[Added 4-4-2022 by Ord. No. 2022-04]
Purposes and findings of fact.
A.
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Westtown Township (referred to herein as the "Township").
While the Township recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the Township also recognizes that it has
an obligation to protect public safety and to minimize the adverse
visual effects of such facilities through the standards set forth
in the following provisions.
B.
By enacting these provisions, the Township intends to:
(1)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(5)
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 commercial communications antennas and related
facilities on existing towers;
(6)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations; and
(7)
Promote the health, safety and welfare of the Township's residents.
As used in this article, the following terms shall have the
meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
To install, mount, maintain, modify or replace one or more
WCFs, including antennas, on an existing utility pole or other wireless
support structure.
Any of the following:
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
A provider of information service as defined in Section 3(20)
of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
A wireless provider.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that:
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
A small wireless facility that:
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
Each antenna associated with the deployment is no more than
three cubic feet in volume.
The volume of all other equipment associated with the wireless
facility, whether ground- mounted or pole-mounted, is cumulatively
no more than 28 cubic feet. Any equipment used solely for the concealment
of the small wireless facility shall not be included in the calculation
of equipment volume under this subsection.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof- mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless facility or its design or site location
can be implemented without a material reduction in the functionality
of the small wireless facility.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCF
shall include small wireless facilities but shall not include support
structures for antennas or any related equipment that is mounted to
the ground or at ground level.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCF.
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in this commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless services
provider.
A wireless infrastructure provider or a wireless services
provider.
Services, whether at a fixed location or mobile, using a
licensed or unlicensed spectrum, provided to the public using wireless
facilities.
A person who provides wireless services.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure, that could
support the placement or installation of a wireless communications
facility if approved by the Township.
A.
The purpose of this section is to establish procedures and standards,
consistent with all applicable federal and state laws, for the consideration,
permitting, siting, construction, installation, co-location, modification,
operation, regulation and removal of small wireless facilities (SWF)
in the public right-of-way of streets and roads. The intent of this
section is to:
(1)
Establish basic criteria for applications to install and/or
co-locate SWF in the public right-of-way;
(2)
Ensure that SWF are appropriately designed, constructed, modified,
maintained, and removed when no longer in use in conformance with
all applicable health and safety regulations;
(3)
Preserve the character of the Township by minimizing the potentially
adverse visual impact of SWF through careful design, siting, landscaping
and camouflaging techniques to blend these facilities into their environment
to the maximum extent practicable;
(4)
Establish an application process and structure for payment of
fees and charges to be uniformly applied to all applicants, operators
and owners of SWF for such facilities;
(5)
Comply with, and not conflict with or preempt, all applicable
state and federal laws, as may be amended or superseded, and all FCC
rules and regulations to interpret and implement applicable federal
statutes.
B.
Applicability. Subject to the provisions of this article and granting
of the required permits, an applicant may locate and/or co-locate
a SWF and construct, maintain, modify, operate, or replace wireless
support structures in, along, across, upon, and under a public right-of-way.
(1)
An applicant and/or operator shall comply with this article
and any rules, regulations, and design guidelines adopted by the Township
that are consistent with this article for the installation and/or
co-location of a SWF and construction, maintenance, modification,
operation, or replacement of wireless support structures in, along,
across, upon, and under the public rights-of-way, unless otherwise
prohibited by state or federal law.
(2)
All SWF shall be constructed and maintained so as not to impede
or impair public safety or the legal use of the public right-of-way
by the Township, the traveling public, or other public utilities.
(3)
Nothing in this chapter precludes the Township from applying
its generally applicable health, safety, and welfare regulations when
acting on an application for a permit for a SWF in the public right-of-way.
C.
Application required. An applicant must apply to the Township to
locate a new SWF and/or co-locate any portion of a SWF on an existing
wireless support structure or to construct, maintain, modify, operate,
or replace wireless support structures in, along, across, upon, and
under the public right-of-way. Anyone seeking to perform any of these
actions shall first duly file a permit application with the Township,
in accordance with the requirements of this chapter and additional
requirements as set forth in the small wireless facilities design
guidelines as adopted by resolution and which may be modified from
time to time by further resolution.
D.
Permit required. No person shall occupy or use the public right-of-way
without first obtaining the required permit from the Township as described
in this article. Before placing SWF in the public right-of-way, an
owner must apply for and receive a permit. This provision shall not
be construed to waive any application fees or any other construction
or work permit necessary for work in the Township. While notice to
the Township is required, a permit from the Township shall not be
required for routine maintenance or same-size and -type replacement
of small wireless facilities that do not interfere with pedestrian
or vehicular traffic.
E.
Required application materials. Unless otherwise required by state
or federal law, all applicants shall submit to the Township all materials
and information associated with each application as outlined below
for the application to be considered complete:
(1)
The applicant's name, address, telephone number and email address;
(2)
The facility owner's name, address, telephone number and email
address, if different from the applicant;
(3)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application and, if warranted, written
authorization for those consultants to speak on behalf of the applicant.
(4)
A description of the small wireless facilities being proposed
in order for the Township to verify that the proposed facilities are
small wireless facilities as specifically defined by the FCC;
(5)
A mapping showing the exact location of the proposed small wireless
facilities in the case of multisite applications and photo simulations/depictions
of the type and style of the proposed small wireless facilities in
accordance with the Township's small wireless facility design guidelines.
(6)
A description of the proposed scope of work for the location
or co-location of the SWF. The scope and detail of such description
shall be appropriate to the nature and character of the work to be
performed, with special emphasis on those matters, including but not
limited to subsurface utilities, likely to be affected or impacted
by the work proposed;
(7)
Verification that the SWF shall comply with this article, including
all applicable small wireless facilities design guidelines;
(8)
Verification of payment of the application fees, annual municipal
consent or administrative fee for use of public rights-of-way and
acknowledgment of its continuing annual obligation;
(9)
Evidence the applicant has received any necessary certificate
of public convenience and necessity or other required authority from
the Federal Communications Commission, or a statement that it is not
required;
(10)
A copy of an approved Pennsylvania Department of Transportation
permit and all documents required by PennDOT as part of the encroachment
permit application, if the proposed location is within a PennDOT right-of-way;
and
(11)
The applicant must provide a statement that the applicant has
a lease, attachment agreement or other authorization from the owner
of the wireless support structure proposed for co-location.
F.
Fees and costs.
(1)
Rights-of-way access fees. Each individual applicant will be
subject to an annual rights-of-way access fee if locating within a
Township-owned public right-of-way. Such fees shall not be in excess
of those amounts deemed reasonable by the Federal Communications Commission.
(2)
Application processing costs. Unless otherwise provided by law,
all applications for permits pursuant to this article shall be accompanied
by an application processing cost as follows:
(a)
Application costs for small wireless facilities addressed in
a consolidated application shall be $500, which may include up to
five small wireless facilities, and an additional $100 for each small
wireless facility beyond five, up to and including 20 total small
wireless facilities per one application.
(b)
Application costs of $1,000 for a new pole (not a co-location)
intended to support one or more small wireless facilities. Such costs
may be altered by resolution but only in compliance with state and/or
federal limits upon such costs.
(3)
Compensation. In addition to the applicable fee as specified
above, every permit shall include as a condition the applicant's agreement
to pay a right-of-way access fee of $270 per small wireless facility
per year, and/or other taxes and fees as may now or hereafter be lawfully
imposed on other businesses within the Township. Such fees may be
altered by resolution but only in compliance with state and/or federal
limits upon such costs.
(4)
Small wireless facilities co-located on Township-owned utility
poles or structures outside the Township rights-of-way are not subject
to the rate limitations in this article. Additionally, if the rate
limitation imposed by the Federal Communications Commission is altered
in the future, the Township may alter its fees by resolution to be
consistent with the Federal Communications Commission's determinations
or as might be otherwise altered by the state or federal government.
(5)
Cease payment. Upon 30 days' written notice to the Township,
an owner is authorized to remove its small wireless facility from
a Township-owned pole and cease paying the annual fee to the Township
as of the next due date for payment following the removal; provided,
however, the owner shall pay its pro-rata share of the remaining term
and expenses, if any.
(6)
Make-ready. For Township-owned poles, the applicant shall reimburse
the Township for expenses for any reasonable make-ready work, if any
are required. The Township shall provide a good faith estimate for
any make-ready work necessary to enable the pole to support the requested
SWF, including pole replacement, if necessary, within 30 days after
receipt of a completed request.
G.
Permit application review.
(1)
Co-location of SWF. Absent a written agreement to the contrary
between the Township and the applicant, the Township shall grant or
deny an application to co-locate, or to replace or modify any portion
of a SWF on, or associated with, an existing wireless support structure
not later than 60 days after the date of filing by an entity of a
completed application.
(2)
Installation of new SWF. Absent a written agreement to the contrary
between the Township and the applicant, the Township shall grant or
deny an application for a SWF within the public right-of-way not later
than 90 days after the date of filing by an entity of a completed
application to replace an existing utility pole or install a new utility
pole with small wireless facilities attached.
(3)
Removal of SWF. The Township shall act on requests to remove
wireless support structures associated with SWF from the public right-of-way
typical to the review time frames for the public right-of-way permit
required for this activity.
(4)
Completeness. Within 10 business days of receiving an application,
the Township will determine and notify the applicant whether the application
is complete; or if an application is incomplete, the Township must
specifically identify the missing information.
(5)
Application denials.
(a)
The Township shall not unreasonably withhold or deny an application
for a permit to place a SWF within the public right-of-way.
(b)
If an application is denied, the Township will provide, in writing,
its reasons for denying the request, including, if applicable, specific
references to any applicable law supporting the denial.
(c)
Notwithstanding an initial denial, the applicant may cure the
deficiencies identified by the Township and resubmit the application
within 30 days of the denial, and the Township will approve or deny
the revised application within 30 days of receipt of it, unless additional
deficiencies are discovered.
H.
Consolidated application for multiple SWF. Applicants seeking to
construct, modify, co-locate, or replace more than one SWF may file,
at the applicant's discretion, a consolidated application for up to
20 requests in a single application and receive a single permit for
the construction, modification, co-location, or replacement of the
SWF subject to the following:
(1)
This single application may be filed for multiple SWF only if
they are of substantially the same type.
(2)
The Township must separately address SWF for which incomplete
information has been received or which are denied, and it must grant
a permit for any and all sites in a single application that it does
not deny subject to the requirements of this chapter.
(3)
A single applicant may not submit more than one consolidated
or 20 single applications in a thirty-day period.
I.
Maximum height. The maximum height of a new pole for the installation
of a SWF is limited to a maximum height of 50 feet, subject to any
restrictions imposed by the small wireless facility design guidelines.
Applicants may co-locate on existing wireless support structures provided
the small wireless facility's height still qualifies as a small wireless
facility as defined by this chapter and as by the Federal Communications
Commission.
J.
Alternate locations. If an applicant is seeking to install a new
wireless support structure as part of its application, the Township
may propose that the small wireless facility be located on an existing
utility pole or existing wireless support structure within 100 feet
of the proposed location. The applicant shall accept the proposed
alternate location so long as it has the right to use the location
on reasonable terms and conditions, unless the alternate location
imposes technical limits, acts as an effective prohibition under federal
law, or additional unreasonable costs will be incurred as determined
by the applicant. If the applicant refuses an alternate location based
on the foregoing, the applicant shall provide legally competent evidence
in the form of a written certification describing the property rights,
technical limits or cost reasons that prevent the alternate location
from being utilized.
K.
The Township may reserve space on Township-owned poles for future
public safety uses or for Township electric utility uses. Such reservation
may preclude co-location of small wireless facilities if the Township
reasonably determines that the Township's poles cannot accommodate
both uses, or if the co-location cannot be accommodated due to physical
limitations of the Township-owned poles.
L.
In certain circumstances, co-location may not be feasible and a new
pole needs to be installed by the applicant. In such cases, a small
wireless facility located on a new pole shall be separated by 150
feet from any other small wireless facility located upon a pole with
that singular purpose (meaning it is not a co-location but another
stand-alone SWF pole).
M.
Design guidelines.
(1)
The Township has, or shall, adopt small wireless facility design
guidelines with objective, technically feasible criteria applied in
a nondiscriminatory manner that reasonably match the aesthetics and
character of the immediate area.
(2)
The small wireless facility design guidelines may include examples
of SWF preferences including visual depictions as identified by the
Township.
(3)
The provisions in this article shall not limit or prohibit the
Township's discretion to promulgate and make publicly available other
information, materials or requirements in addition to, and separate
from, the small wireless facility design guidelines so long as the
information, materials, or requirements do not conflict with state
or federal law.
(4)
All small wireless facilities and associated equipment located
within the public right-of-way shall be located such that they meet
ADA requirements and do not hinder, obstruct or impede usual pedestrian
and vehicular travel.
(5)
The Township shall have authority to update or supplement the
small wireless facility design guidelines to address relevant changes
in law, technology, or administrative processes.
(6)
Wireless support structure design standards.
(a)
SWF equipment must be indistinguishable from the support pole
or structure to the greatest degree possible using matching colors,
textures, and materials. The antennas and related equipment shall
be in a color that will provide the most camouflage and blend in with
the existing environment.
(b)
All wires, antennas, and other small wireless facility equipment
shall be enclosed and not visible.
(c)
Screening and equipment enclosures shall blend with or enhance
the surrounding context in terms of scale, form, texture, materials,
and color. Equipment shall be concealed as much as possible by blending
into the natural and/or physical environment.
(d)
Casing to enclose all wires, antennas, and other small wireless
facility equipment may be mounted on top of existing and new poles
in a cylinder shape to look like an extension of the pole.
(e)
Brand logos and other signage are prohibited on all SWF, except
contact information to be used by workers on or near the SWF and as
otherwise required by federal or state law. Signage will be no larger
than required to be legible from street level.
N.
This chapter may not be construed to limit the Township's authority
to enforce historic preservation zoning regulations consistent with
the local, state or federal law, including the National Historic Preservation
Act of 1966 (54 U.S.C. § 300101 et seq.), and the regulations
adopted to implement those laws.
(1)
As a condition for approval of new small wireless facilities
or new wireless support structures in a Town Center/Historic District
(existing or as established in the future), the applicant shall comply,
to the greatest extent possible, with the design and aesthetic standards
of the Town Center/Historic District, or historic preservation standards
in place, to minimize the negative impact to the aesthetics in these
districts or areas.
(2)
New districts. Nothing in this chapter shall prohibit or otherwise
limit the Township from establishing subsequent new Town Center or
Historic Districts, provided, however, that facilities and structures
for which a permit was approved or deemed approved pursuant to this
article prior to the establishment of the new district remain subject
to the provisions of this article, including routine maintenance and
replacement of those facilities and structures. If a wireless services
provider or a wireless infrastructure provider replaces such facilities
in a manner that does not comply with this article, or if a wireless
services provider or a wireless infrastructure provider relocates
such facilities, such replacement or relocation is subject to the
then-existing provisions and requirements of the newly established
district.
O.
General conditions and requirements of permit approval.
(1)
Permit effect and duration. The Township's approval term for
co-location or a new pole shall be for a period of nine months. If
construction, installation or co-location is not begun within such
nine-month period, a new application must be submitted for review
including any required fee. A permit from the Township authorizes
an applicant to undertake only certain activities in accordance with
this article and does not create a property right or grant any authority
whatsoever to the applicant to impinge upon the rights of others.
The proposed co-location, the modification or replacement of a utility
pole or the installation of a new utility pole with small wireless
facilities attached for which a permit is granted under this article
shall be completed within one year of the permit issuance date unless
the Township and the applicant agree, in writing, to extend the period.
(2)
Compliance with all applicable laws and Township Code. The owner/permittee
shall always maintain compliance with all applicable federal, state
and local laws, regulations, ordinances, or other rules. If state
or federal standards and regulations are amended, the owners of any
portion of SWF governed by this chapter shall bring any facilities
and/or structures into compliance with the revised standards and regulations
within the time mandated by such amendment or, if no time is mandated,
as soon as practicable under the circumstances, but no longer than
90 days. The Township is not required to provide notice of any amendments
in order to trigger this responsibility. Failure to bring SWF into
compliance with any revised standards and regulations shall constitute
grounds for removal at the owner's expense.
(3)
Inspections; emergencies. The Township or its designee may inspect
any portion of SWF in the right-of-way upon reasonable notice to the
owner. The owner shall cooperate with all inspections. The Township
reserves the right to support, repair, disable, or remove any elements
of the facility in emergencies or when the facility threatens imminent
harm to persons or property. If circumstances permit, the Township
shall notify the owner and provide the opportunity to move such facilities,
poles, or support structures prior to the Township doing so, and the
Township shall notify the owner after doing so.
(4)
Relocation or adjustment as requested by Township. If requested
by the Township, in order to accomplish construction and maintenance
activities directly related to improvements for the health, safety,
and welfare of the public, an owner shall relocate or adjust its facilities
within the public right-of-way at no cost to the Township, as long
as such request similarly binds all users in or on such public way.
Such relocation or adjustment shall be completed in accordance with
law.
(5)
Contact information for responsible parties. Within 10 days
of any changes to any of the contact information provided in the application,
the applicant shall provide notice of the change to the Township.
(6)
Indemnification. Any entity who owns or operates SWF in the
public right-of-way shall indemnify, protect, defend, and hold the
Township and its elected officials, officers, employees, agents, and
volunteers harmless against any and all claims, lawsuits, judgments,
costs, liens, losses, expenses, fees to include reasonable attorney
fees and costs of defense, proceedings, actions, demands, causes of
action, liability and suits of any kind and nature, including personal
or bodily injury or death, property damage or other harm for which
recovery of damages is sought, to the extent that it is caused by
the negligence of the entity who owns or operates the SWF and wireless
service in the right-of-way, any agent, officer, director, representative,
employee, affiliate, or subcontractor of the operator, or their respective
officers, agents, employees, directors, or representatives while installing,
repairing, or maintaining facilities in the right-of-way.
(7)
Good condition required. SWF 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 menace or endanger
the health, safety or welfare of any person or property. All SWF shall
be subject to generally applicable property maintenance requirements
and to visual inspection by code enforcement officers.
(8)
Relocation for public improvement projects. To the extent that
the Township requires it to do so in the reasonable exercise of its
police powers, the owner shall remove and relocate the permitted SWF
at the owner's sole expense to accommodate construction of a public
improvement project by the Township.
P.
If an SWF is discontinued for a period of 120 days or is abandoned
without notice from the owner, it shall be considered abandoned and
the Township may remove it at the owner's expense if the Township
provides written notice of its intent to remove under this section
and, within 30 days after receipt of such written notice, the owner
of the SWF does not reply to the Township, in writing, that the SWF
continues to be in operation. Costs for such removal shall be collectible
as allowed by law. The Township reserves the right to inspect and
to request information from the owner, which the owner shall provide
following such request, as to the continued use of the operator's
SWF(s) within the right-of-way.
Q.
Safety requirements.
(1)
Prevention of failures and accidents. Any person who owns or
operates a portion of a SWF sited in the public right-of-way shall
always employ ordinary and reasonable care and install and maintain
it using industry standard technology for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to
the public.
(2)
Compliance with firesafety and FCC regulations. All SWF, including,
but not limited to, wires, cables, fixtures, and other equipment,
shall be installed and maintained in compliance with the requirements
of any applicable provisions of the National Electric Code and building
codes, and in such manner that will not interfere with the use of
other property or any existing public/private utilities or public
safety systems.
(3)
Each attachment of wireless facilities should bear a marker
or insignia legible at street level identifying the owner of the SWF
and contact information.
R.
Exceptions to applicability. Nothing in this chapter authorizes the
co-location of small wireless facilities on:
(1)
Property owned by a private party without the written consent
of the property owner;
(2)
Property owned or controlled by a unit of local government that
is not located within public rights-of-way without the written consent
of the unit of local government (local governments are, however, required
to authorize the co-location of small wireless facilities on utility
poles owned or controlled by the local government or located within
rights-of-way to the same extent the local government permits access
to utility poles for other commercial projects or uses);
(3)
A privately owned utility pole or wireless support structure,
without the consent of the property owner; or
(4)
Property owned, leased or controlled by a park district, forest
preserve district, or conservation district for public park, recreation
or conservation purposes, without the consent of the affected district.
S.
Appeals and consistency with state and federal laws. The appeals
process shall be as provided and set forth by state and federal laws,
including any rulings issued by the Federal Communications Commission.
The provisions contained herein regulating small wireless facilities
are intended to comply with federal and state laws and regulations
in effect as of the date of adoption of this section. To the extent
that any of the provisions in this section conflict with any federal
or state statute or regulations, the federal or state statutes or
regulations shall control unless the applicable federal or state statutes
or regulations allow for more stringent provisions in local ordinances,
in which case the more stringent provisions of local ordinances shall
remain in effect and shall control in such instances.
T.
The provisions of this article are severable. If any provision or
subsection, or the application of any provision or subsection to any
person or circumstances, is held invalid, the remaining provisions,
subsection, and applications of such article to other persons or circumstances
shall not be made invalid as well. It is declared to be the intent
of this section that the remaining provisions would have been adopted
had such invalid provisions not been included in this article when
originally adopted by the Board.
U.
Penalties. Any person, firm or corporations who violates or permits
a violation of this article shall, upon conviction in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. Nothing herein shall prevent
the Township from taking any other lawful action, including civil
actions at law or equity, including temporary restraining orders,
preliminary injunctions and permanent injunctions, as is necessary
to prevent or remedy any violations of this article.
General and specific requirements for non-tower wireless communications
facilities.
A.
The following regulations shall apply to all non-tower WCF:
(1)
Permitted in all zoning districts. Non-tower WCF are permitted
in all zoning districts subject to the regulations prescribed below
and subject to applicable permitting by the Township.
(2)
Prohibited on certain structures. Non-tower WCF shall not be
located on single-family detached residences, single-family attached
residences, or any residential accessory structure.
(3)
Permit required. Any WCF applicant proposing the construction
of a new ton-tower WCF, or the modification of an existing non-tower
WCF, shall first obtain the required permit from the Township.
(4)
Historic buildings. No non-tower WCF 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 eligible
to be so listed, or is listed on the Historic Resources List maintained
by the Township, or has been designated by the Township to be of historical
significance.
(5)
Nonconforming wireless support structures. Non-tower WCF shall
be permitted to co-locate upon nonconforming wireless support structures.
Co-location of WCF upon existing wireless support structures is encouraged
even if the tower-based WCF is nonconforming as to use within a zoning
district.
(6)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by licensed
and qualified maintenance and construction personnel so that the same
shall not endanger the life of any person or any property in the Township.
(7)
Wind. All non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/TIA-222, as amended).
(8)
Aviation safety. Non-tower WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(9)
Public safety communications. Non-tower WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(10)
Radio-frequency emissions. A non-tower WCF shall not, by itself
or in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(11)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCF or portions of WCF shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed and the property restored to its original, natural condition
within two months of the cessation of operations at the site unless
a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF or the property owner upon which the
WCF is located.
(12)
Timing of approval for applications that fall under the WBCA.
Within 30 calendar days of the date that an application for a non-tower
WCF is filed with the Township, the Township shall notify the WCF
applicant, in writing, of any information that may be required to
complete such application. Within 90 calendar days of receipt of a
complete application, the Township shall make its final decision on
whether to approve the application and shall advise the WCF applicant,
in writing, of such decision. If additional information was requested
by the Township to complete an application, the time required by the
WCF applicant to provide the information shall not be counted toward
the Township's ninety-day review period. The timing requirements in
this section shall only apply to proposed facilities that fall under
the Pennsylvania Wireless Broadband Collocation Act.[1] Time extensions may be granted if mutually agreed upon
by all parties.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(13)
Insurance. Each person that owns or operates a non-tower 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 non-tower WCF.
(14)
Indemnification. Each person that owns or operates a non-tower
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 non-tower WCF. Each person that owns or operates
a non-tower 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 non-tower 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.
(15)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
Maintenance activities shall not be performed without the required
permit being issued by the Township Zoning Officer.
(e)
Damage and repair. A wireless provider shall repair all damage
to the right-of-way, or any other land so disturbed, directly caused
by the activities of the wireless provider or the wireless provider's
contractors and return the right-of-way in as good of condition as
it existed prior to any work being done in the right-of-way by the
wireless provider. If the wireless provider fails to make the repairs
required by the municipality within 30 days after written notice,
the municipality may perform those repairs and charge the wireless
provider the reasonable, documented cost of the repairs plus a penalty
not to exceed $500. The municipality may suspend the ability of an
applicant to receive a new permit from the municipality until the
applicant has paid the amount assessed for the repair costs and the
assessed penalty. The municipality may not suspend the ability of
an applicant to receive a new permit that has deposited the amount
assessed for the repair costs and the assessed penalty in escrow pending
an adjudication of the merits of the dispute by a court of competent
jurisdiction.
(16)
Reservation of rights. In accordance with applicable law and
as set forth in more detail in subsequent design and development standards
below, the Township reserves the right to deny an application for
the construction or placement of any non-tower WCF for numerous factors,
which include, but are not limited to, visual impact, design, and
safety standards.
B.
The following regulations shall apply to all non-tower WCF that do
not substantially change the physical dimensions of the wireless support
structure to which they are attached:
(1)
Permit required. WCF applicants proposing the modification of
an existing wireless support structure shall obtain the required permit
from the Township. In order to be considered for such permit, the
WCF applicant must submit a permit application to the Township in
accordance with applicable permit policies and procedures.
(2)
Non-tower WCF that do not substantially change the physical
dimensions of the wireless support structure to which they are attached
may be eligible for a sixty-day time frame for review. Applicants
shall assert such eligibility, in writing, to the Township and include
documentation reasonably supporting their request and, if warranted,
such application shall be reviewed within the shortened sixty-day
time frame.
(3)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(4)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, up
to $500 for an application seeking approval for no more than five
co-located small wireless facilities and up to $1,000 for each co-located
small wireless facility beyond five, or $1,000 for an application
seeking approval of a small wireless facility that requires the installation
of a new or replacement utility pole.
C.
The following regulations shall apply to all non-tower WCF that do
substantially change the wireless support structure to which they
are attached:
(1)
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 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.
(2)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
D.
The following regulations shall apply to non-tower WCF located outside
the public rights-of-way that do substantially change the wireless
support structure to which they are attached:
(1)
Development regulations. Non-tower WCFs shall be co-located
on existing wireless support structures, subject to the following
conditions:
(a)
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district.
(b)
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total height
of the non-tower WCF. Such documentation shall be analyzed in the
context of such justification on an individual basis.
(c)
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(d)
A security fence of not less than six feet and not more than
eight feet 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.
(e)
Landscaping shall be required to screen as much of a newly constructed
WCF, equipment building, and related equipment as possible. The Board
may permit any combination of existing vegetation, topography, walls,
decorative fences or other features instead of landscaping, if, in
the discretion of the Board, they achieve the same degree of screening.
(2)
Design regulations.
(a)
Non-tower WCF shall employ stealth technology and be treated
to match the wireless support structure and shall be subject to the
approval of the Township.
(b)
Noncommercial usage exemption. Township residents utilizing
satellite dishes and antennas for the purpose of maintaining television,
phone, and/or internet connections at their respective residences
shall be exempt from the design regulations enumerated in this section
of the Zoning Ordinance.
(3)
Removal, replacement and modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the WCF or the numbers of antennas.
(b)
Any material modification to a WCF shall require written notice
to be provided to the Township and possible supplemental permit approval
to the original permit or authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance 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.
E.
Additional regulations applicable to all non-tower WCF located in
the public rights-of-way (ROW).
(1)
Co-location. Non-tower WCF in the ROW shall be co-located on
existing poles, such as existing utility poles. Efforts shall be made
by the WCF applicant to not co-locate on utility poles containing
transformers where practicable. If the WCF applicant proposes to install
replacement poles or to locate its non-tower WCFs on existing utility
poles that do not already serve as wireless support structures, then
the WCF applicant shall be required to apply for the appropriate permits
as provided in this article.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible. No
facility shall be taller than 50 feet above ground level.
(b)
Antenna and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Each new or modified small wireless facility installed in the
right-of-way shall be installed on an existing utility pole or a new
utility pole.
(d)
The installation of a small wireless facility on an existing
utility pole shall not extend more than five feet above the existing
utility pole.
(3)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(4)
Equipment location. Non-tower WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic within the right-of-way, 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,
or to obstruct the legal use of the right-of-way by the Township and
utilities. In addition:
(a)
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
the edge of pavement or within an easement extending onto a privately
owned lot.
(b)
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.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner within
10 business days of the existence of the graffiti, and, if not so
removed, the Township may at its discretion remove the graffiti and
assess such costs against the WCF owner or the property owner upon
which the WCF or related equipment is located.
(e)
Any proposed underground vault related to non-tower WCF shall
be reviewed and approved by the Township.
(5)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(7)
Right-of-way rates and fees. The Township shall have the right
to charge an annual fee for the use of the right-of-way not to exceed
$270 per small wireless facility or $270 per new utility pole with
a small wireless facility.
F.
Permits.
(1)
An applicant shall obtain one or more permits of general applicability
to perform the following within the right-of-way:
(2)
Permit applications are not required for the following:
(a)
Routine maintenance or repair work.
(b)
The replacement of small wireless facilities with small wireless
facilities that are substantially similar or the same size or smaller
and still qualify as small wireless facilities.
(c)
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.
(3)
Permit applications shall include the following information:
(a)
Documentation that includes construction and engineering drawings, demonstrates compliance with the criteria specified under § 170-2503F(6), below, and includes all necessary approvals from the pole owner.
(b)
Self-certify that the filing and approval of the application
is required by the wireless provider to provide additional capacity
or coverage for wireless services.
(c)
Compliance with all applicable design criteria as specified
in this article.
(4)
Completed application. Within 10 business days of receiving
an application, the Township shall determine and notify the applicant,
in writing, whether the application is incomplete. If an application
is incomplete, the notice must specifically identify the missing information.
The processing deadline shall restart at zero on the date the applicant
provides the missing information. The processing deadline may be tolled
by agreement of the applicant and the municipality.
(5)
Deadlines. An application shall be processed on a nondiscriminatory
basis and deemed approved if the Township fails to approve or deny
the application within 60 days of receipt of a complete application
to co-locate and within 90 days of receipt of a complete application
to replace an existing utility pole or install a new utility pole
with small wireless facilities attached. A permit associated with
an application deemed approved under this subsection shall be deemed
approved if the Township fails to approve or deny the permit within
seven business days after the date of filing the permit application
with the municipality unless there is a public safety reason for the
delay.
(6)
Denial.
(a)
An application may be denied if the following apply:
[1]
The small wireless facility materially interferes
with the safe operation of traffic control equipment, sight lines
or clear zones for transportation or pedestrians or compliance with
the Americans with Disabilities Act of 1990[3] (Public Law 101-336, 104 Stat. 327) or similar federal
or state standards regarding pedestrian access or movement.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
The small wireless facility fails to comply with
applicable codes.
[3]
The small wireless facility fails to comply with
the requirements specified under PA Act 50 of 2021.
[4]
The applicant fails to submit a report by a qualified
engineering expert which shows that the small wireless facility will
comply with applicable FCC regulations.
(b)
Within the time frame established under Subsection F(4), the Township shall document the basis for a denial, including the specific provisions of applicable codes on which the denial was based, and send the documentation to the applicant within five business days of the denial.
(c)
The 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 municipality shall approve or deny the revised application
within 30 days of the application being resubmitted for review or
the resubmitted application shall be deemed approved 30 days after
resubmission. Any subsequent review shall be limited to the deficiencies
cited in the denial. If the resubmitted application addresses or changes
other sections of the application that were not previously denied,
the municipality shall be given an additional 15 days to review the
resubmitted application and may charge an additional fee for the review.
(7)
Consolidated application. An applicant seeking to co-locate
within the Township shall be allowed at the applicant's discretion
to file a consolidated application for co-location of multiple small
wireless facilities as follows:
(a)
The consolidated application does not exceed 20 small wireless
facilities.
(b)
The denial of one or more small wireless facilities in a consolidated
application shall not delay processing of any other small wireless
facilities in the same consolidated application.
(c)
A single applicant may not submit more than one consolidated
or 20 single applications in a thirty-day period.
(d)
The following apply:
[1]
For the purpose of counting the number of small
wireless facilities each applicant has at a given time, small wireless
facilities and poles that a wireless provider applicant has requested
a third party to deploy and that are included in a pending application
by the third party shall be counted as pending requests by the wireless
provider applicant.
[2]
An application tolled under § 170-2503F(7)(c) shall count towards the total number of applications included in a consolidated application unless the application is withdrawn by the applicant. As the processing of applications is completed, the Township shall process previously tolled applications in the order in which the tolled applications were submitted, unless the applicant specifies a different order.
(8)
Time limit for work. The proposed co-location, the modification
or replacement of a utility pole or the installation of a new utility
pole with small wireless facilities attached for which a permit is
granted under this section shall be completed within one year of the
permit issuance date unless the Township and the applicant agree,
in writing, to extend the period.
(9)
In the event co-location on an existing pole is not proposed
and an application includes installing a new utility pole, the applicant
shall demonstrate that it cannot meet the service reliability and
functional objectives of the application by co-locating on an existing
utility or municipal pole instead of installing a new utility pole.
The wireless provider shall self-certify that this determination has
been made in good faith, and a documented summary shall be provided
for the basis of the determination. The wireless provider's determination
shall be based on whether the wireless provider can meet the service
objectives of the application by co-locating on an existing utility
pole or municipal pole on which:
(10)
Approval. Approval of an application authorizes the applicant
to:
(a)
Co-locate on an existing utility pole, modify or replace a utility
pole or install a new utility pole with small wireless facilities
attached as identified in the initial application.
(b)
Subject to the permit requirements and the applicant's right
to terminate at any time, operate and maintain small wireless facilities
and any associated equipment on a utility pole covered by the permit
for a period of not less than five years, which shall be renewed for
two additional five-year periods if the applicant is in compliance
with the criteria set forth in this act or applicable codes consistent
with this act and the applicant has obtained all necessary consent
from the utility pole owner.
(11)
Removal of equipment.
(a)
Within 60 days of suspension or revocation of a permit due to
noncompliance with this act or applicable codes consistent with this
act, the applicant shall remove the small wireless facility and any
associated equipment, including the utility pole and any support structures
if the applicant's wireless facilities and associated equipment are
the only facilities on the utility pole, after receiving adequate
notice and an opportunity to cure any noncompliance.
(b)
Within 90 days of the end of a permit term or an extension of
the permit term, the applicant shall remove the small wireless facility
and any associated equipment, including the utility pole and any support
structures if the applicant's wireless facilities and associated equipment
are the only facilities on the utility pole.
General and specific requirements for all tower-based wireless
communications facilities.
A.
The following regulations shall apply to all tower-based wireless
communications facilities:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by licensed and qualified personnel
so that the same shall not endanger the life of any person or any
property in the Township.
(2)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Township a
written certification of the proposed WCF's ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunications Industry Association and certify the proper
construction of the foundation and the erection of the structure.
(3)
Permit required for modifications. To the extent protected by
or permissible under applicable state and federal law, any WCF applicant
proposing the modification of an existing tower-based WCF which increases
the overall height of such WCF shall first obtain a building permit
from the Township.
(4)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA/TIA-222, as amended).
(5)
Height. The maximum total height of a tower-based WCF which
is not located in the public ROW shall not exceed 150 feet, as measured
vertically from the ground level to the highest point on the structure,
including antennas and subsequent alterations.
(6)
Related equipment. Either 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 commercial
communications antenna(s) space on the tower-based WCF. Any such buildings
or equipment shall comply with applicable area and bulk requirements
in the zoning district where located.
(7)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(8)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents and utilize the best available technology for preventing
failures and accidents.
(c)
Maintenance activities shall not take place without the issuance
of required permits by the Zoning Officer.
(9)
Radio-frequency emissions. A tower-based WCF shall not, by itself
or in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(10)
Historic buildings or districts. A tower-based WCF 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 Historic
Resources List maintained by the Township.
(11)
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 at any time during a twenty-four-hour
period. The only other signage permitted on the WCF shall be those
required by the FCC or any other federal or state agency.
(12)
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 upon Township residents as
is permissible under state and federal regulations.
(13)
Noise. Tower-based WCF 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.
(14)
Aviation safety. Tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(15)
Nonconforming uses. Nonconforming tower-based WCF which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must comply with the terms
and conditions of this section applicable to the new improvements.
(16)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCF or portions of WCF
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site and the subject property restored to its original natural
condition unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility 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 accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF or the property owner upon which
the WCF is located.
(c)
Any unused portions of tower-based WCF, including antennas,
shall be removed within 90 days of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(17)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring, and related costs.
(18)
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 facility.
(19)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(20)
Indemnification. Each person that owns or operates a tower-based
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 tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(21)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. The amount of financial security
shall be mutually agreed upon by the WCF applicant's engineer and
the Township's engineer or consultants and shall remain in place until
the tower-based WCF is removed.
B.
Conditional use review process and additional regulations.
(1)
Tower-based WCF are permitted in specific zoning districts and along certain roadways by conditional use only as outlined in § 170-2009 and at the minimum height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF 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.
(2)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 1,000 feet of the property upon which the proposed facility
is located as measured from the perimeter of the property. The WCF
applicant shall provide proof of the notification to the Township.
(3)
The WCF applicant for such conditional use approval shall prove
to the reasonable satisfaction of the Board that the WCF 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 WCF
applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable alternative location
exists.
(4)
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 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.
(5)
The conditional use application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
state and federal laws and regulations concerning aviation safety.
(6)
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board that the owner of the property has granted an easement for the
proposed WCF and that vehicular access will be provided to the facility.
(7)
The conditional use application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
applicable provisions in this section, including, specifically, the
regulations applicable to all tower-based WCFs.
(8)
Visual appearance and land use compatibility. Tower-based WCF
shall employ stealth technology, which may include the tower portion
to be painted silver or another color approved by the Board in context
with its surroundings, or shall have a galvanized finish. All tower-based
WCF 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 principles, practices and techniques.
(9)
Co-location and siting. An application 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. The 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 antenna(s) on an existing structure. The WCF applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within a one-quarter-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
(a)
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.
(b)
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.
(c)
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.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(10)
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 a building permit if required by the Township.
(11)
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 tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these 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.
(12)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant, in writing, of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF and the Township shall advise the WCF applicant, in writing, of
its decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the 150-day
review period. Time extensions may be granted if agreed upon by all
parties.
(13)
Engineer signature. All plans and drawings for the conditional
use approval of tower-based WCF shall contain a seal and signature
of a professional structural engineer licensed in the Commonwealth
of Pennsylvania.
C.
The following regulations shall apply to tower-based wireless communications
facilities located outside the public rights-of-way:
(1)
Development regulations.
(a)
Tower-based WCF shall not be located within 75 feet of any underground
utility or underground utilities easements (with the exception of
water and sewer lines).
(c)
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot. The minimum distance between the base of a tower-based
WCF and any adjoining property line or street right-of-way line shall
equal 110% of the proposed height of the tower-based WCF. At the Board's
sole discretion, the Board may allow a reduced setback if it is demonstrated
to the reasonable satisfaction of the Board that in the event of failure
the WCF is designed to collapse upon itself within a setback area
less than the required minimum setback without endangering such adjoining
uses and their occupants.
(d)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[1]
The existing use on the property shall be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[2]
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 110% of the proposed height of the tower-based
WCF. At the Board's sole discretion, the Board may allow a reduced
setback if it is demonstrated to the reasonable satisfaction of the
Board that in the event of failure the WCF is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining uses and their occupants.
(2)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact and shall be subject to the approval
of the Township.
(b)
Tower-based WCF located outside the public rights-of-way shall
be greater than 40 feet in height in order to increase coverage, provide
for increased co-location capabilities and result in less need for
additional towers of such height in the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(d)
Any tower-based WCF over 40 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(3)
Surrounding environs.
(a)
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.
(b)
The WCF 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 tower-based WCF, and anchors for guy wires,
if used.
(4)
Fence/screen.
(a)
A security fence having a minimum height of 10 feet shall completely
surround any tower-based WCF greater than 40 feet in height, as well
as any building housing WCF equipment.
(b)
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. The Board may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if, in the discretion of the Board,
they achieve the same degree of screening.
(5)
Accessory equipment.
(a)
Ground-mounted related equipment associated with, or connected
to, a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
(b)
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(6)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF.
(7)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be at least one off-street parking space.
(8)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance 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.
D.
The following regulations shall apply to tower-based wireless communications
facilities located in the public rights-of-way.
(1)
Location and development standards.
(a)
Tower-based WCF 40 feet or shorter in height are prohibited
within 50 feet of any underground utility or underground utility easement.
(b)
Tower-based WCF 40 feet or shorter in height shall not be located
in any public right-of-way which fronts or directly abuts the front
yard setback area of a residential dwelling.
(c)
Tower-based WCF 40 feet or shorter in height shall be permitted
by conditional use along certain collector roads and arterial roads,
regardless of the underlying zoning district, as follows:
[1]
Route 926;
[2]
South New Street;
[3]
Route 202;
[4]
Little Shiloh Road;
[5]
Westtown Road;
[6]
South Concord Road (between Route 926 and Oakbourne
Road);
[7]
South Matlack Street;
[8]
Oakbourne Road (between Matlack Street and South
Concord Road);
[9]
South Chester Road; and
[10]
West Chester Pike.
(d)
Such tower-based WCFs shall be situated on the side of the road
which currently has aboveground utilities, such as existing poles
and/or wireless support structures, in place.
(e)
Efforts shall be made by the WCF applicant to not co-locate
on utility poles containing transformers where practicable.
(2)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCF 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.
(3)
Equipment location. Tower-based WCF 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:
(a)
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb, or
edge of pavement if no curbing is in place.
(b)
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.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any related equipment shall
be removed within 10 days of its existence at the sole expense of
the owner, and, if not, the Township may at its discretion remove
the graffiti and assess costs for removal against the WCF owner.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(4)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact and shall be subject to the approval
of the Township.
(b)
Tower-based WCF in the public ROW shall not exceed 40 feet in
height.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(5)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(6)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF 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 tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above.
