Township of Warrington, PA Wireless Communications Facilities

This article shall be known as the "Warrington Township Wireless Communications Facilities Ordinance."

This article establishes uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Warrington 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.

By enacting this article, the Township intends to:

(1)

Promote the health, safety, and welfare of Township residents and businesses with respect to wireless communications facilities. Wireless communications facilities will be referred to as "WCF" throughout this article.

(2)

Provide for the managed development of WCF 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 nontower-based WCF in the Township, including facilities both inside and outside the public rights-of-way. Rights-of-way will be referred to as "ROW" throughout this article.

(4)

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other WCF.

(5)

Encourage the collocation of WCF on existing structures rather than the construction of new tower-based structures.

(6)

Protect Township residents from potential adverse impacts of WCF and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

(7)

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

§ 370-903 General requirements for all tower-based WCF.

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 applicable American National Standards Institute (ANSI) standards, National Electrical Safety Code, National Electrical Code, Pennsylvania Uniform Construction Code as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

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 (ANSI) as prepared by the engineering departments of the Pennsylvania Uniform Construction Code (PUCC). Such structures must be designed to withstand wind blows required by the PUCC.

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

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.

Maintenance. The following maintenance requirements shall apply:

(1)

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

(2)

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

(3)

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

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

Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township or which has been designated by the Township as being of historic significance.

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.

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. 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.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

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

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 article. 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.

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

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this article.

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

(1)

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

(2)

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

(3)

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

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. The fees are specified in a resolution adopted annually by the Board of Supervisors.

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.

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

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 a 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.

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

Conditional use authorization required. Tower-based WCF are permitted via conditional use at a height necessary to satisfy their function in the WCF applicant's wireless communications system. As part of the conditional use process, the applicant shall demonstrate the proposed facility satisfies all applicable requirements, and complies with all pertinent regulations, in the Township Zoning Code.

Replacement of WCF on existing wireless support structures or within existing compounds may be performed without obtaining building or zoning permits from the Township pursuant to the Wireless Broadband Collocation Act.[1] However, any applicant proposing the replacement, collocation or modification of a WCF shall submit an application to the Township which will be reviewed to determine conformance with Township ordinances and the Wireless Broadband Collocation Act.

[1]

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

Design regulations. Wireless telecommunication antennas, related facilities and structures shall incorporate architectural treatments and advanced industry screening techniques to mitigate its visual impacts. Appropriate and innovative design solutions, stealth design, concealment and location that blend with the natural environments are encouraged. The uses of artificial trees, rocks or any other artificial technique used as a disguise of natural feature is discouraged.

(1)

Roof-mounted facilities design rules and guidelines.

(a)

Roof-mounted antennas shall not be placed in direct line of sight from major traffic corridors and commercial centers unless they incorporate appropriate stealth techniques, such as designing them to appear as rooftop vents, or architectural features. Installation of new parapet walls or adding roof enclosures may also be considered.

(b)

All roof-mounted antennas and equipment shall be located to minimize visibility from the public ROW. Antennas and equipment shall be located as far back from the roof edge as feasible to minimize the visual impact from the public ROW, unless adequate stealth or screening techniques are used (parapets, roof enclosure, etc.).

(c)

All equipment and wiring should be located within an enclosure.

(2)

Facade-mounted facilities.

(a)

Facade-mounted antennas shall be painted and textured to match the existing structure, unless incorporated as a design element of the building.

(b)

Antennas and the associated mountings shall not project beyond a maximum of 18 inches from the face of a building, unless they are considered to be an architectural element of the overall building design. No exposed cabling is permitted.

(c)

Facade-mounted antennas should be camouflaged by incorporating the antennas as part of the dominant design element of the building.

(d)

When facade-mounted antennas are used as a design element, additional faux elements may be required to be installed in order to retain the architectural design continuity of the building.

(e)

Proposed facade antennas should be located in a symmetrical, balanced design consistent with the building design. Antennas should be no longer or wider than the facade on which they would be located.

(3)

Ground-mounted facilities.

(a)

Equipment cabinets and wireless facilities located on the ground shall be placed in areas least visible from the public ROW, and have minimal impacts to existing landscape removal.

(b)

Equipment cabinets and wireless facilities located on the ground and visible from a public ROW shall be screened from public view. Screening techniques may include an enclosure, and/or landscaping. In areas where visibility cannot be screened, architectural treatment compatible with existing buildings, an underground vault, or reproduction of a typical streetside appurtenance, such as a mailbox, may be required.

(c)

Wherever possible, equipment cabinets and wireless facilities on the ground should be located away from open spaces and required yard setbacks.

(4)

Monopoles.

(a)

Freestanding monopoles should be stealth or camouflaged to blend into the surrounding environment. Simple or single radome or slimline poles may be considered sufficiently stealth in parking lots, street ROW, and in heavy industrial settings.

(b)

All cables must be routed directly from the ground up through the pole. Equipment enclosures shall completely enclose or hide cabling. No exposed cabling is allowed.

(c)

Monopoles shall not be located in a front or side yard setback unless designed as a stealth structure that might otherwise be permitted in the setback, such as a flagpole or sign structure.

(5)

[2]Colors and materials design rules and guidelines.

(a)

Colors and materials for antennas and equipment cabinets shall be chosen to minimize the visibility of the wireless facility and be compatible with the surrounding environment. Muted colors, earth tones, and subdued hues, such as light green, brown, gray, or light blue, or a color that is more compatible with the surrounding architecture or environment as approved by the Township shall be used. All associated structures, such as equipment enclosures, shall be of earth tone colors and nonreflective.

(b)

Antennas shall be painted and textured to match the existing structures, unless used consistently as a design element to add visual interest to the building.

(c)

Ground-mounted facilities shall be painted with nonreflective matte finish paint using color shades that are compatible or blend with surrounding natural elements, such as soil, trees, or grasslands.

(d)

All roof-mounted facilities shall be painted with nonreflective matte finish paint using an appropriate color that blends with the backdrop and/or building.

(e)

Equipment, cables, and antennas mounted on an existing structure shall be painted or otherwise designed to match the existing pole and any other equipment mounted on the pole, or shall be concealed within the pole.

[2]

Editor's Note: Former Subsection W(5), regarding facilities in the ROW, was repealed 1-10-2023 by Ord. No. 2023-O-2. This ordinance also renumbered former Subsection W(6) as Subsection W(5).

§ 370-904 Tower-based facilities outside ROW.

Development regulations.

(1)

Prohibited in residential zones. No tower-based WCF shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary except on Tax Map Parcel Numbers 50-10-20, 50-10-116, 50-21-133, 50-29-20.

(2)

Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or 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.

(3)

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

(a)

Setback. The tower-based WCF shall be set back from any residential property line by at least 500 feet and from any other property line by at least 50 feet.

(4)

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

(a)

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

(b)

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.

(c)

Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary or within 50 feet from any other property line.

Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 1,000 linear feet of the site of the proposed facility and of every property zoned residential not on the same street within 500 feet of the proposed facility.

Collocation. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Design regulations.

(1)

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

(2)

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

(3)

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.

Surrounding environs.

(1)

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

(2)

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

Fence/screen.

(1)

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

(2)

An evergreen screen that consists of a hedge planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum, shall be located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.

Accessory equipment.

(1)

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

(2)

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

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 collocate 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 a tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface of compacted gravel or asphalt.

Parking. For each tower-based WCF, there shall be at least one off-street parking space.

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

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

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this article and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

§ 370-905 Tower-based facilities in ROW.

[Amended 1-10-2023 by Ord. No. 2023-O-2]

No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

§ 370-906 General requirements for all nontower WCF.

The following regulations shall apply to all nontower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(1)

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

(2)

Standard of care. Any nontower 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 PUCC standards, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(3)

Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the PUCC.

(4)

Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services of nearby properties.

(5)

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

(6)

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

(7)

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

(a)

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

(b)

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

(8)

Timing of approval. All applications for a nontower WCF shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in the amount specified by the Township fee schedule. If the Township receives an application for a nontower WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

[Amended 1-10-2023 by Ord. No. 2023-O-2]

(9)

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

[Amended 1-10-2023 by Ord. No. 2023-O-2]

(10)

Conditional use authorization required. Conditional use authorization is required for nontower facilities that are not subject to the Pennsylvania Wireless Broadband Collocation Act. Nontower WCF shall be located on utility poles and traffic signal structures when technologically feasible. If such placement is not possible, nontower WCF are permitted by conditional use in all zones subject to the restrictions and conditions prescribed in this article and subject to applicable permitting by the Township.

(11)

Notification of replacement. Warrington Township acknowledges that the Pennsylvania Department of Transportation (PennDOT) requires issuance of a permit for all WCF attached to a traffic signal structure. Therefore, all applications submitted that propose the attachment of WCF to a traffic signal structure shall be accompanied by proof of approval by PennDOT.

(12)

Replacement of WCF on existing wireless support structures or within existing compounds may be performed without obtaining building or zoning permits from the Township pursuant to the Wireless Broadband Collocation Act. However, any applicant proposing the replacement, collocation, or modification of a WCF shall submit an application to the Township which will be reviewed to determine conformance with Township ordinances and the Wireless Broadband Collocation Act.

The following regulations shall apply to all nontower WCF that substantially change the wireless support structure to which they are attached:

(1)

(2)

Standard of care. Any nontower 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 PUCC standards, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(3)

Compliance with Township building code. Any applicant proposing nontower WCFs to be mounted on a building or other structure shall submit evidence from a professional engineer, licensed in the Commonwealth of Pennsylvania, that the proposed installation will not exceed the structural capacity of the building or other structure. The applicant must further provide detailed construction and elevation drawings indicating how the nontower WCFs will be mounted on the structure for review by the Township Engineer for compliance with the Warrington Township Building Code and other applicable laws and regulations.

(4)

Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the PUCC. Such structures shall be able to withstand wind gusts of up to 100 miles per hour.

(5)

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

(6)

Historic buildings. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township or has been designated by the Township as being of historic significance.

(7)

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

(8)

Maintenance. The following maintenance requirements shall apply:

(a)

The nontower 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.

(9)

(10)

(a)

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

(b)

(11)

Timing of approval. Within 30 calendar days of the date that an application for a nontower wireless facility 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 WCF application within 30 days of receipt. This timing requirement applies only to applications for facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

(12)

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 article. 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.

(13)

Bond. Prior to the issuance of a permit, the owner of a nontower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this article. 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 article, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

(14)

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, as well as related inspection, monitoring and related costs.

(15)

Insurance. Each person that owns or operates a nontower 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 nontower WCF.

(16)

Indemnification. Each person that owns or operates a nontower 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 nontower WCF. Each person that owns or operates a nontower 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 nontower 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.

(17)

Engineer signature. All plans and drawings for a nontower WCF shall contain a seal and signature of a professional structure engineer, licensed in the Commonwealth of Pennsylvania.

§ 370-907 Nontower wireless facilities outside ROW.

The following additional regulations shall apply to nontower WCF located outside the ROW that substantially change the wireless support structure to which they are attached:

Development regulations. Nontower WCFs shall be collocated on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

(1)

Nontower WCFs shall not be located on any dwelling unit.

(2)

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

(3)

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

(a)

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

(4)

Antennas located on the facade of a building shall complement the architecture of the building in terms of color, architectural style, and material. Associated wireless equipment shall be located inside a building when possible.

(5)

Rooftop wireless telecommunications facilities shall be appropriately screened from view with a facade which complements the architecture of the building in terms of color, architectural style, and material. Associated rooftop equipment buildings or enclosures shall be architecturally consistent with the building where the rooftop antennas are located, such as having similar exterior style and finish. If the equipment can be screened by placing the equipment below existing parapet walls, no additional screening is required where facilities that are placed on the rooftop access shall be restricted.

Design regulations.

(1)

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

(2)

Nontower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a variance.

(3)

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

(4)

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

(5)

Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in § 370-907B of this article.

Removal; replacement; modification.

(1)

The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted.

(2)

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

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

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this article and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

§ 370-908 Nontower wireless facilities in ROW.

Collocation. Nontower WCFs in the ROW shall be collocated on existing poles, such as existing utility poles or light poles.

Design requirements.

(1)

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.

(2)

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

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

Time, place, and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower 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.

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Any underground vaults related to nontower WCFs shall be reviewed and approved by 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 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:

(1)

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

(2)

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

(3)

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

(4)

An emergency as determined by the Township.

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

§ 370-909 Violations and penalties.

Penalties. Any person violating any provision of this article shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500 for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this article and any other remedy at law or in equity, the Township may apply to a federal district court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this article.

Determination of violation. In the event a determination is made that a person has violated any provision of this article, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided that the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this article and/or federal and/or Pennsylvania law and regulations.

§ 370-910 Temporary facilities.

Temporary wireless facilities may be permitted by the Zoning Officer for a term not to exceed 90 days. Once granted, a temporary wireless facility permit may be extended for an additional 90 days upon evidence of need presented by the applicant. In cases of emergency (e.g., storm damage to an existing tower or other circumstances resulting in interruption of existing service) the Zoning Officer review shall be expedited to the extent feasible.

The installation of a temporary wireless facility and the installation site shall comply with all applicable laws, statutes, requirements, rules, regulations, and codes, including, but not limited to, the Uniform Fire Prevention and Building Code and National Electrical Code.

All temporary wireless facilities and related appurtenances shall be completely removed from the installation site within 30 days of the date of the end of the emergency as determined by the Board of Supervisors.

§ 370-911 Small wireless communication facilities regulations.

[Added 1-10-2023 by Ord. No. 2023-O-2]

The following regulations shall apply to small wireless communication facilities (WCF):

Development regulations.

(1)

Small WCF permitted by administrative approval from the Warrington Township Zoning Officer in all zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Warrington Township Code.

(2)

Small WCF located within underground districts that require utilities to be located underground shall be collocated on existing or replacement wireless support structures. No new wireless support structures may be installed for the purpose of supporting a small WCF within underground districts that require utilities to be located underground.

(3)

Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

(4)

All small WCF shall comply with the applicable requirements of Americans with Disabilities Act and all Warrington Township Code requirements applicable to streets and sidewalks.

(5)

All small WCF shall comply with Appendix A, Small Wireless Communications Facility Design Manual, adopted by the Township.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Procedures.

(1)

Any applicant proposing a small WCF shall submit an application to the office of the Warrington Township Zoning Officer for review by the Township.

(2)

The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

Timing of approval.

(1)

Within 10 calendar days of the date that an application for a small WCF is field with the Warrington Township Zoning Officer, the Township shall notify the WCF applicant in writing if an application is incomplete and shall advise the WCF applicant of any information that may be required to complete such application.

(2)

Within 60 days of receipt of a completed application for collocation of a small WCF on a preexisting wireless support structure, the Warrington Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(3)

Within 90 days of receipt of a completed application for a small WCF requiring the installation of a new wireless support structure, the Warrington Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

Eligible facilities request.

(1)

Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township.

(2)

In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

(3)

The timing of approval for small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be as follows:

(a)

Within 30 calendar days of the date that an application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure is filed with the Warrington Township Zoning Officer, the Township shall notify the applicant in writing if the application is incomplete and shall advise of any information that may be required to complete such application.

(b)

An application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be deemed complete when all documents, information and fees specifically enumerated in the Township's regulations, ordinances and forms pertaining to the location, modification or operation of wireless telecommunications facilities are submitted by the applicant to the Township. In case of incompleteness of the application, the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

(c)

Within 60 days of receipt of an application a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure, the Warrington Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

Nonconforming wireless support structures.

(1)

Small WCF shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Application fee.

(1)

The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Township Fee Schedule.

Standard of care.

(1)

Any small WCF shall be designed, constructed, operated and 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, the Pennsylvania UCC, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Historic building and districts.

(1)

No small WCF may be located on, or within 100 feet of any historic district, property, building or structure that is listed on either the National Register of Historic Places or the Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

Wind and ice.

(1)

All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Standard (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure and in accordance with the Pennsylvania Uniform Construction Code.

Radio frequency emissions.

(1)

A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit a proof of compliance with any applicable radio frequency emissions standards to the Township on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Time, place, and manner.

(1)

The Township shall determine the time, place, and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Accessory equipment.

(1)

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

Graffiti.

(1)

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

Design standards.

(1)

All small WCF in the Township shall comply with the design standards contained in this chapter.

Collocation.

(1)

An application for a small WCF with a new wireless support structure in the public rights-of-way shall not be approved unless the Township finds that the proposed small WCF cannot be accommodated on an existing structure, such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable wireless support structures within a 1/4 mile radius from the point of the proposed small WCF, 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 wireless support structure cannot be used.

Relocation or removal of facilities.

(1)

Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

(a)

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

(b)

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

(c)

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

(d)

An emergency as determined by the Township.

Reimbursement for ROW use.

(1)

In addition to permit fees as described in this section, every small 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 small WCF shall pay an annual fee to the Township, in an amount specified by the Township Fee Schedule, to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the FCC.