Township of North Fayette, PA Wireless Communications Facilities

[Ord. No. 477, 5/11/2021]

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of Wireless Communications Facilities (WCF) in the Township. While the Township recognizes the importance of WCFs 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.

By enacting these provisions, the Township intends to:

Accommodate the need for WCFs while regulating their location and number so as to ensure the provision of necessary services.

Provide for the managed development of WCFs in a manner that enhances the benefits of wireless communications and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations.

Establish procedures for the design, siting, construction, installation, maintenance and removal of both communications towers and communications antennas in the Township, including facilities both inside and outside the public ROWs.

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, and other WCFs.

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color, and finish, and by requiring that competing providers of wireless communications services co-locate their communications antennas and related facilities on existing towers.

Promote the health, safety, and welfare of the Township's residents with respect to WCFs.

§ 27-1102 General Standards for All Tower-Based WCFs.

[Ord. No. 477, 5/11/2021]

General and Specific Requirements for Communications Antennas.

The following regulations shall apply to all communications antennas, except those operated by a federally licensed amateur radio status operator:

Permitted by Conditional Use Subject to Regulations. If such placement is not possible, communications antennas are permitted by conditional use in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

Nonconforming Wireless Support Structures. Communications antennas shall be permitted to co-locate upon nonconforming communications towers and other nonconforming structures. Co-location of communications antennas upon existing communications towers is encouraged even if the communications towers are nonconforming as to use within a zoning district. Such applicants must obtain proper Township approvals for nonconformance.

Proof of Ownership or Agreement. The applicant shall include a copy of a written agreement for the use of the structure if the applicant is not the owner the parcel on which the nontower WCF will be constructed.

Standard of Care. All communications antennas 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 ANSI Code, National Electrical Safety Code, and National Electrical Code. Any communications antennas 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.

Height. Any nontower WCF shall be designed at the minimum functional height. All nontower WCF applicants must submit documentation to the Township justifying the total height of the structure.

Building Permit Required. Applicants proposing the modification of an existing nontower WCF shall obtain a building permit from the Zoning Officer. In order to be considered for such permit, the applicant must submit a permit application to the Zoning Officer.

Height. Any nontower WCF shall be designed at the minimum functional height. All nontower WCF applicants must submit documentation to the Township justifying the total height of the structure.

Wind. All communications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the ANSI as prepared by the engineering departments of the ANSI/TIA-222, as amended.

Aviation Safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

Public Safety Communications and Other Communications Services. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio, satellite radio, or other communications services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. A communications antenna shall not, by itself or in conjunction with other communications antennas and/or communications towers, 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.

Removal. In the event that use of a communications antenna 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 communications antennas or portions of communications antennas shall be removed as follows:

(1)

All abandoned or unused communications antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

(2)

If the communications antenna or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the communications antenna and/or related equipment may be removed by the Township and the cost of removal assessed against the owner of the communications antenna.

Insurance. Each person that owns or operates a communications antenna 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 communications antenna.

Indemnification. Each person that owns or operates a communications antenna 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 communications antenna. Each person that owns or operates a communications antenna 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 communications antenna. 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.

Modifications. Applicants proposing the modification of any tower-based WCF shall submit a building permit application to the Township and shall not commence such modifications until the complete application has been received by the Township.

Historic Buildings. No nontower WCFs may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance. The Board of Supervisors may, in its discretion, waive this prohibition if the applicant can demonstrate that the proposed location is less visually intrusive than other potential sites.

Timing of Approval. All applications shall be reviewed in accordance with applicable PA UCC and PA MPC timing provisions. Generally, within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 60 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 WCF applicant, in writing, of such decision. The Township shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[1]

[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF.

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 chapter. 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.

Engineer Signature. All plans and drawings for all nontower WCFs shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

(1)

The communications antenna 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.

§ 27-1103 Regulations That Fall Under the Pennsylvania Wireless Broadband Collocation Act.

[Ord. No. 477, 5/11/2021]

The following regulations shall apply to co-located communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:[1]

Permit Required. Communications antenna applicants proposing the modification of an existing communications tower shall obtain a building permit from the Township. In order to be considered for such permit, the applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

Timing of Approval for Applications That Fall Under the WBCA. Within 30 calendar days of the date that an application for a communications antenna 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 60 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. The Township shall notify the applicant as to completeness of the application within 30 days of receipt.

Related Equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or residential zoning district.

[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

§ 27-1104 Regulations That Do Not Fall Under the Pennsylvania Wireless Broadband Collocation Act.

[Ord. No. 477, 5/11/2021]

The following regulations shall apply to co-located communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act:[1]

Prohibited on Certain Structures. No communications antenna shall be located on single-family residences, duplexes, multifamily residences, or townhomes.

Conditional Use Required. Any applicant proposing the construction of a new communications antenna, or the modification of an existing communications antenna, shall first obtain conditional use authorization from the Township. New constructions, modifications, and replacements that fall under the WBCA shall not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions of this chapter.

Historic Buildings or Districts. No communications antenna may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Township.

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

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 communications antenna, as well as related inspection, monitoring and related costs. Such fees shall be listed on the Township Fee Schedule that is reviewed annually by the Board of Supervisors and periodically adjusted.

Development Regulations. Communications antennas shall be co-located on existing wireless support structures, such as existing buildings or communications towers, subject to the following conditions:

The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the applicant applies for, and subsequently obtains, a variance.

In accordance with industry standards, all communications antenna applicants must submit documentation to the Township justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.

If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site.

A security fence with a minimum height of four feet and maximum height of eight feet, with openings no greater than four inches, 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.

Noncommercial Usage Exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio, satellite radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section. Amateur radio operators are exempt from the regulations enumerated in this chapter.

Design Regulations. Communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.

10.

Removal, Replacement, and Modification.

The removal and replacement of communications antennas and/or related equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the communications antenna or the number of antennas.

To the extent permitted by state law, any material modification to a communications antenna shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.

11.

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.

12.

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

13.

Prior to the issuance of a conditional use authorization, the owner of a communications antenna 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 Manager in an amount of $20,000 to assure the faithful performance of the terms and conditions of this chapter. 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 chapter, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township.

[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

§ 27-1105 Regulations Applicable to All Communications Antennas Located in the Public Rights-of-Way.

[Ord. No. 477, 5/11/2021]

In addition to the communications antenna provisions listed in § 27-1102, the following regulations shall apply to communications antennas located in the public ROWs:

Co-Location. Communications antennas in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the Township's approval, shall locate its communications antennas on existing poles or freestanding structures that do not already act as wireless support structures.

Design Requirements.

Communications antenna installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and 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.

Communications antennas and related equipment shall be treated by the communications antenna owner or applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, Place, and Manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all communications antennas 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.[1]

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

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

Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

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

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.

Any proposed underground vault related to communications antennas shall be reviewed and approved by the Township.

Relocation or Removal of Facilities. Within two months 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 communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna 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:

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

The operations of the Township or other governmental entity in the ROW;

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

An emergency as determined by the Township.

§ 27-1106 General and Specific Requirements for All Communications Towers.

[Ord. No. 477, 5/11/2021]

The following regulations shall apply to all communications towers, excluding any communications tower that is owned and operated by a federally licensed amateur radio status operator.

Standard of Care. Any communications towers 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 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 communications towers 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.

Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing in front of the Board of Supervisors, the Township shall follow procedures governing conditional use proceedings, including the appropriate notification of Township residents.

Conditional Use Authorization Required in Certain Zoning Districts. Communications towers are permitted by conditional use in certain Zoning Districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for the service area.

Prior to the conditional use hearing authorizing the construction and installation of communications tower, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Board of Supervisors that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s), and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed communications tower must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

The conditional use application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all state and federal laws and regulations concerning aviation safety.

Where the communications tower is located on a property with another principal use, the applicant shall present documentation to the Board of Supervisors that the owner of the property has granted an easement for the proposed communications tower and that vehicular access will be provided to the facility.

The conditional use application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions in this section.

Proof of Ownership or Agreement. The applicant shall include a copy of a written agreement for use of the land if the applicant is not the owner the parcel on which the tower-based WCF will be constructed.

Related Equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in residential use or residential zoning district.

Engineer Inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a communications tower, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use hearings, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

Visual Appearance. Communications towers shall employ stealth technology. All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Supervisors 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; benefit neighboring properties by preventing 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 principals, practices, and techniques.

Co-location and Siting. An application for a new communications tower shall demonstrate that the proposed communications tower cannot be accommodated on an existing or approved structure or building, or land owned and maintained by the Township. The Board of Supervisors may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount the communications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 0.25 of a mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied for one of the following reasons:

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

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

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.

Permit Required for Modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which increases the overall height of such wireless support structure, shall first obtain a building permit from the Township. Nonroutine modifications shall be prohibited without such permit.

10.

Gap in Coverage. An applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower 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 Board of Supervisors' decision on an application for approval of a communications tower.

11.

Additional Antennas. As a condition of approval for all communications towers, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Township.

12.

Wind. Any communications tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the ANSI/EIA/TIA-222, as amended.

13.

Height. Any communications tower shall be designed at the minimum functional height. In all zoning districts, the maximum height of any new communications tower shall be 200 feet.

14.

Related Equipment. Either a one-single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing space on the communications tower.

15.

Public Safety Communications and Other Communications Services. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

16.

Maintenance. The following maintenance requirements shall apply:

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

Such maintenance shall be performed to ensure the upkeep of the communications tower in order to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents.

17.

18.

Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other communications towers or communications antennas, 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.

19.

Historic Buildings or Zoning Districts. A communications tower shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.

20.

Signs. All communications towers 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 communications tower shall be those required by the FCC, or any other federal or state agency.

21.

Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Automatic lighting is prohibited, and all lighting must be controlled manually by an on-site switch. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Manager.

22.

Noise. Communications towers 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.

23.

Aviation Safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

24.

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

25.

Timing of Approval. Within 30 calendar days of the date that an application for a communications tower 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 communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the Township shall advise the applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

26.

Nonconforming Uses. Nonconforming communications towers 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.

27.

Removal. In the event that use of a communications tower 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 communications towers or portions of communications towers shall be removed as follows:

All unused or abandoned communications towers and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

If the communications towers and/or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the communications towers and related equipment may be removed by the Township and the cost of removal assessed against the owner of the communications tower.

Any unused portions of communications towers, including antennas, shall be removed within two months of the time of cessation of operations. The Township must approve all replacements of portions of a communications tower previously removed.

28.

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 communications tower, as well as related inspection, monitoring, and related costs. Such fees shall be listed on the Township Fee Schedule that is reviewed annually by the Board of Supervisors and periodically adjusted.

29.

FCC License. Each person that owns or operates a communications tower over 35 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

30.

Insurance. Each person that owns or operates a communications tower greater than 35 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 35 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.

31.

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 chapter. 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.

32.

Indemnification. Each person that owns or operates a communications tower 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 communications tower. Each person that owns or operates a communications tower 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 the communications tower. 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.

33.

Engineer Signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

34.

Bond. Prior to the issuance of a conditional use authorization, the owner of a communications tower 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 Manager in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. 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 chapter, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township.

§ 27-1107 Regulations That Shall Apply to Communications Towers Located Outside of the Public Right-of-Way.

[Ord. No. 477, 5/11/2021]

Development Regulations.

Location. Communications towers shall not be located in, or within 75 feet of an area in which all utilities are located underground.

Communications towers are permitted outside the public ROWs, subject to the prohibition in § 27-1102, in the following zoning districts:

(1)

R-1 Single-Family Residential.

(2)

I-1 Light Industrial District.

(3)

I-2 Heavy Industrial District.

Site Requirements. A tower-based WCF may be located as permitted in the district regulations or the general standards for accessory structures, as set forth in this Part 11.

Sole Use on a Lot. A communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in this chapter. There shall not be more than one communications tower permitted per lot.

(1)

Minimum Lot Area. The minimum lot area 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 if the proposed WCF is greater than 50 feet in height.

(2)

Minimum Setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district. In addition, the minimum setback for the tower shall be a distance that is at least equal to 1.5 times the height of the tower.

Combined with Another Use. A communications tower 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:

(1)

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

(2)

Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed communications tower is greater than 35 feet in height.

(3)

Minimum Setbacks. The minimum distance between the base of a communications tower and any adjoining property line or street ROW line shall be equal to 115% of the height of the communications tower. The underlying lot must be large enough to accommodate related equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a communications tower.

Co-Location and Siting. An application for a conditional use for a new tower-based WCF shall not be approved unless the Board of Supervisors finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or on Township property. Any application for a conditional use 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 Board of Supervisors that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.

Design Regulations.

The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the Board of Supervisors.

To the extent permissible by law, any height extensions to an existing communications tower shall require prior approval of the Township.

Any proposed communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's communications antennas and comparable communications antennas, for the maximum amount of future users based on the size of the proposed communications tower.

Any communications tower over 35 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

Surrounding Environments.

The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications tower shall be preserved to the maximum extent possible.

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

Fence/Screen.

A security fence with a minimum height of four feet and a maximum height of eight feet, with openings no greater than four inches, shall completely surround any communications tower greater than 35 feet in height, as well as guy wires, or any building housing related equipment.

A landscaping screen of evergreen trees planted 10 feet on center and a minimum six feet in height shall be required. Existing vegetation shall be preserved to the maximum extent possible.

Related Equipment.

Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technologies, as described above.

All related equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.

Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Access Road. An access road, turnaround space, and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Parking. For each communications tower greater than 35 feet in height, there shall be two off-street parking spaces.

Inspection. The Township reserves the right to inspect any communications tower to ensure compliance with this chapter 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 communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

§ 27-1108 Regulations That Shall Apply to Communications Towers Located Inside of the Public Right-of-Way.

[Ord. No. 477, 5/11/2021]

Location and development standards.

Communications towers in the ROW shall not exceed 35 feet in height and are prohibited in areas in which utilities are located underground.

Communications towers shall not be located in the front facade area of any structure.

Communications towers shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district. A list of such permitted roads is kept on file at the Zoning Officer and is adopted by the Board of Supervisors on a semiannual basis via resolution.

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 in the ROW.

Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail the applicant notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township.

Co-location and Siting. 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.

Time, Place, and Manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all communications towers 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.[1]

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

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

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

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

Any underground vaults related to communications towers shall be reviewed and approved by the Board of Supervisors.

Design Regulations.

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

Communications towers in the public ROW shall not exceed 35 feet in height.

To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the Township and shall not increase the overall height of the communications towers to more than 35 feet.

Any proposed communications towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's communications antennas and comparable communications antennas the maximum amount of future users based on the size of the proposed communications tower.

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.

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 communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower 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 ROW;

The operations of the Township or other governmental entity in the ROW;

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

An emergency as determined by the Township.

10.

Reimbursement for ROW Use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the Township's right to fix annually a fair and reasonable fee 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 communications tower 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.

§ 27-1109 Miscellaneous.

[Ord. No. 477, 5/11/2021]

Police Powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.

Severability. If any section, subsection, sentence, clause, phrase, or word of this chapter is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not render the remainder of this chapter invalid.