Township of Reserve, PA Accessory Uses

Small Wind Energy Systems for the purpose of serving residential or commercial buildings on site shall be permitted as an accessory use in all residential and commercial districts subject to the requirements of this section.

Plan. The structure employed shall be subject to plan approval by the Reserve Township Board of Commissioners. The site plan shall be drawn to be an appropriate scale and shall provide construction details and show the location of all existing public roads, existing structures, utility line and all structures, facilities and power lines to be constructed on the site, as well as identifying adjoining property owners, and the location of any structures on adjoining properties within 100 feet of the common property lines.

Compliance with Uniform Building Code and Uniform Construction Code. Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code, the Uniform Construction Code and certified by a licensed professional engineer shall also be submitted for Township approval. Wet stamps shall not be required.

Approved wind turbines. Residential wind turbines must be approved under an Emerging Technology program such as the California Energy Commission, IEC or other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

Compliance with FAA regulations. Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

Compliance with National Electric Code. Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and the Uniform Construction Code.

Utility notification. No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Towers. For lots smaller than one-half acre, small wind energy systems shall be roof-mounted and cannot be higher than 45 feet above the ground to the highest point of the rotor or blade. The maximum rotor radius for a small turbine shall be six feet with a maximum diameter of 12 feet. For lots that exceed one-half acre, the tower height shall be limited to 60 feet in height or no more than 20 feet above the tree line as measured from the elevation of the ground at the base of the tower, before placement of fill, to the top of the blade, whichever is lower. In no event shall tower height exceed 42% of the width of the lot on which they are located.

Setback. No part of the small wind energy system structure, including any guide wire anchors, may extend closer than 10 feet to the property boundaries of the installation site. Small wind energy towers shall be set back a distance equal to 1 1/2 times the total height of the turbine from all inhabited off-site structures, overhead utility lines, public roads, and rights-of-way. Other facilities must follow generally applicable setbacks within the particular zoning district.

No more than one tower shall be located upon a property or serve a single commercial or residential structure.

Clearance of the blade. No portion of the small energy wind system shall extend within 20 feet of the ground. No blades shall extend over parking areas, driveways or sidewalks.

Automatic overspeed controls. All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

Sound. Noise from small wind energy systems shall not exceed 50dB as measured at the closest neighboring inhabited dwelling or 10dB above ambient noise in any one hour, whichever is higher. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

Lighting. No tower shall be permitted that requires any form of lighting or illumination under federal, state, or local laws.

Wiring. All wiring from the tower to the residence must be installed underground.

(16)

Appearance. The small wind energy system, including tower and turbine, shall have a flat finish as applied by the manufacturer, with the objective being to have it appear as inconspicuous as possible.

(17)

Insurance. The property owner shall maintain insurance coverage in an amount sufficient in coverage for any damage to person or property resulting from the installation and operation of the small wind energy system.

(18)

Removal. Any time a small wind energy system becomes inoperable and is not put back into service within six months after receiving written notification from the Township enforcement officer, the applicant must remove the turbine, tower, and all related facilities at applicant's sole cost and expense.

(19)

Miscellaneous. The property owner shall construct and maintain the small wind energy system, tower, and turbine included, in a safe and neat condition so as not to present a danger or an unsightly appearance to neighbors. Any property owner receiving site plan approval shall allow annual inspections by the Township Building Inspector or Township Engineer of the small wind energy system and, if required by the Township Building Inspector or Engineer, shall provide a verified report of a qualified contractor as to the structural integrity of the system, including turbine, tower, and related assembly. Failure to provide a certified report within 60 days of written notice from the Township shall result in the termination of the authorization to maintain the small wind energy system and may subject the property owner to an order for immediate removal of the tower.

[Added 7-18-2022 by Ord. No. 689]

Regulations applicable to all wireless communications facilities. The following regulations shall apply to all wireless communications facilities.

Standard of care.

All WCFs shall meet all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail.

If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such WCFs into compliance shall constitute grounds for revocation of the WCF permit and removal of the WCF at the owner's expense.

Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer licensed in the Commonwealth of Pennsylvania.

Eligible facilities requests. Eligible facilities requests shall be submitted to the Township Zoning Officer and shall be approved by the Township upon a showing that the proposed modification does not substantially change the physical dimensions of the WCF. Any such request shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100.

Substantial change. Any substantial change to a WCF shall require notice to be provided to the Township Zoning Officer, and shall be treated as an application for a new WCF in accordance with the Township Code.

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 requirements of this § 430-94.1.

Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice 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/TIA-222, as amended), or to the industry standard applicable to the structure.

Aviation safety. All WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

Noise. 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 as permitted by the Township.

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 WCF, as well as related inspection, monitoring, and other costs. Such permit fees shall be established by the Township fee schedule.[1]

Editor’s Note: Said fee schedule is on file in the Township offices.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this subsection 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.

Recertification. The owner of a WCF shall submit documentation certifying that the WCF is in operation and remains in compliance with all applicable requirements every five years after approval of the initial permits for the WCF. If the Township determines that the WCF remains in compliance with all applicable regulations, the WCF permit shall be renewed. If a WCF permit is not renewed as required, the WCF shall be deemed abandoned and may be removed in accordance with Subsection A(16) below.

Insurance.

Each person that owns or operates a co-located WCF or small WCF 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 WCF.

Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the WCF.

Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(16)

Abandonment; removal. In the event that use of a WCF is 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. WCFs that have not been operated for a period of six months or WCFs whose permits have expired without renewal shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:

All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.

If the WCF or accessory equipment is not removed within 90 days 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 regardless of the owner's or operator's intent to operate the WCF in the future.

Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of six months.

(17)

Maintenance. The following maintenance requirements shall apply:

All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to preserve the safety and security of the Township's residents and in accordance with all applicable Township, state and federal regulations.

All maintenance activities shall utilize the best available technology for preventing failures and accidents.

(18)

Timing of approval. The following table details the applicable time frame of approval for each type of WCF application:

Type of WCF/Application	Notice of Incompleteness	Final Decision
Co-located WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	90 total calendar days from receipt of initial application
Eligible facilities request	30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices	60 total calendar days from receipt of initial application
Small WCF (co-located)	10 business days from receipt of initial or supplemental application	60 total calendar days from receipt of initial application
Small WCF (new or replacement wireless support structure)	10 business days from receipt of initial or supplemental application	90 total calendar days from receipt of initial application
Tower-based WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	150 total calendar days from receipt of initial application

Additional regulations applicable to co-located wireless communications facilities. The following regulations shall apply to all co-located WCFs.

Small WCF exemption. Co-located WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 430-94.1B. Such small WCFs shall be subject to applicable permitting and the requirements of § 430-94.1A and D.

Permitted in certain districts.

Co-located WCFs shall be permitted outside the public rights-of-way as a special exception in the following zoning districts subject to the requirements of this § 430-94.1B:

R-1 Single Household Residential.

R-2 Two Household Residential.

R-3 Multi Household Residential.

R-4 Trailer Household Residential.

Co-located WCFs shall be permitted by right outside the public rights-of-way in the following zoning districts subject to the requirements of this § 430-94.1B:

C-1 Neighborhood Commercial.

C-2 General Commercial.

LI Light Industrial.

Application procedures.

Applications for co-located WCFs shall be submitted to the Township Zoning Officer and reviewed for conformance with the requirements of this § 430-94.1 by the Township Zoning Officer or Township Zoning Hearing Board, as appropriate.

All applications for co-located WCFs shall include the following information:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed co-located WCF.

A cover letter detailing the location of the proposed site, all equipment being proposed as part of the co-located WCF, and a certification that the WCF applicant has included all information required by the Township Zoning Ordinance, signed by a representative of the WCF applicant.

A site plan, drawn to scale, showing property boundaries, power location, total height of the co-located WCF, the entirety of the structure upon which the co-located WCF will be located, and accessory equipment locations.

A copy of the written agreement with the owner of the structure or other evidence showing that the WCF applicant has been granted permission to co-locate its co-located WCF on the structure.

[5]

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the co-located WCF.

[6]

If the co-located WCF is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.

[7]

The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the co-located WCF.

[8]

An aerial photograph of the proposed site showing the area within 500 feet of the co-located WCF. The aerial photograph shall identify all structures within such radius.

[9]

Photo simulations depicting the co-located WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the co-located WCF.

[10]

A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed co-located WCF and supporting structure are structurally sound and shall not endanger public health and safety.

[11]

A report by a qualified engineering expert which shows that the co-located WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.

[12]

Certificates of insurance as required by § 430-94.1A(14).

[13]

A certification of the application's compliance with all requirements of this § 430-94.1.

[14]

All application fees required by the Township as detailed in the Township fee schedule.[2]

Editor’s Note: Said fee schedule is on file in the Township offices.

Development regulations.

Any co-located WCF which is proposed to be mounted on an existing building or structure, other than an existing tower-based WCF, shall not exceed the height of the building or structure by more than 15 feet.

WCF applicants must submit documentation to the Township showing that the proposed co-located WCF is designed to be the minimum height technically feasible and justifying the total height of the co-located WCF.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall be subject to the height and setback requirements for commercial accessory buildings.

Any accessory equipment necessary for the operation of the co-located WCF that is located on the ground shall be enclosed with at minimum a six-foot-high chain-link fence and shall be landscaped so as to screen the equipment from abutting properties.

Stealth technology. All co-located WCFs shall employ stealth technology and be treated to match the structure on which they are co-located in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township Zoning Hearing Board.

Prohibited on certain structures. No co-located WCF shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.

Third-party structures. Where a co-located WCF is proposed for co-location on a structure that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Township Zoning Hearing Board that the owner of the structure has authorized co-location of the proposed co-located WCF.

Historic buildings. No co-located WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or located within an historic district.

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 at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF 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.

Additional regulations applicable to tower-based wireless communications facilities. The following regulations shall apply to all tower-based WCFs.

Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 430-94.1C. Such small WCFs shall be subject to applicable permitting and the requirements of § 430-94.1A and D.

Tower-based WCFs are permitted outside the public rights-of-way in the LI Light Industrial District as a special exception, subject to the requirements of this § 430-94.1.

Special exception required. The special exception application for a tower-based WCF shall comply with the following requirements:

Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Zoning Hearing Board along with the list of return receipts received.

The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The special exception application shall include evidence that a significant gap in wireless coverage or capacity exists 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 Zoning Hearing Board's decision on an application for approval of tower-based WCF.

(e)

Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and any vehicular access that will be provided to the facility.

(f)

The special exception application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF, as designed, is structurally sound and certifying the proposed plan for the construction of the foundation and the erection of the structure.

(g)

An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing structure. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the wireless antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install a wireless antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed WCF would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The WCF would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(h)

The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this § 430-94.1.

Development regulations.

Tower-based WCFs shall not be located in, or within 100 feet of, an area in which all utilities are located underground.

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size requirements of this section.

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 use, except residential, subject to the following conditions:

The existing use of the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

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.

Historic buildings. No tower-based WCF may be located within 100 feet of any property, building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or located within an historic district.

Design regulations.

Height. Any tower-based WCF shall be designed at the minimum functional height. The WCF applicant shall demonstrate, using technological evidence, that the proposed height of the tower-based WCF is the minimum height necessary to function effectively. In no case shall the height of a new tower-based WCF exceed 150 feet.

Visual appearance and land use compatibility.

Tower-based WCFs shall employ stealth technology, which may include the wireless support structure being painted silver, having a galvanized finish or being painted green up to the height of adjacent trees in order to reduce visual impact.

The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

The WCF applicant shall demonstrate that the proposed tower-based WCF is safe and that surrounding areas will not be negatively affected by wireless support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

Anticlimbing device. If deemed necessary by the Zoning Hearing Board, a tower-based WCF shall be equipped with an anticlimbing device, as approved by the manufacturer.

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed height of the tower-based WCF, unless the applicant shows to the satisfaction of Zoning Hearing Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety. Guy wires shall meet the dimensional yard requirements of the underlying zoning district.

Surrounding environs. The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

Fence/screen. The tower-based WCF site and any accessory equipment buildings or cabinets shall be completely enclosed by at least a six-foot-high chain-link or similar fence with self-latching gate to limit accessibility to the general public.

Accessory equipment.

Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.

Accessory equipment associated with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to be concealed from public view to the maximum extent possible and be compatible with the architecture of surrounding buildings, structures or landscape.

Additional wireless antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate WCFs on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional WCFs without complying with the applicable requirements of this § 430-94.1.

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the WCF.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.

Repair of nonconforming tower-based WCF. 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 § 430-94.1.

Additional regulations applicable to small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:

Location requirements. Small WCFs shall be a permitted use in all Township zoning districts, subject to the requirements of this § 430-94.1 and generally applicable permitting as required by the Township Code.

Application procedures.

Applications for small WCFs shall be submitted to the Township Zoning Officer.

Applications for small WCFs shall include the following:

The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

[a]

If the small WCF is proposed for location on an existing structure or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.

[b]

If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

[5]

An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

[6]

Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

[7]

A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

[8]

A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.

[9]

A certificate of insurance as required by § 430-94.1A(14).

[10]

Certification of the application's compliance with all requirements of this § 430-94.1D.

[11]

All application fees required by the Township as detailed in the Township fee schedule.[3]

Editor’s Note: Said fee schedule is on file in the Township offices.

Resubmission upon denial.

If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.

The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.

Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable time frame under § 430-94.1A(18) shall be extended by 15 days.

Exempt activities. The Township shall not require an application for the following:

Routine maintenance or repair work.

The replacement of small WCFs with small WCFs that are substantially similar or the same size or smaller and still qualify as small WCFs.

The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.

Co-location priority. It shall be a priority of the Township that small WCFs be co-located when technically feasible. No application for a small WCF requiring a new or replacement wireless support structure shall be approved absent a showing that the WCF applicant sought to co-locate on an existing structure and that such co-location was found to be technically infeasible.

Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Zoning Office.

Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the right-of-way (ROW) based on public safety, traffic management, physical burden on the ROW, and related considerations.

Attachment to municipal structures. Co-location of small WCFs on structures owned by the Township shall be permitted in accordance with the hierarchy detailed in this section, unless directed otherwise by the Township Code Enforcement Officer. If the WCF applicant is proposing the co-location of a small WCF on a lower-priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher-priority structure or wireless support structure owned by a third party is not technically feasible. In order from most preferable to least preferable, the Township's co-location preferences are as follows:

Power poles;

Traffic signage poles without traffic signals;

Decorative light poles;

Traffic signal poles.

Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Township.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

Relocation or removal of facilities. Within 90 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 small 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:

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

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

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

An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.

Time limit for completion of construction. The proposed co-location, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the date on which the permit was originally issued unless the Township and the WCF applicant agree, in writing, to extend the period.