Township of Falls, PA Exceptions and Modifications

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Article VI Exceptions and Modifications

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§ 209-49 Area requirements.

§ 209-50 Special exceptions and conditional uses.

§ 209-50.1 Machines or devices for amusement, entertainment and/or rendition of music.

§ 209-50.2 Wireless communications facilities.

§ 209-49 Area requirements.

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space of similar measurements, not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot and the provisions of this chapter shall hold.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirement of the Subdivision and Land Development Ordinance[1] or to implement the Official Map or Comprehensive Plan of the Township, the Code Enforcement Officer shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

[1]

Editor's Note: See Ch. 191, Subdivision and Land Development.

§ 209-50 Special exceptions and conditional uses.

Before a zoning permit, building permit or certificate of occupancy shall be issued for a special exception or conditional use as permitted by this chapter, application shall be made to the Zoning Officer. Said application shall include all information as is required in the Subdivision and Land Development Ordinance[1] as it relates to final plans. The Zoning Officer shall immediately forward a copy of such application to the Secretary of the Planning Commission. The Planning Commission may thereupon review the application and may make recommendations on a special exception to the Zoning Hearing Board at the public hearing on the application and on a conditional use to the Board of Supervisors in writing within 30 days.

Where this chapter provides for special exceptions and conditional uses to be granted or denied by the Zoning Hearing Board or the Board of Supervisors, whichever is applicable, pursuant to expressed standards and criteria, the applicable board shall hear and decide requests for such special exceptions or conditional uses.

Notice of an application for a special exception or for a conditional use shall be given in accordance with the requirements of § 209-65.

Upon review of any application for a special exception or conditional use, the Zoning Hearing Board or Board of Supervisors, whichever is applicable, shall consider and determine, among other things:

(1)

That the proposed change is consistent with the spirit, purpose and intent of this chapter.

(2)

That the proposed special exception or conditional use will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood.

(3)

That all commercial, institutional and industrial parking, loading, access or service areas shall be adequately illuminated at night, and that such lighting, including sign lighting, shall be arranged so as to protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

In granting special exceptions or conditional uses, the applicable Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it deems necessary to implement the purposes of this chapter.

In all applications for special exceptions or conditional uses, the applicant shall have the burden of proving that his application falls within the provisions of this chapter and that the granting of his or her or its application will not be contrary to the public interest.

The applicant shall have 12 months after the time that the special exception or conditional use is granted in which to obtain a building permit for any structure for which the special exception or conditional use was required.

Additional standards.

(1)

Motor vehicle fueling station (conditional use).

(a)

There shall be a minimum of 500 feet between motor vehicle fueling stations located within the boundaries of the Township, which distance shall be measured from the nearest property lines.

(b)

No motor vehicle fueling station shall be located within 500 feet of any firehouse, public or private school, playground, church, hospital, public building or institution.

(c)

All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Fueling pumps and air pumps shall be permitted within the required front yard space of motor vehicle fueling stations but shall be no closer than 50 feet to any ultimate right-of-way. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed or stored outside of an enclosed building.

(d)

No junked motor vehicle or part thereof nor motor vehicles incapable of normal operation upon the highways shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violations of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building, excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed two days and provided that the owners of said motor vehicles are awaiting their repair.

(e)

Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.

(f)

The exterior display, storage and parking of motor vehicles, trailers, boats or any other equipment or supplies to be sold or rented shall not be permitted as part of a service station.

(g)

Motor vehicle fueling stations that are designed as self-service facilities shall:

[1]

Be a minimum of two acres in area.

[2]

Have at least one attendant on duty while the station is open for business, which attendant shall have an unrestricted view of each pump and have instantaneous communication with each customer.

[3]

Utilize only Underwriters' Laboratory approved pumps and dispenser equipment which contain computers within each unit.

[4]

Be equipped with a control panel that permits the immediate activation or deactivation of every gasoline pump.

[5]

Place warning signs in a conspicuous location with each sign stating:

[a]

"Warning: it is unlawful and dangerous to dispense gasoline into unapproved containers."

[b]

"No Smoking."

[c]

"Stop Motor."

[6]

Install a water faucet and provide a water can for refilling radiators and washing off spilled gasoline.

[7]

Install an air tower fully equipped within an air hose and accurate air gauge (which may be removed at owner option when the station is not open).

[8]

Provide for a waiting area for at least 10 cars, in addition to those actually being served at the gasoline pumps.

[9]

Provide one full service pump (serviced by an attendant) for each self-service pump, so that disabled customers and others who desire full service may be accommodated. The installation of a service call button at a self-service pump shall be adequate to meet this requirement.

(2)

Hotel and motel (conditional use).

(a)

Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.

(b)

Each unit of accommodation shall contain a minimum floor area of 400 square feet. Ceilings shall be a minimum of eight feet in height.

(c)

Each unit of accommodation shall include a minimum of two rooms, a bedroom and separate bathroom, which affords privacy to a person within said room and which is equipped with a toilet, a washbasin and a bathtub or shower, all properly connected to approved water and sewer systems.

(d)

There shall be a residence limitation on all guests of 30 days' maximum. The foregoing residency limitation shall not apply to an employee living on the premises.

(3)

Car wash (conditional use).

(a)

All activities must be conducted within a building enclosed on at least two sides, with a roof.

(b)

Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with this use.

(4)

Family day-care homes are subject to the conditional use requirements found in § 209-83 of this chapter.

(5)

Family day-care homes are subject to the conditional use requirements found in § 209-83 of this chapter.

(6)

Group day-care homes are subject to the conditional use requirements found in § 209-84 of this chapter.

(7)

Day-care centers are subject to the conditional use requirements found in § 209-85 of this chapter.

(8)

Reduction in nonresidential parking requirements: see § 209-42J of this chapter.

Additional specific standards for conditional use applications.

(1)

The establishment of the conditional use shall not impede the normal and orderly development and improvement of the surrounding property for uses permitted within the district.

(2)

It shall be the responsibility of the applicant to ensure that there are adequate utilities, access roads, drainage and/or necessary facilities which have been or are being improved.

(3)

Adequate measures shall have been or will be taken by the applicant to provide ingress and egress designed so as to minimize traffic congestion in public streets.

(4)

Plans and drawings, as well as written documentation, shall be submitted so as to assure that the Zoning Ordinance and Subdivision and Land Development Ordinance[2] are complied with and conditions may be imposed which include, but are not limited to:

(a)

Harmonious design of buildings.

(b)

Planting and its maintenance as a sight or sound screen.

(c)

Adequate standards for parking, loading, pedestrian safety and stormwater management.

(d)

Limitations on type and location of lot expansion, building, positions, setbacks, impervious surfaces, lighting signage, outdoor storage, height of building, intensity of use and number of employees and hours of operation.

[2]

Editor's Note: See Ch. 191, Subdivision and Land Development.

[1]

Editor's Note: See Ch. 191, Subdivision and Land Development.

§ 209-50.1 Machines or devices for amusement, entertainment and/or rendition of music.

All such machines shall be located in an area physically separate from the other business operations, either by wall or barrier.

The total area of the machines and required spacing shall occupy no more than 20% of the net floor area of the principal use.

Each machine must be a minimum of one foot from the side of each other, and a space of 3 1/2 feet shall be provided in front of each machine so that a minimum of seven-foot aisles are provided between facing machines.

Table-style machines shall maintain the three-and-one-half-foot and seven-foot spacing in all directions, except if abutting a wall.

§ 209-50.2 Wireless communications facilities.

Purposes and findings of fact.

(1)

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Falls 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.

(2)

By enacting this section, the Township intends to:

(a)

Promote the health, safety and welfare of Township residents and businesses with respect to wireless communications facilities;

(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 wireless communications facilities;

(e)

Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

(f)

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

(g)

Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

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 shall not include "tower-based wireless communications facilities" defined below.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.

DISTRIBUTED ANTENNA SYSTEM (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

EMERGENCY

A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

FCC

Federal Communications Commission.

MONOPOLE

A WCF or site which 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.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCF shall not include support structures for antennas and related equipment.

PERSONS

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that "person" does not include or apply to the Township or to any department or agency of the Township.

RIGHT-OF-WAY or ROW

The surface of and space above and below any real property in the Township in which the Township, Bucks County or the commonwealth 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 Township, Bucks County or the commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township, Bucks County or the commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

STEALTH, TECHNOLOGY

Camouflaging methods applied to wireless communications towers, 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, flag poles and light poles.

SUBSTANTIALLY CHANGE

(1) 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 herein if necessary to avoid interference with existing antennas; or (2) 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.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

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 and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

TOWNSHIP

Township of Falls, Bucks County, Pennsylvania.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

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.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

General requirements for all tower-based wireless communications. The following regulations shall apply to all tower-based wireless communications facilities:

(1)

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American 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. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property.

(2)

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

(3)

Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

(4)

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(5)

Maintenance. The following maintenance requirements shall apply:

(a)

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

(c)

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(6)

Radio frequency emissions. No tower-based WCF may, 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.

(7)

Historic buildings or district. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance in the Falls Township Comprehensive Plan, or is located within the Historic District, as defined by this chapter.

(8)

Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.

(9)

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Township. 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.

(10)

Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

(11)

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.

(12)

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(13)

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(14)

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the applicant in writing of its decision. If additional information is 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.

(15)

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 otherwise comply with the terms and conditions of this section.

(16)

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a)

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

(b)

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(c)

Any unused portions of tower-based 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.

(17)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

(18)

Conditional use. Tower-based WCF shall be permitted by conditional use in all nonresidential zoning districts, subject to the applicant's demonstration that it meets the following standards, in addition to the requirements for tower-based WCFs set forth in this chapter:

(a)

The applicant is licensed by the FCC, or other agency having jurisdiction, to provide wireless communications services.

(b)

Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.

(c)

The applicant demonstrates that the proposed height of the communications tower is the minimum height necessary to perform its function.

(d)

The base of a communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties.

(e)

The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure.

(f)

The applicant shall submit a certification from a Pennsylvania-registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel antenna towers and antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Falls Township Building Code.

(g)

The applicant shall submit a copy of its current FCC license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.

(h)

All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

(i)

The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

(1)

Development regulations:

(a)

Prohibited in certain zones. No tower-based WCF shall be located in residential districts or in the Neighborhood Conservation Residential District, or within 500 feet of a lot in residential use or a residential district boundary.

(b)

Gap in coverage. An applicant for a tower-based WCF 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 WCF 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 tower-based WCFs.

(c)

Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

(d)

Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

[1]

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

[2]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[3]

Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.

(2)

Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

(3)

Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-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 tower or other suitable structure cannot be utilized.

(4)

Design regulations:

(a)

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(b)

Any height extensions to an existing tower-based WCF shall require prior approval of the Township. 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)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(5)

Surrounding environs:

(a)

The WCF applicant shall, where applicable, comply with Chapter 199 of the Township Code, Tree Protection Standards.

(b)

The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI EIA/TIA-222-G, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(6)

Fence/screen:

(a)

A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

(b)

An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

(c)

The WCF applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.

(7)

Accessory equipment:

(a)

Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.

(b)

All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(8)

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 and that the WCF applicant shall not unreasonably withhold such permission. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

(9)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

(10)

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township.

(11)

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

(12)

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

(1)

(2)

Gap in coverage. An applicant for a tower-based WCF 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 WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.

(3)

(4)

Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers 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 tower or other suitable structure cannot be utilized.

(5)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(6)

Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or, in the absence of a curb, the edge of the pavement.

(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)

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

(d)

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(e)

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

(7)

Design regulations.

(a)

(b)

Any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 150 feet. 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)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(8)

Visual or land use impact. The Township reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.

(9)

Additional antennas. As a condition of approval for all tower-based WCFs in the ROW, 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.

(10)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a)

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b)

The operations of the Township or other governmental entity in the right-of-way;

(c)

Vacation of a street or road or the release of a utility easement; or

(d)

An emergency as determined by the Township.

(11)

Compensation for ROW Use. In addition to permit fees as described in § 209-50.2C(17), every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.

[Amended 6-18-2019 by Ord. No. 2019-02]

(12)

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

General requirements for all non-tower wireless communications facilities.

(1)

The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(a)

Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

(b)

Notice. Upon submission of an application for any non-tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

(c)

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any 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.

(d)

Wind. Any non-tower 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-G, as amended).

(e)

Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(f)

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(g)

Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(h)

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the data when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[1]

All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

[2]

If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(i)

Timing of approval. Within 30 calendar days of the date that an application for a non-tower 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. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the 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.

(j)

(2)

The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

(a)

Permitted in All Zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

(b)

(c)

(d)

Wind. Any non-tower 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-G, as amended).

(e)

(f)

Historic buildings. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance, or is located within the Historic District, as defined in the Falls Township Zoning Map.

(g)

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(h)

Maintenance. The following maintenance requirements shall apply:

[1]

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2]

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[3]

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(i)

(j)

Removal. In the event that use of a non-tower 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 WCFs or portions of WCFs shall be removed as follows:

[1]

All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

[2]

If the WCF or accessory facility is not removed within three months of the cessation of operations at a site or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(k)

(l)

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 WCF and once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(m)

Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in all amount of $25,000, for each individual non-tower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

(n)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

Non-tower wireless facilities outside the rights-of-way.

(1)

The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

(a)

Development regulations. Non-tower WCFs shall be co-located on existing structures such as existing buildings or tower-based WCFs subject to the following conditions:

[1]

Such WCF does not exceed a maximum height of 150 feet.

[2]

If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[3]

A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(b)

Design regulations.

[1]

Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2]

Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use approval.

[3]

All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[4]

Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

[5]

Noncommercial usage exemption. The design regulations enumerated in this section shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.

(c)

Removal, replacement, modification.

[1]

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas.

[2]

Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

(d)

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

(e)

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

(1)

Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

(2)

Design requirements:

(a)

WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b)

Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(3)

Compensation for ROW Use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

(4)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(5)

Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, or, in the absence of a curb, the edge of the pavement.

(b)

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(c)

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

(d)

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(e)

Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.

(6)

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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a)

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b)

The operations of the Township or other governmental entity in the right-of-way;

(c)

Vacation of a street or road or the release of a utility easement; or

(d)

An emergency as determined by the Township.

(7)

Visual or land use impact. The Township retains the right to deny an application for the construction or placement of a non-tower WCF based upon visual and/or land use impact.