the overall dimensions of the nontower WCF nor the number
of antennas, and provided that any required permit is obtained from
the Township.
(4)
Inspection. The Township reserves the right to inspect nontower WCFs
to ensure compliance with the provisions noted herein, and with any
other provision in Township Code or federal or state law. The Township
and/or its agents shall have the authority to enter the property upon
which a nontower WCF is located at any time, upon reasonable notice
to the operator, to ensure such compliance.
E.
The following additional regulations apply to nontower WCFs in rights-of-way:
(1)
Co-location. Nontower WCFs shall be co-located on existing wireless
support structures.
(2)
Design Requirements. Nontower WCFs shall meet the following design
conditions:
(a)
All nontower WCF components located above the surface grade
shall be no greater than six feet in height.
(b)
All equipment employed shall be the smallest and least visibly
intrusive equipment feasible.
(c)
Antennas and all related equipment shall be treated to match
the supporting structure, and nontower WCFs and related equipment
shall be painted, or otherwise coated, to be visually compatible with
the wireless support structure on which they are mounted.
(3)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all nontower WCFs in rights-of-way, based on public safety, traffic
management, physical burden on the right-of-way, and related considerations,
in the sole discretion of the Township.
(4)
Equipment location. Nontower WCFs and related 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 rights-of-way,
as determined by the Township, in its sole discretion. In addition:
(a)
Ground-mounted equipment, walls, or landscaping shall not be
located within 18 inches of the face of the curb, or within an easement
extending onto a privately owned lot.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features, to the satisfaction of the Township.
(c)
Graffiti on a wireless support structure, nontower WCF or related
equipment shall be removed at the sole expense of the owner within
10 business days of the date of notice from the Township of the existence
of the graffiti.
(d)
All underground vaults shall be reviewed and approved by the
Township.
(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 nontower WCF in the right-of-way shall, at his or her
own expense, temporarily or permanently remove, relocate, change or
alter the position of any nontower WCF when the Township determines
that such removal, relocation, change or alteration is reasonably
necessary to construct, repair, maintain or install a Township or
other public improvement in the right-of-way; conduct operations of
the Township, or to conduct the operations of another government entity
in the right-of-way; vacate a roadway, or to establish or to release
a utility or other easement; or address an emergency as determined
by the Township.
F.
Any nontower based WCF located on property owned by Worcester Township
shall be exempt from any requirement noted in this section.
A.
The following regulations shall apply to all tower-based wireless
communications facilities (tower-based WCFs):
(1)
Standard of care. Tower-based WCFs shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Tower-based WCFs shall at all times be kept and maintained
in good condition, order and repair by qualified personnel, so that
the same shall not endanger the life of any person or any property
in the Township.
(2)
Permit application. At the time a permit application is submitted
to the Township the applicant shall provide documentation that:
(a)
Demonstrates the proposed height of the tower-based WCF is the
minimum height required to operate the tower-based WCF. No applicant
shall have the right under these regulations to erect a tower to the
maximum height specified in this chapter unless it proves the necessity
for such height. The applicant shall demonstrate the tower-based WCF
is proposed at the minimum height necessary for the service area.
(b)
Demonstrates that the communications system cannot adequately
extend or infill its communications system by the use of antennas
and/or nontower WCFs.
(c)
Provides a propagation study evidencing the need for the tower-based
WCF, as well as a description of the type and manufacturer of the
proposed transmission/radio equipment.
(d)
Demonstrates the proposed tower-based WCF complies with all
state and federal laws and regulations concerning aviation safety.
(e)
Provides a written commitment that it will allow other service
providers to co-locate nontower WCFs on the tower-based WCF where
this is technically and economically feasible.
(f)
For a tower-based WCF that is located on a property with another
principal use, provides documentation that the property owner has
granted an easement for the proposed tower-based WCF, and that vehicular
access will be provided to the facility.
(g)
Employ stealth technologies. All wireless communications equipment
buildings and other accessory facilities 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.
[1]
The Township may require that related equipment that houses
electrical transmitters and like components be placed underground,
unless determined to be detrimental to the functioning and physical
integrity of such equipment.
[2]
In making these determinations, the Township may consider whether
that proposed promotes the harmonious and orderly development of the
zoning district involved; encourages compatibility with the character
and type of development existing in the area; benefits neighboring
properties by preventing a negative impact on the aesthetic character
of the community; preserves woodlands and trees existing at the site
to the greatest possible extent; and encourages sound engineering
and land development design and construction principles, practices
and techniques.
(h)
Certifies the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. The owner of the
tower-based WCF shall demonstrate that he or she has contacted the
owners of tall structures, buildings, and towers within a 1/4 of a
mile radius of the site proposed, and has sought permission to install
an antenna on those structures, buildings, and towers, and was denied
for at least one of the following reasons:
[1]
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.
[2]
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.
[3]
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.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(3)
Engineer inspection, seal and signature. Prior to the 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 tower-based WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunication Industry Association.
All plans and drawings for a tower-based WCF shall contain a seal
and signature of a professional structural engineer licensed in the
Commonwealth of Pennsylvania.
(4)
Permit required for modifications. To the extent permissible under
applicable state and federal law, modification of an existing tower-based
WCF that increases the overall height of the tower-based WCF shall
require a Township approval and the issuance of a Township permit.
(5)
Wind. Tower-based WCFs 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, as amended).
(6)
Height. Tower-based WCFs shall be designed at the minimum functional
height. The maximum total height of any tower-based WCF shall not
exceed 120 feet, as measured vertically from the ground level, including
any base pad, to the highest point on the structure, including antennas
and subsequent alterations. Should the owner of the tower-based WCF
demonstrate that another provider of wireless communications services
has agreed to co-locate facilities on the tower-based WCF, and this
requires a greater tower height to provide satisfactory service for
wireless communications, the total height of the tower-based WCF may
exceed 120 feet only if a waiver is granted by the Board of Supervisors.
(7)
Related equipment building. Any building or other structure housing
related equipment shall comply with the required yard and height requirement
of the applicable zoning district for an accessory structure.
(8)
Public safety communications. Tower-based 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.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
Tower-based WCFs shall be fully automated and unattended on
a daily basis, and shall be visited only for maintenance or emergency
repair.
(b)
Maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Township's
residents.
(c)
Maintenance activities shall utilize the best available technology
for preventing failures and accidents.
(10)
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.
(11)
Historic properties and conservancy lands. Tower-based WCFs shall
not be located on a property that is a) listed on the National or
Pennsylvania Register of Historic Places, or is eligible to be so
listed, b) listed on any official inventory of historic properties
maintained by the Township, c) located in the historic villages of
Cedars, Center Point or Fairview Village, with the boundaries of each
historic village as shown on Exhibit A attached hereto,[1] or d) under conservation easement, unless the owner is
entitled to such installation by federal rules and regulations.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
(12)
Signs. Tower-based WCFs shall post a sign in a readily visible location
identifying the name and phone number of a party to contact in the
event of an emergency. The only other signage permitted on the tower-based
WCF shall be those required by the FCC, or any other federal or state
agency.
(13)
Lighting. Tower-based WCFs shall not be artificially lighted, except
as required by law. If lighting is required, the owner shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
(14)
Noise. Tower-based WCFs shall be operated and maintained so as not
to produce noise in excess of applicable noise standards under state
law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(15)
Aviation safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(16)
Timing of approval. Within 30 calendar days of the date that a permit
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. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period.
(17)
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must comply with all applicable
terms and conditions of these regulations that are necessary to protect
public health and safety. Co-location on existing nonconforming tower-based
WCFs is permitted.
(18)
Removal. In the event 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 tower-based WCFs or portions of tower-based 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 tower-based 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 tower-based WCF and
accessory facilities and equipment may be removed by the Township
and the cost of removal assessed against the owner of the tower-based
WCF or against the owner of the property upon which the tower-based
WCF is located.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations,
and the Township must approve all replacements of portions of a tower-based
WCF previously removed.
(19)
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.
(20)
FCC license. The owner or operator of a tower-based WCF shall submit
a copy of his or her current FCC license, including the name, address,
and emergency telephone number for the operator of the facility.
(21)
Reservation of rights. In accordance with applicable law, the Township
reserves the right to deny an application for the construction or
placement of any tower-based WCF for numerous factors, including,
but not limited to, visual impact, design, and safety standards.
(22)
Insurance. The owner and operator of a tower-based WCF greater than
40 feet in height 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.
The owner and operator of a tower-based WCF 40 feet or less in height
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering each tower-based WCF.
(23)
Indemnification. The owner and operator of a tower-based WCF shall,
at his or her 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 tower-based WCF. The owner and operator of a tower-based WCF
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, expert fees, court costs and all other costs of indemnification.
(24)
Financial security. Prior to permit issuance for a tower-based WCF,
the owner and operator of a tower-based WCF shall provide to the Township
financial security deemed by the Township to be sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
B.
The following additional regulations shall apply to tower-based WCFs
located outside rights-of-way:
(1)
Development regulations.
(b)
Tower-based WCFs shall not be located within 50 feet of any
underground utility, with the exception of water and sanitary sewer
lines.
(c)
Sole use on lot. A tower-based WCF may be permitted as the sole
use on a lot, provided that the underlying lot is at least two acres.
The minimum distance between the base of a tower-based WCF and any
adjoining property line or street right-of-way line shall equal not
less than 40% of the proposed tower-based WCF structure height.
(2)
Design regulations.
(a)
Tower-based WCFs shall employ stealth technology in order to
minimize aesthetic impact. The stealth technology utilized shall be
approved by the Township.
(b)
To the extent permissible by law, height extensions to an existing
tower-based WCF shall require, at a minimum, a zoning permit issued
by the Township.
(c)
Tower-based WCFs shall be designed structurally, electrically,
and in all respects to accommodate co-locators.
(d)
Tower-based WCFs 40 or more feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
(3)
Surrounding environs.
(a)
Existing vegetation, trees and shrubs located within 300 feet
of tower-based WCFs shall be preserved to the maximum extent possible.
(b)
A security fence constructed of wood or wood-like composite
material, and having a minimum height of eight feet, shall completely
surround any tower-based WCF, guy wires, and related equipment for
a tower-based WCF 40 feet or greater in height. The fence shall not
be topped with barbed wire.
(c)
Landscaping. Landscaping shall be required to screen as much
of a newly constructed tower-based WCF and related equipment as possible.
The Township may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping,
if, in the discretion of the Township, this approach achieves the
same degree of screening.
(4)
Access road. An access road of at least 20 feet in width, turnaround
space and parking shall be provided to ensure adequate emergency and
service access to tower-based WCFs. 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 owner and operator of the tower-based WCF shall
present documentation to the Township that the property owner has
granted an easement for the proposed facility.
(5)
Parking. For each tower-based WCF 40 feet or greater in height, there
shall be two off-street parking spaces.
(6)
Inspection. The Township reserves the right to inspect tower-based
WCFs to ensure compliance with the provisions herein and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a tower-based WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
C.
The following regulations shall apply to tower-based WCFs in rights-of-way:
(1)
Development regulations.
(a)
Tower-based WCFs 40 feet or greater in height are prohibited
in rights-of-way.
(b)
Tower-based WCFs less than 40 feet in height may be located
along the following corridors and roadways, regardless of the underlying
zoning district:
(c)
Tower-based WCFs shall not be situated in any right-of-way such
that the tower-based WCF is directly between a residential dwelling
unit and the roadway. However, tower-based WCFs may replace poles
or other structures existing at the time of the adoption of these
regulations, provided the tower-based WCF is of the same height, dimensions
and location of the pole or other structure placed.
(d)
Tower-based WCFs shall not be located within 50 feet of any
underground utility, with the exception of water and sewer lines.
(2)
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 rights-of-way, based on public safety, traffic
management, physical burden on the right-of-way, and related considerations,
in the sole discretion of the Township.
(3)
Equipment location. Tower-based WCFs and related 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 rights-of-way 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 installed below ground
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 tower-based WCFs and related equipment shall
be removed at the sole expense of the owner within 10 business days
of the date of notice from the Township of the existence of the graffiti.
(e)
All underground vaults shall be reviewed and approved by the
Township.
(4)
Design regulations.
(a)
Tower-based WCFs shall employ the stealth technology in an effort
to blend into the surrounding environment. The stealth technology
utilized shall be subject to the approval of the Township.
(b)
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate co-locators.
(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 tower-based WCF in the right-of-way shall, at his or
her own expense, temporarily or permanently remove, relocate, change
or alter the position of any tower-based WCF when the Township determines
that such removal, relocation, change or alteration is reasonably
necessary to: construct, repair, maintain or install a Township or
other public improvement in the right-of-way; conduct operations of
the Township, or to conduct the operations of another government entity,
in the right-of-way; vacate a roadway, or to establish or to release
a utility or other easement; or address an emergency as determined
by the Township.
(6)
Reimbursement for use of rights-of-way. In addition to fees as described
herein, every tower-based WCF in a right-of-way may be assessed an
annual fee, payable to the Township, which fee shall constitute fair
and reasonable compensation paid to the Township for the use of the
right-of-way, as established by the Township and included on the Township
fee schedule. Such fee shall reflect expenses incurred by the Township,
including, but not limited to, the costs to monitor, inspect and report
on the tower-based WCFs and related equipment located in the right-of-way,
and the enforcement of applicable regulations.
D.
Any tower-based WCF located on property owned by Worcester Township
shall be exempt from any requirement noted in this section.
