[Added 2-7-2018 by Ord.
No. 2018-01]
This article shall be known as the "Lower Salford Township Wireless
Communications Facilities Ordinance."
A.
The purpose of this article is to establish uniform standards for
the siting, design, permitting, designation, maintenance, installation,
construction and use of wireless supports and wireless communications
facilities in Lower Salford Township. While the Township recognizes
the importance of wireless communications facilities in providing
high-quality communications service to its residents and businesses,
the Township also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
B.
By enacting this article, the Township intends to:
(1)
Promote the health, safety, and welfare of Township residents
and businesses with respect to wireless communication facilities;
(2)
Provide for the managed development of wireless supports and
wireless communications facilities in a manner that enhances the benefits
of wireless communication and accommodates the needs of both Township
residents and wireless carriers in accordance with federal and state
laws and regulations;
(3)
Establish procedures for the design, siting, designation, construction,
installation, maintenance and removal of both tower-based and non-tower
wireless supports in the Township, including facilities both inside
and outside the public rights-of-way;
(4)
Address new wireless technologies, including but not limited
to, distributed antenna systems, data collection units, cable wi-fi
and other wireless communications facilities;
(5)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(6)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape; and
(7)
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
B.
Preexisting approved wireless supports and WCFs. Except with regard to additions or substantial modifications, wireless supports and WCFs in existence prior to the effective date of this article, if previously approved by the Township, shall not be required to meet the requirements of this article other than the requirements of § 164-152K, L, M, P through S and U below. Existing wireless supports and WCFs not previously approved by the Township shall be fully subject to all of the requirements of this article.
C.
Amateur radio station operators or receive only antennas. This Article XXIII shall not govern any support structure, or the installation of any antenna array, that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only and/or noncommercial antennas.
The following regulations shall apply to all wireless supports,
related equipment and wireless communications facilities:
A.
Standard of care. All wireless supports and WCFs shall be designed,
constructed, installed, erected, 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, as applicable.
All wireless supports and WCFs shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
B.
Maintenance. The following maintenance requirements shall apply:
(1)
All wireless supports and WCFs shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
(2)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents and businesses.
(3)
All modifications and utilized materials shall be nothing less
than the best available technology for preventing failures and accidents.
(4)
All maintenance shall be ordered and repaired by qualified maintenance
and construction personnel.
C.
Application required. Each applicant proposing the construction or
designation of any new wireless support or the modification or co-location
of a WCF on any existing wireless support shall complete and submit
an application to the Township prior to beginning construction. Such
application shall include, in addition to other information, the following:
(2)
A description and plan showing the proposed construction and/or
changes to the wireless supports in detail.
(3)
A copy of all Zoning Hearing Board and conditional use decisions
pertaining to the property upon which the wireless support is located.
(4)
If outside of the right-of-way, documentation evidencing ownership
of the parcel upon which the wireless support is proposed, or an easement
or other agreement with the owner which provides the applicant with
access thereto.
D.
Permit required for new wireless support. Any applicant proposing
the designation, construction or installation of a new wireless support
shall first obtain a permit from the Township Zoning Officer certifying
compliance with this article and all other applicable ordinances of
the Township. New designation or construction shall be prohibited
without a zoning and building permit.
E.
Permit required for modification or co-location of WCF. Any applicant
proposing the modification or co-location of a WCF on an existing
wireless support shall first obtain a permit from the Township Zoning
Officer certifying compliance with the applicable ordinances of the
Township, subject to the WBCA. Modifications and co-location shall
be prohibited without the issuance of a building permit.
F.
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 the construction or
modification of a wireless support, as well as related inspection,
monitoring and related costs. If the application is for the modification
or co-location of a WCF on an existing wireless support, such fees
shall not exceed $1,000, or other such monetary limit, in accordance
with the WBCA.
G.
Substantial change. Any application proposing a modification, co-location
or any other change to a wireless support, WCF or related equipment
that is deemed to constitute a substantial change shall be an application
for a new wireless support and shall be reviewed under the provisions
of this article for the same.
H.
Engineer signature. All plans and drawings for the installation or
modification of a wireless support, or the replacement, modification
or co-location of a WCF on a wireless support and related equipment
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
I.
Retention of experts. The Township may hire any consultant(s) and/or
expert(s) necessary to assist the Township in reviewing and evaluating
the application for approval of the construction of a new wireless
support and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this article. The applicant
and/or owner of the new wireless support shall reimburse the Township
for all costs of the Township's consultant(s) in providing expert
evaluation and consultation in connection with these activities.
J.
Timing of approval for new wireless support. Within 30 calendar days
of the date that an application for the designation, construction
or installation of a wireless support is filed with the Township,
the Township shall notify the applicant in writing of any information
that may be required to complete such application. If applicable,
a hearing shall be held within 60 days of receipt of a fully completed
application. A decision shall be made on the application within 45
days of the last hearing on the matter, but in no case shall a decision
be made later than 150 days from the receipt of the initially submitted
application. The Township shall advise the applicant in writing of
its 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 above-stated
guidelines.
K.
Timing of approval for modification or co-location of WCFs. Within
30 calendar days of the date that an application for modification
or co-location of a WCF on a wireless support is filed with the Township,
the Township shall notify the applicant in writing of any information
that may be required to complete such application, including the law,
ordinance, or code section authorizing such request. If, after additional
information is submitted, the Township finds the additional information
to be insufficient, the Township may send a second written request
within 10 days of the subsequent submission. All applications for
modifications or co-locations of WCFs shall be acted upon within 60
days of the receipt of the initially submitted application, and the
Township shall advise the applicant in writing of its 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 above-stated guidelines.
L.
Public safety communications. No wireless support or WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
M.
Radio frequency emissions. No wireless support or WCF may, by itself
or in conjunction with other wireless supports and/or 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.
N.
Aviation safety. All wireless supports and WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
O.
Related equipment. Ground-mounted related equipment greater than
three cubic feet shall not be located within 50 feet of a lot in residential
use or zoned residential.
P.
Historic buildings or districts. No structure that could support
the placement or installation of WCFs, may be designated as a wireless
support if it is:
(1)
Listed on either the National or Pennsylvania Register of Historic
Places, or eligible to be so listed.
(2)
Included in the official historic structures and/or historic
districts list maintained by the Township.
(3)
Located within the boundaries of any certified historical district
in the Township.
Q.
Wind. All wireless supports and 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-222-E Code, as amended).
R.
Lighting. All wireless supports shall not be artificially lighted,
except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
S.
Noise. All wireless supports and 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.
T.
Zoning requirements. In addition to the requirements contained in
this article, a wireless support must also comply with the requirements
of the zoning district within which the wireless support is located.
Where conflict exists between the requirements of the zoning district
within which the wireless support is located and this article, this
article shall control.
U.
Indemnification. Each person that owns or operates a wireless support
shall, at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors, arising out of, but not limited
to, the construction, installation, operation, maintenance or removal
of a wireless support and any WCFs attached thereto. Each person that
owns or operates a wireless support 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 wireless support
and any WCFs attached thereto. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
V.
Financial security. Prior to issuance of any permit for the designation,
construction or placement of a wireless support, the applicant shall
provide to the Township financial security in an amount determined
by the Township to be sufficient to guarantee the removal of the wireless
support and/or appurtenances thereto. Said financial security shall
remain in place until the wireless support is removed. For each tower-based
wireless support, the owner shall obtain and maintain financial security
acceptable to the Township Solicitor, in the amount of $100,000 to
assure the faithful performance of the terms and conditions of this
article. For a non-tower wireless support, the owner shall obtain
and maintain financial security in an amount acceptable to the Board
of Supervisors to assure the faithful performance of the terms and
conditions of this article. The financial security shall be provided
by the owner at its own cost and expense, shall be obtained from a
financial institution or surety licensed to do business in Pennsylvania
and shall be maintained throughout the existence of the wireless support.
The financial security shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this article, after reasonable notice
and opportunity to cure. If the removal of the wireless support is
performed by the Township in accordance with other provisions of the
Township Code of Ordinances, the Township shall have the right to
recover any and all reimbursement of the expenses of removal from/against
the financial security. The owner shall file a copy of the financial
security instrument with the Township prior to the issuance of the
building permit. The Township's remedies shall be cumulative, and
in the event that the Township exercises its rights to recovery against
the financial security, the Township shall retain its right to recover
any and all outstanding costs as permitted by the Pennsylvania Municipalities
Planning Code and applicable law, such as an action in equity.
The following regulations shall apply to all tower-based wireless
supports:
A.
Notice. Upon submission of an application for the construction, installation
or designation of a tower-based wireless support, the applicant shall
mail notice to all owners of every property within 500 feet of the
proposed facility. The applicant shall provide proof of the notification
to the Township.
B.
Gap in coverage. Subject to the WBCA, an applicant for the construction,
installation or designation of a tower-based wireless support must
demonstrate that a significant gap in wireless coverage exists with
respect to all wireless operators in the applicable area and that
the type of wireless support being proposed is the least intrusive
means by which to fill that gap in wireless coverage. The existence
or nonexistence of a gap in wireless coverage shall be a factor in
the Township's decision on an application for approval of the construction,
installation or designation of tower-based wireless supports.
C.
Visual or land use impact. Subject to the WBCA, the Township reserves
the right to deny an application for the construction, placement or
designation of any tower-based wireless support based upon adverse
visual and/or land use impact.
D.
Additional antennas. As a condition of approval for all tower-based
wireless supports, the applicant shall provide the Township with a
written commitment that it will allow other service providers to co-locate
antennas on its tower-based wireless support where technically and
economically feasible. Subject to the WBCA, no person shall cause
any additional antennas to be installed without first obtaining the
written approval of the Township.
E.
Signs. All tower-based wireless supports shall be accompanied by
a sign in a location readily visible to any person outside of the
equipment compound identifying the name and phone number of a party
to contact in the event of an emergency. The face of such sign shall
be no larger than six square feet, and the top of such sign shall
be located at a height of no higher than 10 feet from the ground.
F.
Protective covering. All tower-based wireless supports shall be galvanized
and/or painted with a rust-preventive paint of an appropriate color
to harmonize with the surroundings.
G.
Nonconforming uses. Nonconforming tower-based wireless supports 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 article.
H.
Removal of discontinued, unused or abandoned tower-based wireless
support. In the event that the use of a tower-based wireless support
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. Notwithstanding the foregoing, the
Township may deem a tower-based wireless support to be abandoned or
unused after reasonable investigation. Unused or abandoned tower-based
wireless supports or portions thereof shall be removed as follows:
(1)
All unused or abandoned tower-based wireless supports and related
equipment shall be removed by the owner within six months of the cessation
of operations at the site unless a time extension is approved by the
Township.
(2)
If the tower-based wireless support and/or related equipment
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 wireless support and/or related equipment may be removed
by the Township and the cost of removal assessed against the owner
of the tower-based wireless support and/or related equipment.
(3)
Any unused portions of tower-based wireless supports, 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 wireless support previously removed, subject to the
WBCA.
I.
FCC license. Each person that owns or operates a tower-based wireless
support in the Township shall submit a copy of its current FCC license,
including the name, address, and emergency telephone number for the
operator of the facility.
J.
Insurance. Each person that owns or operates a tower-based wireless
support in the Township shall provide the Township with a certificate
of insurance evidencing comprehensive general liability coverage in
the minimum amount of $2,000,000 per occurrence and property damage
coverage in the minimum amount of $2,000,000 per occurrence covering
the tower-based wireless support.
The following regulations shall apply to tower-based wireless
supports located outside the rights-of-way:
A.
Application required. An application for the construction, installation
or designation of a tower-based wireless support outside of public
rights-of-way shall be treated as an application for a conditional
use to be considered by the Township Board of Supervisors.
B.
Development regulations:
(2)
Site requirements.
(a)
In addition to the requirements contained in this article, a
tower-based wireless support must also comply with the requirements
of the zoning district within which the tower-based wireless support
is located. Where conflict exists between the requirements of the
zoning district within which the tower-based wireless support is located
and this article, this article shall control.
(b)
All tower-based wireless supports shall be located on parcels
of land having a minimum lot size of three acres. Additionally, all
dimensional requirements for the underlying zoning district shall
be complied with and adequate area shall be present to accommodate
the tower-based wireless support, the related equipment, and any other
required building, shelter, security fence and/or buffer plantings.
(3)
Prohibited as a sole use on a lot. A tower-based wireless support
shall not be permitted to be the sole use on a lot which meets the
minimum lot area for the district.
(4)
Combined with another use. A tower-based wireless support may
be permitted on an improved property with an existing use, or an unimproved
property in combination with another use. The existing use on the
property shall be any permitted use in the applicable district, and
need not be affiliated with the communications facility. In the event
that a tower-based wireless support is located on a lot occupied by
other principal structures, the tower-based wireless support, related
equipment, and any other required building or shelter, shall be set
back at least 25 feet from all other buildings and structures on the
lot.
(5)
Minimum setbacks. The tower-based wireless support and the related
equipment or any accompanying utility building shall comply with the
minimum setback requirements for principal buildings of the underlying
zoning district or the setback shall be equivalent to the maximum
height of the proposed tower-based wireless support, whichever setback
is greater.
(6)
Height. Tower-based wireless supports outside the rights-of-way
shall be designed at no more than the minimum functional height. All
applicants must submit documentation to the Township justifying the
total height of the structure. The maximum total height of any tower-based
wireless support located outside the rights-of-way shall not exceed
100 feet, which height shall include all subsequent additions or alterations.
Related equipment shall not exceed eight feet in height. Any height
extensions to an existing tower-based wireless support shall require
prior approval of the Township, subject to the WBCA. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character of the Township.
C.
Co-location not available. An application for a new tower-based wireless
support shall not be approved unless the Township finds that the wireless
communications equipment planned for the proposed tower-based wireless
support cannot be accommodated on an existing or approved wireless
support, or on Township property. Any application for approval of
a tower-based wireless support shall include a comprehensive inventory
of all existing wireless supports and other suitable structures within
a two-mile radius from the point of the proposed tower-based wireless
support, unless the applicant can show to the satisfaction of the
Township that a different distance is more reasonable, and shall demonstrate
conclusively why an existing wireless support or other suitable structure
cannot be utilized.
D.
Design regulations.
(1)
The wireless support shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the applicant shall be subject to the
approval of the Township.
(2)
Any proposed tower-based wireless support shall be designed
structurally, electrically, and in all respects to accommodate both
the applicant's antennas and comparable antennas for future users.
E.
Surrounding environment.
(1)
The applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the wireless support shall
be preserved to the maximum extent possible.
(2)
The applicant shall submit a soil report to the Township complying
with the standards of the ANSI/EIA-222-E (Geotechnical Investigations),
as amended, to document and verify the design specifications of the
foundation of the tower-based wireless support, and anchors for guy
wires, if used.
F.
Fence/screen.
(1)
An eight-foot-high security fence shall completely surround
any tower-based wireless support outside the right-of-way, as well
as guy wires and any building or shelter housing related equipment.
(2)
A screen of evergreen trees planted eight feet on center, and
staggered in two rows, shall be located along the perimeter of the
security fence surrounding a tower-based wireless support. The applicant
shall ensure that the existing vegetation, trees and shrubs located
within proximity to the tower-based wireless support shall be preserved
to the maximum extent possible. Fence gates shall remain accessible.
G.
Related equipment.
(1)
Ground-mounted equipment associated with, or connected to, a
tower-based wireless support shall be underground or screened from
public view using stealth technologies, as described above.
(2)
Related equipment shall be architecturally designed to blend
into the environment in which it is situated and shall meet the minimum
setback requirements of the underlying zoning district.
H.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to tower-based
wireless support. 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 of the tower-based wireless support shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility.
I.
Parking. There shall be two off-street parking spaces for the first
carrier and one additional parking space for each additional carrier
up to a maximum of four parking spaces per tower-based wireless support.
J.
Inspection. The Township reserves the right to inspect any tower-based
wireless support to ensure compliance with the provisions of this
article and any other provisions found within the Township Code or
state or federal law. The Township and/or its agents shall have the
authority to enter the property upon which a wireless support is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
The following regulations shall apply to tower-based wireless
supports located in the rights-of-way:
A.
Application required. An application for the construction, installation
or designation of a tower-based wireless support inside of public
rights-of-way shall be treated as an application for a conditional
use to be considered by the Township Board of Supervisors.
B.
Development regulations.
(1)
(2)
Height.
(a)
Tower-based wireless supports in the ROW shall not exceed 45
feet in height.
(b)
Subject to the WBCA, all height extensions to an existing tower-based
wireless support shall require prior approval of the Township, and
no height extension which constitutes a substantial change shall be
permitted. All increases in the height are cumulative and additional
increases shall not be further permitted. The Township reserves the
right to deny such requests based upon aesthetic and land use impact,
or any other lawful considerations related to the character of the
Township.
C.
Co-location not available. An application for a new tower-based wireless
support in the ROW shall not be approved unless the Township finds
that the proposed wireless communications equipment cannot be accommodated
on an existing wireless support, such as a utility pole or traffic
light pole. Any application for approval of a tower-based wireless
support shall include a comprehensive inventory of all existing wireless
supports and other suitable structures within a one-mile radius from
the point of the proposed tower, unless the applicant can show to
the satisfaction of the Township that a different distance is more
reasonable, and shall demonstrate conclusively why an existing wireless
support or other suitable structure cannot be utilized.
D.
Design regulations.
(1)
The wireless support shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the applicant shall be subject to the
approval of the Township.
(2)
All proposed tower-based wireless supports shall be designed
structurally, electrically, and in all respects to accommodate both
the applicant's antennas and comparable antennas for future users.
E.
Related equipment. Related equipment connected to or associated with
tower-based wireless supports located in the right-of-way shall be
connected to the wireless support or installed underground if located
in the right-of-way or within an easement area located on a privately
owned adjacent lot so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
(1)
Related equipment shall be screened, to the fullest extent possible,
through the use of stealth technology, including decorative features,
to the satisfaction of the Township. Such screening shall maintain
clear sight distance for motorists.
(2)
Any underground vaults related to tower-based wireless supports
shall be reviewed and approved by the Township.
(3)
Any related equipment attached to the tower-based wireless support
shall be attached at a minimum vertical height of no less than 12
feet from the ground.
F.
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based wireless supports in the ROW based on public safety,
traffic management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
G.
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 wireless support in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any wireless support when the Township, consistent
with its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(2)
The operations of the Township or other governmental entity
in the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Township.
H.
Reimbursement for ROW use. In addition to permit fees as described in § 164-152F above, every tower-based wireless support located in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW and all costs incurred by the Township as a result of such activities. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The annual ROW management fee for tower-based wireless supports shall be determined by the Township and authorized by resolution of Township Board of Supervisors.
The following regulations shall apply to all non-tower wireless
supports:
A.
Permit required. All new non-tower wireless supports shall be permitted
upon approval and issuance of zoning and building permits by the Township,
subject to the applicable regulations set forth in this article and
the restrictions and conditions prescribed below.
B.
Prohibited on certain structures. Non-tower wireless supports shall
not be located on single-family residences or any residential accessory
structure.
C.
Visual or land use impact. The Township reserves the right to deny
an application for the construction, placement or designation of any
non-tower wireless support to which this article applies based upon
adverse visual and/or land use impact.
D.
Removal of discontinued, unused or abandoned non-tower wireless support.
In the event that use of a non-tower wireless support 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.
Notwithstanding the foregoing, the Township may deem non-tower wireless
supports to be abandoned or unused after reasonable investigation.
Unused or abandoned non-tower wireless supports or portions thereof
shall be removed as follows:
(1)
All abandoned or unused non-tower wireless supports 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.
(2)
If the non-tower wireless support or related equipment is not
removed within two months of the cessation of operations at a site,
or within any longer period approved by the Township, the non-tower
wireless support or related equipment may be removed by the Township
and the cost of removal assessed against the owner of the non-tower
wireless support and/or related equipment.
E.
Removal and replacement. The removal and replacement of non-tower wireless supports and/or accessory equipment for the purpose of upgrading or repairing the wireless support is permitted, so long as such repair or upgrade does not constitute a substantial change, and subject to the requirements contained in § 164-156D.
F.
Insurance. Each person that owns or operates a non-tower wireless
support 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 the non-tower wireless support.
The following additional regulations shall apply to non-tower
wireless supports located outside the rights-of-way.
A.
Application required. An application for the construction, installation
or designation of a non-tower-wireless support outside of public rights-of-way
shall be treated as an application for a conditional use to be considered
by the Township Board of Supervisors.
B.
Development regulations. Non-tower wireless supports shall be permitted
outside of the Township rights-of-way, subject to the following conditions:
(1)
Location.
(a)
Non-tower wireless supports shall be permitted in the I Industrial,
Village Commercial and R-1A Zoning Districts, provided that such support
is an existing building, chimney, smokestack, water tower or other
tall structure found by the Board of Supervisors to be substantially
similar to the foregoing.
(b)
Tower-based wireless supports shall not be located within 100
feet of the property line of property in any residential use.
(2)
Height.
(a)
The total height of any non-tower wireless support shall not
exceed the maximum height of 45 feet or the maximum height permitted
in the underlying zoning district, whichever is greater.
(b)
Antennas and accessory equipment that are mounted to a non-tower
wireless support may not exceed a height of 10 feet above the height
of the non-tower wireless support.
(c)
The applicants for a non-tower wireless support located outside
the right-of-way must submit documentation to the Township justifying
the total height of the non-tower wireless support, subject to the
WBCA. Such documentation shall be analyzed in the context of such
justification on an individual case-by-case basis.
C.
Co-location not available. An application for a new non-tower wireless
support outside the ROW shall not be approved unless the Township
finds that the proposed wireless communications equipment cannot be
accommodated on an approved wireless support, or on Township property.
Any application for approval of a non-tower wireless support shall
include a comprehensive inventory of all approved wireless supports
and other suitable structures within a two-mile radius from the point
of the proposed non-tower wireless support, unless the applicant can
show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an approved
wireless support or other suitable structure cannot be utilized.
D.
Design regulations.
(1)
Non-tower wireless supports shall employ stealth technology
and be treated to visibly match the supporting structure in order
to minimize aesthetic impact. The application of the stealth technology
chosen by the applicant shall be subject to the approval of the Township.
(2)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(3)
Noncommercial usage exemption. Township citizens utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from the design regulations enumerated in this article.
E.
Related equipment.
(1)
Ground-mounted related equipment connected to or associated
with a non-tower wireless support outside the right-of-way shall be
installed underground or inside the non-tower wireless support, if
feasible. Ground-mounted related equipment that cannot be installed
underground or inside the non-tower wireless support shall be screened
from public view using stealth technology, landscaping and other decorative
features to the satisfaction of the Township. Electrical meter cabinets
shall be screened to blend in with the surrounding area to the satisfaction
of the Township.
(2)
If the applicant proposes to locate the related equipment in
a separate building, the building shall comply with the minimum setback
and other dimensional requirements for the underlying zoning district,
and shall be visually consistent with the character of the surrounding
properties and the surrounding community. A color, architectural perspective
shall be provided to the Township to demonstrate compliance.
(3)
An eight-foot-high security fence and landscaping satisfying
the requirements of this article shall surround any separate communications
equipment building. The landscaping shall consist of a screen of evergreen
trees planted eight feet on center, and staggered in two rows, located
along the perimeter of the security fence.
F.
Vehicular access. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
G.
Inspection. The Township reserves the right to inspect any non-tower
wireless support to ensure compliance with the provisions of this
article 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 non-tower wireless support
is located at any time, upon reasonable notice to the operator and
property owner, to ensure such compliance.
The following additional regulations shall apply to all non-tower
wireless supports located in the rights-of-way:
A.
Location. Non-tower wireless supports in the ROW are permitted in
all zoning districts. The only structures in the right-of-way that
shall be designated by the Township as non-tower wireless supports
shall be existing poles, such as existing utility poles or light poles.
B.
Design regulations.
(1)
The installation of WCFs on non-tower wireless supports located
above the surface grade in the public ROW, including, but not limited
to, those on streetlights and joint utility poles, shall consist of
equipment components having a size that does not constitute a substantial
change and that are compatible in scale and proportion to the wireless
supports upon which they are mounted, subject to the WBCA. All equipment
shall be the smallest and least visibly intrusive equipment feasible.
(2)
Antennas and all related equipment shall be designed to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the non-tower
wireless support upon which they are mounted.
C.
Related equipment. Related equipment connected to or associated with
non-tower wireless supports and WCFs located in the right-of-way shall
be connected to the wireless support or installed underground if located
in the right-of-way or within an easement area located on a privately
owned adjacent lot so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
(1)
Related equipment shall be screened, to the fullest extent possible,
through the use of stealth technology, including decorative features,
to the satisfaction of the Township. Such screening shall maintain
clear sight distance for motorists.
(2)
Any underground vaults related to non-tower wireless supports
and WCFs shall be reviewed and approved by the Township.
(3)
Any related equipment attached to the non-tower wireless support
shall have a minimum vertical height of no less than 12 feet.
D.
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower wireless supports in the ROW based on public safety,
traffic management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
E.
Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a non-tower wireless support in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any wireless support when the Township, consistent
with its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
F.
Reimbursement for ROW use. In addition to the permit fees described in § 164-152F, every non-tower wireless support in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner or authorized user of each non-tower wireless support shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower wireless supports shall be determined by the Township and authorized by resolution of Township Board.
A.
Penalties. Any person violating any provision of this article shall
be subject, upon finding by a magisterial district judge, to a penalty
not exceeding $500 for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this article and any other remedy at law or in equity, the Township
may apply to a court for an injunction or other appropriate relief
at law or in equity to enforce compliance with or restrain violation
of any provision of this article.
B.
Determination of violation. In the event a determination is made
that a person has violated any provision of this article, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the Township
may, in its reasonable judgment, extend the time period to cure, provided
that the person has commenced to cure and is diligently pursuing its
efforts to cure. If the violation has not been cured within the time
allowed, the Township may take any and all actions authorized by this
article and/or federal and/or Pennsylvania law and regulations.
The Township, by granting any permit or taking any other action
pursuant to this article, does not waive, reduce, lessen or impair
the lawful police powers vested in the Township under applicable federal,
state and local laws and regulations.
