[Ord. No. 406, 7/25/2023]
This Part shall be known as the "North Strabane Township Wireless
Communications Facilities Ordinance."
[Ord. No. 406, 7/25/2023]
1. The purpose of this Part is to establish uniform standards for the
siting, design, permitting, maintenance, and use of wireless communications
facilities in North Strabane Township. While the municipality recognizes
the importance of wireless communications facilities in providing
high quality communications service to its residents and businesses,
the municipality also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
2. By enacting this Part, the municipality intends to:
A. Regulate the placement, construction and modification of wireless
communications facilities to protect the safety and welfare of the
public;
B. Provide for the managed development of wireless communications facilities
in a manner that enhances the benefits of wireless communication and
accommodates the needs of the public and wireless telecommunications
operators in accordance with federal and state laws and regulations;
C. Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower based, and small
wireless communications facilities in the municipality, including
facilities both inside and outside the public rights-of-way;
D. Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, and other wireless
communications facilities;
E. Encourage the co-location of wireless communications facilities on
existing wireless support structures rather than the construction
of new wireless support structures;
F. Protect the public from potential adverse impacts of wireless communications
facilities and preserve, to the extent permitted under law, the visual
character of established communities and the natural beauty of the
landscape;
G. Ensure that wireless communications facilities will be removed in
the event that such wireless communications facilities are abandoned
or become obsolete and are no longer necessary; and
H. Update the municipality's wireless communications facilities
ordinance to incorporate changes in federal and state laws and regulations.
[Ord. No. 406, 7/25/2023]
1. Certain terms used herein are defined at North Strabane Township Code of Ordinances, Chapter
27, Part
2, §
27-201, Particular Meanings.
2. All words used in this chapter shall carry their customary dictionary
definitions as provided in the most recent edition of Webster's
Collegiate Dictionary, except where specifically defined herein; terms
of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary. The singular number shall include
the plural, and the plural the singular.
3. Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the singular
number include the plural; words used in the plural number include
the singular; the word "herein" means "in this chapter" or "in this
code"; and the words "this chapter" shall mean "this chapter and the
tables, maps, fees schedules included herein, or by reference, as
enacted or subsequently amended."
4. The word "shall" is always mandatory and not permissive, except "shall"
is directory when applied to public officials. The word "may" is permissive.
The word "person" as used in this chapter shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form of entity, contractors, subcontractors or journeymen. The words
"includes" and "including" shall not limit the defined term to the
specific examples, but are intended to extend the term's meaning
to other instances of like kind and character. The terms "used" or
"occupied" as applied to any land or building shall be construed to
include the words "intended, arranged or designed to be used or occupied."
5. The "Township" is the Township of North Strabane, Washington County,
Commonwealth of Pennsylvania, including the Board of Supervisors,
Zoning Hearing Board, and Planning Commission of the Township.
6. "Chapter" is a term of reference and refers to this chapter.
[Ord. No. 406, 7/25/2023]
The following laws shall apply to all tower-based wireless communications
facilities:
1. Procedures.
A. Any applicant proposing construction of a new tower-based WCF shall submit detailed plans to the Zoning Officer or their designee for review and determination by the Zoning Hearing Board, as a special exception use permit in accordance with Chapter
27, Part
13, §
27-1301 et seq., and subject to the restrictions and conditions prescribed herein, as well as the prior written approval of the municipality.
B. The applicant shall prove that it is licensed by the FCC to operate
a tower-based WCF and that the proposed tower-based WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
2. Development Requirements. Tower-based wireless communications facilities
shall be developed in accordance with the following requirements:
A. Permitted Subject to Conditions. Any tower-based WCF that is either
not mounted on any existing support structure or is more than 25 feet
higher than the support structure on which it is mounted is permitted
in certain zoning districts as a special exception use permit, subject
to the restrictions and conditions prescribed herein and subject to
the prior written approval of the municipality. The Board may grant
a special exception use permit in accordance with the procedures and
requirements of this Part and the North Strabane Township Code of
Ordinances.
(1)
Siting. Tower-based WCF are prohibited in all zoning districts
and shall only be permitted in the following districts by special
exception use permit, in accordance with the requirements and prohibitions
of this Part:
(a)
C-2 Regional Commercial District; and
(2)
Coverage or Capacity. An applicant for a tower-based WCF must
demonstrate that a gap in wireless coverage or capacity exists and
that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the municipality's decision on an application
for approval of tower-based WCFs.
(3)
Collocation. An applicant for a tower-based WCF must demonstrate
there is not suitable space on existing wireless service facilities
or other wireless service facility sites or on another sufficiently
tall structure where the intended wireless service facility can be
accommodated and function as required by its construction permit or
license without unreasonable modification.
(4)
Site Plan. An applicant for a tower-based WCF must submit a
full site plan to the Township Zoning Officer or their designee which
shall include, but shall not be limited to, the following documentation
and materials:
(a)
Written authorization from the property owner of the proposed
tower-based WCF site that such facility may be sited on the property;
written authorization from the property owner consenting to the making
of the application to the Township for special exception use; written
acknowledgment from the property owner of being bound by this chapter,
the conditions of any site plan approval authorized by the Township,
and all other requirements of the North Strabane Township Code of
Ordinances.
(b)
A site plan that is drawn to scale and shows the following features:
property boundaries; any tower guy wire anchors and other apparatus;
existing and proposed support structures; scaled elevation view; access
road(s) location and surface material; parking area; fences; power
source(s); location and content of (any or warning) signs; exterior
lighting specifications; landscaping plan; land elevation contours;
existing land uses surrounding the site; proposed transmission building
and/or other accessory uses with details; elevations; and proposed
use(s).
(c)
A written report that includes, but is not limited to, the following
documentation and materials: information describing the tower height
and design; a cross-section of the tower; engineering specifications
detailing construction of the tower, base and guy wire anchorage;
information describing the proposed painting and lighting schemes;
information describing the tower's capacity, including, but not
limited to, the number and type of antennas that it can accommodate;
radio frequency coverage including, but not limited to, scatter plot
analysis and the input parameters for the scatter plot analysis. All
tower structure information shall be certified by a registered professional
engineer (PE) licensed by the Commonwealth of Pennsylvania; and all
wireless telecommunications data shall be certified by an appropriate
wireless telecommunications professional.
(d)
A written report, titled "Cost of Wireless Facilities Removal,"
certified by a registered professional engineer (PE) licensed by the
Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and all related facilities.
(e)
All other uses ancillary to the tower-based WCF and associated
equipment (including, but not limited to, a business office, maintenance
depot, or vehicle storage) are prohibited from the tower-based WCF
site unless otherwise permitted in the zoning district in which the
tower-based WCF site is located.
(f)
Where the tower-based WCF is located on a property with another
principal use, the applicant shall prove that the owner of the property
has granted an easement for the proposed facility and that vehicular
access is provided to the facility.
(g)
An inventory of its existing wireless communications facilities,
including, but not limited to, all tower-based, non-tower, and small
WCF, that are either sited within North Strabane Township or within
1/4 mile of the border thereof. Such inventory shall include specific
information about the location, height, design, and use of each wireless
communications facility. The municipality may share such information
with other applicants applying for site plan approvals or special
exception use permits under this chapter, or other organizations seeking
to locate wireless communications facilities within the municipality;
provided, however, that the municipality is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(h)
An evaluation of the need for additional buffer yard treatments.
(i)
Material terms of the ground lease or property lease, including,
but not limited to, the length of time of the lease.
(j)
Other information deemed to be necessary by the municipality
to assess compliance with this section, or any other requirement under
the North Strabane Township Code of Ordinances, state law, or federal
law or regulation.
B. Underground District. Tower-based WCF shall not be located in, or
within 300 feet of, an area in which utilities are required to be
located underground, including, but not limited to, planned developments.
C. Prohibited in Open Space and Conserved Lands. Tower-based WCFs shall
not be located within an open space or conserved land. Tower-based
WCFs shall not be located within a conservation district.
D. Prohibited in Environmentally Sensitive Areas. No tower-based WCF
shall be located in, or within 1,000 feet of, the habitat of a threatened
or endangered animal species.
E. Sole Use on a Lot. A tower-based WCF may be 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.
F. 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 residential, industrial, commercial, institutional or
municipal use, subject to the following conditions:
(1)
Existing Use. The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
wireless communications facility.
(2)
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
G. Minimum Setbacks for Towers. If a new tower is constructed (as opposed
to mounting the antenna on an existing tower or wireless support structure),
the minimum distance between the tower and any property line or public
right-of-way line shall be equal to the height of the tower, or the
distance of the corresponding minimum yard setback (front, side and
rear) for the zoning district in which the lot is located and any
other additional requirements for that zoning district, whichever
is greater. Guy wires and accessory facilities must also satisfy the
minimum zoning district setback requirements.
H. Minimum Setbacks and Buffers for Accessory Structures. All tower-based
WCF installations shall comply with the accessory structure setback,
buffer, lot, and yard requirements in the North Strabane Township
Code of Ordinances, and shall be mounted in the rear yard or on the
roof unless reception is inhibited or visibility increased.
I. Separation. A tower-based WCF with a height greater than 90 feet
shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
3. Timing of Determination. All applications for tower-based WCFs shall
be acted upon within 150 days following the receipt of both a fully
complete application for the approval of such tower-based WCF and
a fully paid, nonrefundable application fee in an amount specified
by the fee schedule for wireless communications facilities (WCF).
If the municipality receives an application for a tower-based WCF
and such application is not fully completed, then the municipality
shall notify the applicant in writing within 30 days that the application
is not complete and the time for the approval of such application
shall not commence until a fully complete application is received
by the municipality. Unpaid applications are incomplete and not duly
filed with the Township.
4. Notice. No later than 30 days following the submission of a fully
complete application for a tower-based WCF and the scheduling of the
public hearing (if required), the applicant shall mail notice to all
owners of every property within a five-hundred-foot radius of the
proposed wireless communications facility. The applicant shall provide
proof of mailing of the notification to the municipality within 15
days of completion of notification. If a public hearing is required,
notice of any hearing before the Township Board shall be published
in a newspaper circulating within North Strabane Township at least
10 days prior to the date of said hearing; any mailing of notices
that may be required by the Township Board shall be completed at least
10 days before such hearing and the proof of mailing shall be provided
to the municipality at least five days before such hearing. The preparation
and cost of publication and mailing of any notice required for such
hearing shall be at the cost and expense of the applicant. Proof of
mailing to all required property owners shall be demonstrated by providing
the municipality with a certificate or proof of mailing (United States
Postal Service Form 3817 or 3877).
5. Collocation.
A. An application for a new tower-based WCF shall not be approved unless
the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or wireless support structure.
B. Any applicant proposing construction of a new tower-based WCF outside
the public rights-of-way shall demonstrate to the satisfaction of
the municipality, by written submission, that a good-faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing structure or wireless support structure. The Township
may deny any application to construct a new tower if the applicant
has not made a good-faith effort to collocate the antenna on an existing
tower, structure, or other wireless support structure. A good-faith
effort shall require that all owners of potentially suitable towers,
structures, or wireless support structures within a 1/4 mile radius
of the proposed tower-based WCF site be contacted and that the applicant
certifies in writing to the Zoning Officer or their designee that
one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed WCF and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at reasonable cost;
(2)
The proposed WCF and related equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at reasonable cost;
(3)
Such existing structure does not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function; and/or
(4)
A commercially reasonable agreement cannot be reached with the
owner(s) of such structure.
6. 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 Communications Infrastructure
Contractors Association (formerly, 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, health, or
safety of any person or damage any property in the municipality.
7. Wind and Ice. All tower-based WCF structures shall be designed to
withstand the effects of wind and ice according to the standards promulgated
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). All tower-based
WCF structures shall also be designed and constructed to withstand
the wind and ice loads for the place of installation in accordance
with the Pennsylvania Uniform Construction Code.
8. Height. Any tower-based WCF shall be designed and constructed at
the minimum functional height. All tower-based WCF applicants must
submit documentation to the municipality justifying the total height
of the structure. In no case shall a tower-based WCF exceed a maximum
height of 180 feet.
9. 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.
10. Maintenance. The following maintenance requirements shall apply:
A. Any tower-based WCF shall be fully automated and unattended on a
daily basis and shall be visited only for maintenance or emergency
repair.
B. Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the public.
C. All maintenance activities shall utilize nothing less than the best
available technology and practices for preventing failures and accidents.
D. The municipality reserves the authority to require the timely cleaning,
repainting, or repair of a tower-based WCF, including, but not limited
to, the tower, accessory equipment, and any other area where the exterior
surface or appearance of such facility is not regularly or properly
maintained, cleaned, repainted, or repaired.
E. In the event of defacement, vandalism, or any other form of harm
or damage, the municipality reserves the authority to require the
immediate cleaning, repainting, or repair of a tower-based WCF, including,
but not limited to, the tower, accessory equipment, and any other
area where the exterior surface or appearance of such facility is
defaced, vandalized, harmed, or otherwise damaged.
F. Tower-based WCF operators bear sole financial responsibility for
all maintenance or emergency repair costs.
11. 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. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Township
Zoning Officer on an annual basis, or within 30 days following a written
request by the Township. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any tower-based WCF that:
A. Fails to timely submit annual proof of compliance;
B. Fails to timely respond to Township's written request for compliance;
or
C. Is generating radio frequency emissions in excess of the standards
and regulations of the FCC.
12. Historic Buildings and Districts. No tower-based WCF may be located
in or within 1,000 feet of any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark.
13. Signs. All tower-based WCFs shall post a sign, reasonable in size,
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency. No other signage
or display is permitted.
14. Lighting. Tower-based WCF 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
to the Township a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
15. Emergency Power Supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on-site
and equipped with sufficient power reserves to supply continuous electric
power to operate the tower-based WCF and its antennas for a period
of 10 days. The secondary source of electric power shall not be used,
except in emergency situations involving the loss of the primary power
source. The WCF operator may activate the electric generator on weekdays,
between 9:00 a.m. and 5:00 p.m. excluding federal holidays, to test
the secondary power source or to perform routine maintenance on the
electric generator, provided that the WCF operator deliver written
notice to the Township Manager at least five business days prior to
such electric generator testing or electric generator maintenance.
16. 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 North Strabane Township Code of Ordinances, Chapter
6, Part
3, § 301, Unnecessary Noise Prohibited, except as provided with respect to the use of an electrical generator in this chapter, where such noise standards may be exceeded on a temporary basis only.
17. Aviation Safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
18. Inspection Report Requirements. No later than the first day of December
of each odd-numbered year, or within 30 days following a written request
by the municipality, the owner of the tower-based WCF shall have said
tower-based WCF structure inspected by a Pennsylvania-licensed and
registered professional engineer (PE) who is regularly involved in
the maintenance, inspection, and/or erection of tower-based WCFs.
At a minimum, this inspection shall be conducted in accordance with
the Tower Inspection Class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel antenna
towers and antenna support structures. A copy of said inspection report
and certification of continued use shall be provided to the Township
Zoning Officer or their designee following the inspection. Any repairs
advised by the report shall be effected by the owner no later than
60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the tower-based WCF structure shall again be inspected in accordance
with the parameters and requirements described herein. In the event
an inspection reveals an emergency, the tower-based WCF operator shall
immediately notify the Township Manager of the emergency and shall
immediately act to repair or resolve the emergency.
19. Retention of Consultants and 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 Part. Upon written demand, the
applicant and/or owner of the WCF shall timely reimburse the Township
for all reasonable costs of the Township's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities.
A. For reasonable costs incurred in reviewing and evaluating the application
for approval, the costs shall be due upon application and the Township
shall not issue a permit until the applicant and/or owner of the WCF
has timely reimbursed the Township.
B. For reasonable costs incurred in reviewing and evaluating any potential
violations of the terms and conditions of this Part, the costs shall
be due upon written demand to the WCF operator and failure to timely
reimburse the Township shall be considered as substantial evidence
of a material violation of the conditions of the permit, for which
the Township may revoke the permit pursuant to this Part.
20. 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 Part. An operator of a damaged or
destroyed nonconforming tower-based WCF must obtain a building permit
in conformance with the Township Code prior to repairing or restoring
the nonconforming tower-based WCF. The Township shall not finalize
a building permit where the nonconforming tower-based WCF does not
otherwise comply with the terms and conditions of this Part.
21. 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
Zoning Officer, at least 90 days in advance of the discontinuance
date, of its intent to discontinue use and the date when the use shall
be discontinued.
A. All unused or abandoned tower-based WCFs and accessory facilities
shall be removed, and the location restored, within six months of
the cessation of operations at the site unless a time extension is
approved by the municipality.
B. Upon removal of the facility, the tower-based WCF owner and/or operator
shall repair and restore the site, including, but not limited to,
the premises and the surrounding environs, to alleviate the aesthetic
impact. The municipality reserves the right to specify minimum standards
of repair and restoration of a location based upon aesthetic and land
use impact, or any other lawful considerations related to the character,
operation, or functionality of the municipality.
C. If the tower-based WCF, accessory facilities, and wireless support
structure are not removed, or the location completely restored, within
six months of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF accessory facilities
and wireless support structure may be removed by the municipality,
and the location restored, and the cost of removal and/or restoration
assessed against the owner of the WCF. Any cost to the municipality
for such removal and/or restoration, which is not paid under the owner's
bond, shall constitute a lien on the tax lot on which the tower-based
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
D. Any unused portions of tower-based WCFs, including, but not limited
to, antennas, equipment, and wireless support structure, shall be
removed within six months of the time of cessation of operations and
such location(s) restored. The municipality must approve all replacements
of portions of a tower-based WCF previously removed.
22. Public Rights-of-Way. No tower-based wireless communications facility
shall be located, in whole or in part, within the public rights-of-way.
23. Eligible Facilities Request.
A. Applicants proposing a modification to an existing tower-based WCF
that does not substantially change the dimensions of the underlying
wireless support structure shall be required only to obtain a building
permit from the municipality.
B. In order to be considered for such permit, the tower-based WCF applicant
must submit a building permit application to the municipality in accordance
with the North Strabane Township Code of Ordinances.
C. In order to be considered for such permit, the tower-based WCF applicant
must also submit a certified engineering report from a registered
and active professional engineer (PE), licensed by the Commonwealth
of Pennsylvania, who is regularly involved in the maintenance, inspection,
and/or modification of tower-based WCFs.
D. The timing of determination for tower-based WCF operators proposing
a modification to an existing tower-based WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
(1)
Within 30 calendar days of the date that an application for
a modification to an existing tower-based WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Township, the municipality 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.
(2)
An application for a modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be deemed complete when
all documents, information and fees required by the municipality's
regulations, laws and forms pertaining to the location, modification
or operation of wireless communications facilities are submitted by
the applicant to the municipality. In case of incompleteness of the
application, the municipality 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 complete application
is received by the municipality.
(3)
Within 60 days of receipt of a complete application for a modification
to an existing tower-based WCF that does not substantially change
the dimensions of the underlying structure or wireless support structure,
the Township shall make a final decision on whether to approve or
deny the application and shall notify the tower-based WCF applicant
in writing of such decision.
E. Within 30 days of completion of any modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
wireless support structure, the applicant shall have said modifications
inspected by a Pennsylvania-licensed and registered and active professional
engineer (PE) who is regularly involved in the maintenance, inspection,
and/or modification of tower-based WCFs. A copy of said inspection
report and certification of continued use shall be provided to the
Township Zoning Officer following the inspection. Any repairs advised
by the report shall be completed by the owner no later than 60 calendar
days after the report is filed with the municipality. No later than
30 calendar days upon completion of aforesaid repairs, the tower-based
WCF shall again be inspected in accordance with the parameters and
requirements described herein.
24. Design Regulations.
A. Any height extensions to an existing tower-based WCF shall require
prior approval of the municipality. The municipality reserves the
right to deny such requests based upon aesthetic and land use impact,
or any other lawful considerations related to the character of the
municipality.
B. The tower-based WCF shall employ the most current and effective 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 municipality.
C. Any proposed tower-based WCF shall be designed and constructed in
all respects, including, but not limited to, structurally and electronically,
to accommodate both the tower-based WCF applicant's antennas
and comparable antennas for future users.
D. All utilities that are extended to the site of the tower-based WCF
shall be placed underground.
25. Surrounding Environs.
A. The tower-based WCF operator shall ensure that the existing vegetation,
trees and shrubs located within proximity to the tower-based WCF structure
shall be preserved to the maximum extent possible.
B. The tower-based WCF applicant shall include in its site plan submission
pursuant to this chapter a soil report to the municipality complying
with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-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.
26. Fence/Screen.
A. A security fence having a height of 10 feet and a locking gate security
mechanism shall completely surround any tower-based WCF, guy wires,
or any building housing WCF equipment. The materials selected for
the security fence shall be determined by the municipality, and shall
not include any barbed wire or chain-link material.
B. An evergreen screen shall be required to surround the site and the
selection of evergreen trees shall be determined by the municipality
or conform to the approved tree genus and species enumerated in the
North Strabane Township Code of Ordinances. The screen can be either
a hedge (planted three feet on center maximum) or a row of evergreen
trees (planted 10 feet on center maximum). The evergreen screen shall
be a minimum height of six feet at planting and shall grow to a minimum
of 15 feet at maturity.
C. Existing mature tree growth, vegetation, and natural land forms on
and around the site shall be preserved to the maximum extent possible.
In some cases, such as tower-based WCF sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
27. Accessory Equipment.
A. Ground-mounted equipment associated to, or connected with, a tower-based
WCF shall be underground or screened from public view using stealth
technologies, as described above.
B. All utility buildings and accessory structures shall be architecturally
designed and constructed to blend into the environment in which they
are situated and shall meet the minimum setback requirements of the
underlying zoning district. The architectural design and construction
of such utility buildings and accessory structures shall be subject
to the approval of the municipality.
28. Additional Antennas. As a condition of approval for all tower-based
WCFs, the applicant shall provide the municipality with a written
commitment that it will allow other service providers to collocate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the municipality.
29. Access Road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to the 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. The access road and parking
shall comply with the construction and stormwater regulations of the
Township. Where applicable, the WCF owner shall present documentation
to the municipality that the property owner has granted an easement
for the proposed facility. The easement shall be a minimum of 20 feet
in width and the access shall be improved to a width of at least 10
feet with a dust-free, all-weather surface throughout its entire length.
30. Bond. Prior to the issuance of a special exception use permit, a
tower-based WCF applicant 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.
The bond shall provide that the municipality may recover from the
principal and surety any and all compensatory damages incurred by
the municipality for violations of this Part, including, but not limited
to, legal fees and expenses in enforcing the law, after reasonable
notice and opportunity to cure. The owner shall file the bond with
the municipality and maintain the bond for the life of the respective
facility. The owner of the tower-based WCF shall maintain a bond in
the following amounts:
A. An amount of $75,000 to assure the faithful performance of the terms
and conditions of this Part.
B. An amount determined by the Township Board based on engineering estimates,
to cover the cost of removing and disposing of the antenna, tower,
and related facilities. The Township Board may consider, but shall
not be required to rely upon, applicant's written report, titled
"Cost of Wireless Facilities Removal," certified by a registered professional
engineer (PE) licensed by the Commonwealth of Pennsylvania.
C. From time to time, but no more frequently than once during any five-year
period, the Township Board, at its sole discretion, may adjust the
amount of the bond and require the submission of a new or modified
bond based on engineering estimates of the cost of the removal and
disposal of the tower, antenna, and associated facilities. The wireless
communications facility operator may submit a written report, titled
"Adjusted Cost of Tower Based Wireless Facilities Removal," certified
by a registered professional engineer (PE) licensed by the Commonwealth
of Pennsylvania and containing engineering estimates of the cost of
the removal and disposal of the tower, antenna, and associated facilities
to the Township Board. The Township Board may consider, but shall
not be required to rely upon, operator's written report in determining
the adjusted bond amounts.
31. Visual or Land Use Impact. The municipality 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.
32. Graffiti. Any graffiti on the tower-based WCF, including, but not
limited to, the 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 municipality.
33. Inspection by Municipality. The municipality reserves the right to
inspect any tower-based WCF to ensure compliance with the provisions
of this Part and any other provisions of the North Strabane Township
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property upon
which a tower-based WCF is located at any time, upon reasonable notice
to the operator, to ensure such compliance. In the event of an emergency,
the Township reserves the authority to enter the property upon which
a tower-based WCF is located at any time and without prior notice.
[Ord. No. 406, 7/25/2023]
The following laws shall apply to all non-tower wireless communications
facilities:
1. Procedures.
A. Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings to the Zoning Officer or their designee indicating how the non-tower WCF will be mounted on the structure, for review and determination by the Zoning Hearing Board, as a special exception use permit in accordance with Chapter
27, Part
13, §
27-1301 et seq., and subject to the restrictions and conditions prescribed herein, as well as the prior written approval of the municipality.
B. The applicant shall prove that it is licensed by the FCC to operate
a non-tower WCF and that the proposed non-tower WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
2. Development Requirements. Non-tower wireless communications facilities
shall be collocated on existing structures, such as existing buildings
or wireless support structures, subject to the following conditions:
A. Permitted Subject to Conditions. Subject to the restrictions and
conditions prescribed herein, non-tower WCFs are permitted in certain
zoning districts by special exception use permit upon review and approval
by the Zoning Hearing Board, in accordance with the procedures and
requirements of the North Strabane Township Code of Ordinances.
(1)
Siting. Non-tower WCFs are prohibited in all zoning districts
and permitted in the following zoning districts by special exception
use permit, subject to the requirements and prohibitions of this Part:
(a)
A-1 Agricultural District;
(b)
A-2 Agricultural District;
(c)
R-1-V Village Residential District;
(d)
R-2 Suburban Residential District;
(e)
R-3 High-Density Residential District;
(f)
C-1 Highway Commercial District;
(g)
C-2 Regional Commercial District; and
(2)
Height. Any non-tower WCF shall not exceed the maximum height
permitted in the applicable zoning district.
(3)
Equipment Building. If the non-tower 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.
(4)
Fencing. A security fence having a height of 10 feet and a locking
gate security mechanism, 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.
(5)
Residential Attachment Prohibited. Non-tower WCFs shall not
be located on single-family detached residences, single-family attached
residences, or any accessory residential structure.
3. Site Plan. An applicant for a non-tower WCF must submit a full site
plan to the Township Zoning Officer or their designee which shall
include:
A. Written authorization from the wireless support structure owner of
the proposed non-tower WCF site that such facility may be sited on
the wireless support structure. Written authorization from the wireless
support structure owner consenting to the making of the application
to the municipality for special exception use. Written acknowledgment
from the wireless support structure owner of being bound by this chapter,
the conditions of any site plan approval authorized by the municipality,
and all other requirements of the North Strabane Township Code of
Ordinances.
B. A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennas; existing or proposed
electrical power source; and scaled elevation view.
C. A written report including, but not limited to: information describing
the antenna height and design; a cross-section of the wireless support
structure; engineering specifications detailing attachment of the
antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage
including, but not limited to, scatter plot analysis and the input
parameters for the scatter plot analysis; all wireless support structure
information to be certified by a registered professional engineer
(PE) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications
data to be certified by an appropriate wireless telecommunications
professional.
D. Certification by a registered professional engineer (PE) licensed
by the Commonwealth of Pennsylvania that the proposed non-tower WCF
installation will not exceed the structural capacity of the wireless
support structure considering wind, ice, and any other loads and stresses
associated with the non-tower WCF.
E. A written report, titled "Cost of Non-Tower Wireless Facilities Removal,"
certified by a registered professional engineer (PE) licensed by the
Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of antenna and related facilities.
F. An inventory of its existing wireless communications facilities,
including, but not limited to, all tower-based, non-tower, and small
WCF, that are either sited within North Strabane Township or within
1/4 mile of the border thereof. Such inventory shall include specific
information about the location, height, design, and use of each wireless
communications facility. The municipality may share such information
with other applicants applying for site plan approvals or special
exception use under this chapter or other organizations seeking to
locate antennas within the municipality; provided, however, that the
municipality is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
G. Material terms of the support structure lease or property lease,
including, but not limited to, the length of time of the lease.
H. Other information deemed to be necessary by the municipality to assess
compliance with this section, or any other requirement under the North
Strabane Township Code of Ordinances, state law, or federal law or
regulation.
4. Eligible Facilities Request.
A. Applicants proposing a modification to an existing non-tower WCF
that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a building permit from the municipality.
B. In order to be considered for such permit, the non-tower WCF applicant
must submit a building permit application to the municipality in accordance
with the North Strabane Township Code of Ordinances.
C. In order to be considered for such permit, the non-tower WCF applicant
must also submit a certified engineering report from a registered
and active professional engineer (PE), licensed by the Commonwealth
of Pennsylvania, who is regularly involved in the maintenance, inspection,
and/or modification of non-tower WCFs.
D. The timing of determination for non-tower WCF operators proposing
a modification to an existing non-tower WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
(1)
Within 30 calendar days of the date that an application for
a modification to an existing non-tower WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Township, the municipality 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.
(2)
An application for a modification to an existing non-tower WCF
that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be deemed complete when
all documents, information and fees required by the municipality's
regulations, laws and forms pertaining to the location, modification
or operation of wireless communications facilities are submitted by
the applicant to the municipality. In case of incompleteness of the
application, the municipality 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 complete application
is received by the municipality.
(3)
Within 60 days of receipt of a complete application for a modification
to an existing non-tower WCF that does not substantially change the
dimensions of the underlying structure or wireless support structure,
the Township shall make a final decision on whether to approve or
deny the application and shall notify the non-tower WCF applicant
in writing of such decision.
E. Within 30 days of completion of any modification to an existing non-tower
WCF that does not substantially change the dimensions of the underlying
wireless support structure, the applicant shall have said modifications
inspected by a Pennsylvania-licensed and registered and active professional
engineer (PE) who is regularly involved in the maintenance, inspection,
and/or modification of non-tower WCFs. A copy of said inspection report
and certification of continued use shall be provided to the Township
Zoning Officer following the inspection. Any repairs advised by the
report shall be completed by the owner no later than 60 calendar days
after the report is filed with the municipality. No later than 30
calendar days upon completion of aforesaid repairs, the non-tower
WCF shall again be inspected in accordance with the parameters and
requirements described herein.
5. Visual or Land Use Impact. The municipality reserves the right to
deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
6. Historic Buildings and Districts. No non-tower WCF may be located
on, or within 1,000 feet of, any historic or preservation district,
property, or on a building or structure that is listed on either the
National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, or is included in the official historic structures
list maintained by the municipality, or so designated as a landmark.
7. Prohibited in Open Space and Conserved Lands. Non-tower WCFs shall
not be located within an open space or conserved land.
8. Timing of Determination. All applications for non-tower WCFs shall
be acted upon by the municipality within 90 days following the receipt
of both a fully complete application for the approval of such WCF
and a fully paid, nonrefundable application fee in an amount specified
by the fee schedule for wireless communications facilities (WCF).
If the municipality receives an application for a non-tower WCF and
such application is not fully completed, then the municipality shall
notify the applicant in writing within 30 days that the application
is not complete and the time for the approval of such application
shall not commence until a fully complete application is received
by the municipality. Unpaid applications are incomplete and not duly
filed with the Township.
9. Retention of Consultants and 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 non-tower WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Part. Upon written demand, the
applicant and/or owner of the WCF shall timely reimburse the Township
for all reasonable costs of the Township's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities.
A. For reasonable costs incurred in reviewing and evaluating the application
for approval, the costs shall be due upon application and the Township
shall not issue a permit until the applicant and/or owner of the WCF
has timely reimbursed the Township.
B. For reasonable costs incurred in reviewing and evaluating any potential
violations of the terms and conditions of this Part, the costs shall
be due upon written demand to the WCF operator and failure to timely
reimburse the Township shall be considered as substantial evidence
of a material violation of the conditions of the permit, for which
the Township may revoke the permit pursuant to this Part.
10. Bond. Prior to the issuance of a special exception use permit, the
owner of a non-tower WCF shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Township Solicitor.
The bond shall provide that the municipality may recover from the
principal and surety any and all compensatory damages incurred by
the municipality for violations of this Part, after reasonable notice
and opportunity to cure. The owner shall file the bond with the municipality
and maintain the bond for the life of the respective facility. The
owner of the non-tower WCF shall maintain a bond in the following
amounts:
A. An amount of $75,000 to assure the faithful performance of the terms
and conditions of this Part.
B. An amount determined by the Township Board based on engineering estimates,
to cover the cost of removing and disposing of the antenna and related
facilities. The Township Board may consider, but shall not be required
to rely upon, applicant's written report, titled "Cost of Non-Tower
Wireless Facilities Removal," certified by a registered professional
engineer (PE) licensed by the Commonwealth of Pennsylvania.
C. From time to time, but no more frequently than once during any five-year
period, the Township Board, at its sole discretion, may adjust the
amount of the bond and require the submission of a new or modified
bond based on engineering estimates of the cost of the removal and
disposal of the antenna and associated facilities. The wireless communications
facility operator may submit a written report, titled "Adjusted Cost
of Non-Tower Wireless Facilities Removal," certified by a registered
professional engineer (PE) licensed by the Commonwealth of Pennsylvania
and containing engineering estimates of the cost of the removal and
disposal of the antenna and associated facilities to the Township
Board. The Township Board may consider, but shall not be required
to rely upon, operator's written report in determining the adjusted
bond amounts.
11. Design Regulations.
A. Non-tower WCFs shall employ stealth technology and be treated to
match the supporting structure or wireless support 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
municipality.
B. Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
C. All non-tower WCF applicants must submit documentation to the municipality
justifying the total height of the non-tower support structure or
wireless support structure. Such documentation shall be analyzed in
the context of such justification on an individual basis.
D. Antennas, and their respective accompanying support structures, shall
be no greater in diameter than any cross-sectional dimension than
is reasonably necessary for their proper functioning.
12. Standard of Care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life or safety of any person or damage any property in
the municipality.
13. Wind and Ice. All non-tower WCF structures shall be designed and
constructed to withstand the effects of wind and ice 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). All non-tower WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
14. Public Safety Communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
15. Radio Frequency Emissions. No non-tower WCF may, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including, but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such non-tower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Township
Zoning Officer on an annual basis, or within 30 days following a written
request by the Township. A non-tower WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any non-tower WCF that:
A. Fails to timely submit annual proof of compliance.
B. Fails to timely respond to Township's written request for compliance;
or
C. Is generating radio frequency emissions in excess of the standards
and regulations of the FCC.
16. Aviation Safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
17. Inspection Report Requirements. No later than the first day of December
of each odd-numbered year, or within 30 days following a written request
by the municipality, the owner of the non-tower WCF shall have said
non-tower WCF inspected by a Pennsylvania-licensed and registered
professional engineer (PE) who is regularly involved in the maintenance,
inspection, and/or modification of non-tower WCFs. A copy of said
inspection report and certification of continued use shall be provided
to the Township's Zoning Officer or their designee following
the inspection. Any repairs advised by the report shall be effected
by the owner no later than 60 calendar days after the report is filed
with the municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the non-tower WCF shall again be inspected in
accordance with the parameters and requirements described herein.
In the event an inspection reveals an emergency, the non-tower WCF
operator shall immediately notify the Township Manager of the emergency
and shall immediately act to repair or resolve the emergency.
18. Maintenance. 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 municipality's
residents.
C. All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents.
D. The municipality reserves the authority to require the cleaning,
repainting, or repair of a non-tower WCF, including, but not limited
to, the antennas, accessory equipment, and any other area where the
exterior surface or appearance of such facility is not regularly or
properly maintained, cleaned, repainted, or repaired.
E. In the event of defacement, vandalism, or any other form of harm
or damage, the municipality reserves the authority to require the
immediate cleaning, repainting, or repair of a non-tower WCF, including,
but not limited to, the antennas, wireless support structure, accessory
equipment, and any other area where the exterior surface or appearance
of such facility is defaced, vandalized, harmed, or otherwise damaged.
F. Non-tower WCF operators bear sole financial responsibility for all
maintenance or emergency repair costs.
19. Upgrade, Replacement, Modification.
A. The removal and replacement of non-tower WCFs and/or accessory equipment
for the purpose of upgrading, replacing, modifying, or repairing the
non-tower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
non-tower WCF or the number of antennas.
B. Any material modification to a non-tower WCF shall require a prior
amendment to the original permit or authorization.
20. Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the municipality or 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 non-tower WCFs and accessory facilities shall
be removed, and the location restored, within three months of the
cessation of operations at the site unless a time extension is approved
by the municipality.
B. Upon removal of the facility, the non-tower WCF owner and/or operator
shall repair and restore the site, including, but not limited to,
the premises and the surrounding environs, to alleviate the aesthetic
impact. The municipality reserves the right to specify minimum standards
of repair and restoration of a location based upon aesthetic and land
use impact, or any other lawful considerations related to the character,
operation, or functionality of the municipality.
C. If the non-tower WCF, accessory facilities, and wireless support
structure is not removed, or the location completely restored within
three months of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF and/or related
facilities and equipment may be removed by the municipality, and the
location restored, and the cost of removal and/or restoration assessed
against the owner of the WCF. Any cost to the municipality for such
removal and/or restoration which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the non-tower
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
D. Any unused portions of non-tower WCFs, including, but not limited
to, antennas, equipment, and wireless support structure, shall be
removed within three months of the time of cessation of operations
and such location(s) restored. The municipality must approve all replacements
of portions of a non-tower WCF previously removed.
21. Graffiti. Any graffiti on the non-tower WCF, including, but not limited
to, the antennas, the wireless support structure, or on any communications
equipment or accessory equipment, shall be removed at the sole expense
of the owner within 10 days of notification by the municipality.
22. Public Rights-of-Way. No non-tower WCF shall be located, in whole
or in part, within the public rights-of-way.
23. Signs. All non-tower 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. No other signage or display is permitted.
24. Lighting. Non-tower WCF shall not be artificially lighted, except
as required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
25. Emergency Power Supplies. Where practicable, non-tower WCF shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on-site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the non-tower
WCF and its antennas for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Township Manager
at least five business days prior to such electric generator testing
or electric generator maintenance.
26. Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the North Strabane Township Code of Ordinances, Chapter
6, Part
3, § 301, Unnecessary Noise Prohibited, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.
27. Inspection by Municipality. The municipality reserves the right to
inspect any non-tower WCF to ensure compliance with the provisions
of this chapter and any other provisions found within the North Strabane
Township Code of Ordinances or state or federal law or regulation.
The municipality and/or its agents shall have the authority to enter
the property upon which a non-tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
[Ord. No. 406, 7/25/2023]
The following laws shall apply to small wireless communications
facilities:
1. Development Requirements.
A. Small WCF are prohibited, except by approval from the Township's
Zoning Officer or their designee, subject to the requirements of this
section and generally applicable permitting as required by the North
Strabane Township Code of Ordinances and all applicable Township ordinances.
B. Small WCF located within areas that require utilities to be located
underground shall be collocated on existing or replacement wireless
support structures. No new wireless support structure may be installed
for the purpose of supporting a small WCF within planned developments,
zoning districts, or subportions thereof, that require utilities to
be located underground.
C. 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.
D. All small WCF shall comply with the applicable requirements of the
Americans with Disabilities Act and all applicable streets and sidewalks requirements
in the North Strabane Township Code of Ordinances.
E. Small WCFs shall not be located or attached on single-family detached
residences, single-family attached residences, or any accessory residential
structure.
2. Procedures.
A. Any applicant proposing a small WCF shall submit an application to
the Township Zoning Officer or their designee for site plan review
and administrative determination.
B. 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.
C. The applicant shall provide a written report, titled "Cost of Small
Wireless Facilities Removal and Disposal," certified by a registered
and active professional engineer (PE) licensed by the Commonwealth
of Pennsylvania, detailing the total cost of removing and disposing
of the small WCF and all related facilities, and restoring the public
rights-of-way in as reasonably good condition as before the existence
of the facility.
3. Timing of Determination. All applications for small WCFs shall be
acted upon by the municipality within a specific number of days following
the receipt of both a fully complete application for the approval
of such small WCF and a fully paid, nonrefundable application fee
in an amount specified by the fee schedule for wireless communications
facilities (WCF). Unpaid applications are incomplete and not duly
filed with the Township. The timing of determination for small WCF
applicants shall be as follows:
A. Within 10 calendar days of the date that an application for a small
WCF is filed with the Township Zoning Officer or their designee, the
municipality 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.
B. Within 60 days of receipt of a complete application for collocation
of a small WCF on a preexisting wireless support structure, the Township's
Manager or their designee shall make a final decision on whether to
approve or deny the application and shall notify the WCF applicant
in writing of such decision.
C. Within 90 days of receipt of a complete application for a small WCF
requiring the installation of a new wireless support structure, the
Township Zoning Officer or their designee shall make a final decision
on whether to approve the application and shall notify the WCF applicant
in writing of such decision.
4. Basis of Denial of Application. The Township retains the authority
to deny an application to construct, place, modify, or operate a small
WCF in the public rights-of-way if any of the following apply:
A. The small WCF 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 (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian
access or movement.
B. The small WCF fails to comply with the North Strabane Township Code
of Ordinances, or any other applicable ordinance or code.
C. The small WCF fails to comply with the requirements specified under
any applicable state law.
D. The small WCF fails to comply with the requirements specified under
federal law or regulation.
E. The applicant fails to submit a written report by a Pennsylvania-licensed
and registered professional engineer (PE), who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs,
demonstrating that the small WCF in the public rights-of-way will
comply with all applicable FCC regulations.
5. Documentation of Denial in Writing. Within the applicable shot clock
time frames established by this Part, the municipality shall document
the basis for an Application denial, in writing, including, but not
limited to, the specific provisions of applicable codes on which the
denial was based, and shall send the documentation to the applicant
within five business days following the denial of an Application to
construct, place, modify or operate a small WCF in the public rights-of-way.
6. Prohibited in Designated Flood Zones. Small WCF shall not be located
in or within 100 feet of a designated Flood Zone or Floodway Area.
7. Eligible Facilities Request.
A. Small WCF operators proposing a modification to an existing small
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a building permit from the municipality.
B. In order to be considered for such permit, the small WCF operator
must submit a building permit application to the municipality in accordance
with the North Strabane Township Code of Ordinances.
C. In order to be considered for such permit, the small WCF applicant
must also submit a certified engineering report from a registered
and active professional engineer (PE), licensed by the Commonwealth
of Pennsylvania, who is regularly involved in the maintenance, inspection,
and/or modification of small WCFs.
D. The timing of determination for small WCF operators proposing a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure shall be
as follows:
(1)
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 or wireless support
structure is filed with the Township's Zoning Officer or their
designee, the municipality 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.
(2)
An application for a modification to an existing small WCF that
does not substantially change the dimensions of the underlying structure
or wireless support structure shall be deemed complete when all documents,
information and fees required by the municipality's regulations,
laws and forms pertaining to the location, modification or operation
of wireless communications facilities are submitted by the applicant
to the municipality. In case of incompleteness of the application,
the municipality 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 complete application is received
by the municipality.
(3)
Within 60 days of receipt of a complete application for a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure, the Township
Zoning Officer or their designee shall make a final decision on whether
to approve or deny the application and shall notify the WCF applicant
in writing of such decision.
E. Within 30 days of completion of any modification to an existing small
WCF that does not substantially change the dimensions of the underlying
wireless support structure, the applicant shall have said modifications
inspected by a Pennsylvania-licensed and registered and active professional
engineer (PE) who is regularly involved in the maintenance, inspection,
and/or modification of small WCFs. A copy of said inspection report
and certification of continued use shall be provided to the Township
Zoning Officer following the inspection. Any repairs advised by the
report shall be completed by the owner no later than 60 calendar days
after the report is filed with the municipality. No later than 30
calendar days upon completion of aforesaid repairs, the small WCF
shall again be inspected in accordance with the parameters and requirements
described herein.
8. Nonconforming Wireless Support Structures. 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.
9. Application Fees. The municipality may assess appropriate and reasonable
application fees directly related to the municipality's actual
costs in reviewing and processing the application for approval of
a small WCF, as well as related inspection, monitoring, and related
costs, subject to the limitations in this section, in amounts specified
by the fee schedule for wireless communications facilities (WCF).
10. Standard of Care. Any small 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, the Pennsylvania Uniform Construction
Code, 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 municipality.
11. Historic Buildings and Districts. No small WCF may be located on,
or within 1,000 feet of, any historic or preservation district, property,
building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or eligible to be so listed, or is included
in the official historic structures list maintained by the municipality,
or so designated as a landmark.
12. Wind and Ice. All small WCF shall be designed and constructed to
withstand the effects of wind and ice to the standard designed by
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure. All small WCF structures shall
also be designed and constructed to withstand the wind and ice loads
for the place of installation in accordance with the Pennsylvania
Uniform Construction Code.
13. Radio Frequency Emissions. 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 proof of compliance with
any applicable radio frequency emissions standards to the Township
Zoning Officer on an annual basis, or within 30 days following a written
request by the Township. A small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any small WCF that:
A. Fails to timely submit annual proof of compliance;
B. Fails to timely respond to Township's written request for compliance;
or
C. Is generating radio frequency emissions in excess of the standards
and regulations of the FCC.
14. Time, Place and Manner. The municipality 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.
15. Accessory Equipment. 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 municipality.
16. Graffiti. Any graffiti on the small WCF, including, but not limited
to, the antennas, the structure, the wireless support structure, or
any accessory equipment, shall be removed at the sole expense of the
owner within 10 days of notification by the municipality.
17. Maintenance. The following maintenance requirements shall apply:
A. Any small 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 public.
C. All maintenance activities shall utilize nothing less than the best
available technology and practices for preventing failures and accidents.
D. The municipality reserves the authority to require the cleaning,
repainting, or repair of a small WCF, including, but not limited to,
the antennas, wireless support structure, accessory equipment, and
any other area where the exterior surface or appearance of such facility
is not regularly or properly maintained, cleaned, repainted, or repaired.
E. In the event of defacement, vandalism, or any other form of harm
or damage, the municipality reserves the authority to require the
immediate cleaning, repainting, or repair of a small WCF, including,
but not limited to, the antennas, wireless support structure, accessory
equipment, and any other area where the exterior surface or appearance
of such facility is defaced, vandalized, harmed, or otherwise damaged.
F. Small WCF operators bear sole financial responsibility for all maintenance
or emergency repair costs. The financial responsibility of small WCF
operators for maintenance or emergency repair costs is exclusive and
independent from the municipality's costs in managing and maintaining
the public rights-of-way.
18. Design Standards. All small WCF in the municipality shall comply
with the requirements of the North Strabane township small wireless
communications facility Design Manual, a copy of which is on file
with the municipality.
19. Collocation Requirement. An application for a small WCF with a new
wireless support structure in the public rights-of-way shall not be
approved unless the municipality finds that the proposed small WCF
cannot be accommodated on an existing structure or wireless support
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 structures or wireless support structures
within a 1/2 mile radius from the point of the proposed small WCF,
unless the applicant can show to the satisfaction of the municipality
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower, structure, or other suitable wireless
support structure cannot be utilized.
20. Relocation or Removal of Facilities. Within 90 days following written
notice from the municipality, or such longer period as the municipality
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 small WCF when the municipality, 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 by the municipality
or other public improvement in the public rights-of-way;
B. The operations of the municipality 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 municipality.
21. Noise. Small WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the North Strabane Township Code of Ordinances, Chapter
6, Part
3, § 301, Unnecessary Noise Prohibited.
22. Height. Any small WCF shall not exceed the maximum height permitted
in the applicable zoning district.
23. Retention of Consultants or Experts. The municipality may hire any
consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the small
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this Part. The applicant
and/or owner of the small WCF shall reimburse the municipality for
all reasonable costs of the municipality's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities, provided that such costs are a reasonable approximation
of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.
24. Repair to Public Property. Whenever the operator of small WCF or
any of its agents, including, but not limited to, any contractor or
subcontractor, takes up or disturbs any pavement, sidewalk or other
improvement of any public or municipal property, the same shall be
replaced and the surface restored in as reasonably good condition
as before the disturbance within 10 business days of the completion
of the disturbance, weather permitting. Upon failure of the small
WCF operator to comply within the time specified and the Township
having notified the small WCF operator in writing of the restoration
and repairs required, the Township may cause proper restoration and
repairs to be made and the expense of such work shall be paid by the
small WCF operator upon demand by the Township.
25. Bond. Prior to the issuance of a permit, the owner of a small 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. The bond shall provide
that the municipality may recover from the principal and surety any
and all compensatory damages incurred by the municipality for violations
of this Part, after reasonable notice and opportunity to cure. The
owner shall file the bond with the municipality and maintain the bond
for the life of the respective facility. The owner of the small WCF
shall maintain a bond in the following amounts:
A. An amount of $75,000 to assure the faithful performance of the terms
and conditions of this Part.
B. An amount determined by the Township Board based on engineering estimates,
to cover the cost of removing and disposing of the antenna and related
facilities, and restoring the public rights-of-way. The Township Board
of Supervisors may consider, but shall not be required to rely upon,
applicant's written report, titled "Cost of Small Wireless Facilities
Removal and Disposal," certified by a registered and active professional
engineer (PE) licensed by the Commonwealth of Pennsylvania.
C. From time to time, but no more frequently than once during any five-year
period, the Township Board, at its sole discretion, may adjust the
amount of the bond and require the submission of a new or modified
bond based on engineering estimates of the cost of the removal and
disposal of the antenna and associated facilities, and restoring the
public rights-of-way. The wireless communications facility operator
may submit a written report, titled "Adjusted Cost of Small Wireless
Facilities Removal and Disposal," certified by a registered and active
professional engineer (PE) licensed by the Commonwealth of Pennsylvania
and containing engineering estimates of the cost of the removal and
disposal of the antenna and associated facilities, and restoring the
public rights-of-way to the Township Board. The Township Board may
consider, but shall not be required to rely upon, operator's
written report in determining the adjusted bond amounts.
26. Inspection Report Requirements. No later than the first day of December
of each odd-numbered year, or within 30 days following a written request
by the municipality, the owner of the small WCF shall have said small
WCF inspected by a Pennsylvania-licensed and registered professional
engineer (PE) who is regularly involved in the maintenance, inspection,
and/or modification of small WCFs. A copy of said inspection report
and certification of continued use shall be provided to the Township's
Zoning Officer or their designee following the inspection. Any repairs
advised by the report shall be effected by the owner no later than
60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the small WCF shall again be inspected in accordance with the parameters
and requirements described herein. In the event an inspection reveals
an emergency, the small WCF operator shall immediately notify the
Township Manager of the emergency and shall immediately act to repair
or resolve the emergency.
27. Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the municipality'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 municipality'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 municipality. The owner of each small
WCF shall pay an annual fee to the municipality, in an amount specified
by the fee schedule for wireless communications facilities (WCF),
to compensate the municipality for the municipality's costs incurred
in connection with the activities described above. Such fees shall
comply with the applicable requirements of the Federal Communications
Commission. The municipality reserves the authority to revoke the
permit of any small WCF that fails to timely remit payment of any
small WCF Right-of-Way fee to the municipality.
28. Removal. In the event that use of a small WCF is discontinued, the
owner shall provide written notice to the municipality 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 small WCFs and accessory facilities shall
be removed, and the location restored, within one month of the cessation
of operations at the site unless a time extension is approved by the
municipality.
B. Upon removal of the facility, the small WCF owner and/or operator
shall repair and restore the site, including, but not limited to,
the premises and the surrounding environs, to alleviate the aesthetic
impact. The municipality reserves the right to specify minimum standards
of repair and restoration of a location based upon aesthetic and land
use impact, or any other lawful considerations related to the character,
operation, or functionality of the municipality.
C. If the small WCF, accessory facilities, and wireless support structure
is not removed, or the location completely restored within one month
of the cessation of operations at a site, or within any longer period
approved by the municipality, the WCF and/or related facilities and
equipment may be removed by the municipality, and the location restored,
and the cost of removal and/or restoration assessed against the owner
of the WCF. Any cost to the municipality for such removal and/or restoration
shall be paid under the owner's bond.
D. Any unused portions of small WCFs, including, but not limited to,
antennas, equipment, and wireless support structure, shall be removed
within one month of the time of cessation of operations and such location(s)
restored. The municipality must approve all replacements of portions
of a small WCF previously removed.
29. Inspection by Municipality. The municipality reserves the right to
inspect any small WCF to ensure compliance with the provisions of
this Part and any other provisions of the North Strabane Township
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property or
public rights-of-way upon which a small WCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
[Ord. No. 406, 7/25/2023]
The following laws shall apply to all wireless communications
facilities:
1. Municipal Property. Nothing in this Part shall be deemed to create
any offer, right, or entitlement to use municipal property for the
construction or operation of tower-based WCF, non-tower WCF, small
WCF, wireless support structures, or related facilities. Any such
tower-based WCF, non-tower WCF, small WCF, wireless support structure,
or related facility proposed to be sited on property owned, leased,
or otherwise controlled by North Strabane Township may be exempt from
the requirements of this Part. The Township Board retains the right
to require applicants to obtain site plan approval from it in accordance
with the requirements of this Part. No tower-based WCF, non-tower
WCF, small WCF, wireless support structures, or related facilities
may be constructed or installed on municipal property or public rights-of-way
until a license or lease agreement authorizing such wireless Facility
has been approved by the Township Board.
2. Pedestrian Access and Movement. No wireless communications facility,
accessory facility, or wireless support structure shall materially
interfere 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 (Public Law 101-336,
104 Stat. 327) or similar federal or state or local standards regarding
pedestrian access or movement.
3. Time, Place, and Manner. The municipality shall determine the time,
place, and manner of construction, maintenance, repair and/or removal
of all wireless communications facilities and associated facilities
in the public rights-of-way. The municipality's considerations
in reaching determination on the time, place, and manner of activity
in the public rights-of-way shall include, but shall not be limited
to, public safety, traffic management, physical burden on the public
rights-of-way, timeliness of completion, and costs.
4. Repairing Damaged Public Property. If any permitted wireless communications
facility operator, or any agent, including, but not limited to, any
contractor or subcontractor, damages any public or municipal property
in the Township, the permitted wireless communications facility operator
will repair or replace, as applicable, the property to its prior condition.
Repairs or replacements will be completed within 15 days of the occurrence
of the damage. If the permitted wireless communications facility operator
or agent reasonably requires a longer period to complete the repairs
or replacement, the permitted wireless communications facility operator
or agent and the Township will mutually agree on the revised timeline
for the repair or replacement. Upon failure of the permitted wireless
communications facility operator or agent to comply within the time
specified and the Township having notified the permitted wireless
communications facility operator in writing of the restoration and
repairs required, the Township may cause proper restoration and repairs
to be made. All reasonable expenses incurred by the Township in properly
restoring or repairing such property shall be paid by the wireless
communications facility operator within 15 days of receipt of a written
demand by the Township.
5. Emergency Maintenance. In the event of a declared or undeclared emergency
involving or related to a wireless communications facility or any
associated accessory facility or wireless support structure, the facility
operator, or its agent, shall act immediately to protect the health,
welfare, or safety of the public, and to protect the usability of
the public rights-of-way and prevent a loss of the services provided
by the ROW. Failure to timely alleviate a declared or undeclared emergency
involving a wireless communications facility, accessory facility,
or wireless support structure shall be considered a violation of this
Part and substantial evidence that the wireless communications facility
constitutes a threat to public safety, health, or welfare, or that
the conditions of the permit have been materially violated.
6. Immediate Risk of Harm. Where a wireless communications facility
or any associated accessory facility or wireless support structure
creates, causes, or is a clear and immediate risk of harm to the health,
welfare, or safety of the public, or has caused or is likely to cause
facilities in the public rights-of-way to be unusable and result in
loss of the services provided by the ROW, the Township may remedy
such condition without prior notice. All reasonable expenses incurred
by the Township to remedy such condition shall be paid by the wireless
communications facility operator within 15 days of receipt of a written
demand by the Township.
7. Penalties. Any person violating any provision of this Part 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 Part and any other remedy at law or in equity, the municipality
may apply to a 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 Part.
8. Determination of Violation. In the event the municipality determines
that a person has violated any provision of this Part, 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 municipality
may, in its sole discretion, extend the time period to cure, provided
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 municipality may take any and all actions authorized by this Part
and/or federal and/or Pennsylvania law and regulations.
9. Revocation of Permitted Use. Any permit granted under this Part may
be revoked by the Township Board after a hearing, conducted on at
least 15 days' written notice to the wireless communications
facility operator and any related facilities, and an opportunity to
be heard. If at such hearing the Township Board determines that substantial
evidence exists that the wireless communications facility and related
facilities constitute a threat to public safety, health, or welfare,
or that the conditions of the permit have been materially violated,
the Township Board may revoke the permit.
10. Payment of Fees, Expenses, and Penalties. No permit shall be caused
to issue or renew by the Township until all fees due to the Township
are paid in full, including, but not limited to, application fees,
expert and consultant fees, and permit fees. Failure to timely remit
duly assessed fees shall be considered a violation of this Part and
substantial evidence that the conditions of the permit have been materially
violated.
11. Fee Payments are Nonrefundable. All fees paid to the municipality,
including, but not limited to, application fees, repair expenses,
expert and consultant fees, and permit fees, are nonrefundable and
shall not be returned to the applicant.
[Ord. No. 406, 7/25/2023]
The following laws shall apply to all wireless communications
facilities:
1. Insurance.
A. Requirement of Insurance. Each person that constructs, owns, operates,
maintains, or removes a tower-based, non-tower, or small wireless
communications facility shall purchase and maintain, at its sole expense,
certain insurance coverages of specified minimum rating, as listed
herein, and shall provide documentation to the Township Manager or
their designee, upon request, and as provided herein.
B. No Payment or Reimbursement. Each person that constructs, owns, operates,
maintains, or removes a tower-based, non-tower, or small wireless
communications facility shall be solely responsible for bearing the
costs of furnishing and maintaining all required insurance coverages
of specified minimum rating, as listed herein. The municipality shall
not provide direct payment or reimbursement to persons for the costs
of maintaining, or the costs of furnishing, the required insurance
coverages.
C. Specified Minimum Insurance Ratings, Registration, and Additional
Endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A VII or Better" from the A.M. Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that constructs, owns, operates, maintains, or removes a tower-based,
non-tower, or small wireless communications facility shall name North
Strabane Township as an additional insured by endorsement on the certificate(s)
of insurance.
D. Furnishment of Certificates Prior to Commencement. Prior to the commencement
of any construction, operation, maintenance, or removal, each person
that constructs, owns, operates, maintains, or removes a tower-based,
non-tower, or small wireless communications facility shall furnish
certificates of insurance to the Township or its designee evidencing
coverage in compliance with the regulations herein. The failure of
the Township to object to the contents of the certificate(s) of insurance
or absence of same shall not be deemed a waiver of any legal rights
held by the Township.
E. Revocation of Permit. The failure of any person to construct, operate,
maintain, or remove a wireless communications facility without complying
with the insurance coverage and administrative requirements herein
shall constitute an emergency. Upon such emergency, the municipality
reserves the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
F. Minimum Insurance Requirements. Each person that constructs, owns,
operates, maintains, or removes a tower-based, non-tower, or small
wireless communications facility shall maintain the following minimum
insurance coverages:
(1)
Worker's compensation and employers liability policy, covering
operations in the Commonwealth of Pennsylvania. Where applicable,
U.S. Longshore and Harbor Workers Compensation Act endorsement and
maritime coverage endorsement shall be attached to the policy. Evidence
must be provided to the Township Manager or their designee. Waiver
of subrogation to be included with documentation provided to the Township
Manager or their designee.
(2)
Commercial general liability policy, with limits of no less
than $1,000,000 each occurrence, per WCF location, and $2,000,000
general aggregate, per WCF location, with limits for bodily injury
and property damage, and shall contain the following coverages and
endorsements:
(b)
Products/completed operations.
(d)
Personal and advertising injury.
(e)
Blanket contractual liability.
(f)
Explosion, collapse, underground liability (XCU).
(g)
North Strabane Township and their assigns, officers, employees,
volunteers, representatives and agents should be named as an "additional
insured" on the policy using ISO Additional Insured Endorsement CG
20 10 11/85 or an endorsement providing equivalent or broader
coverage and shall apply on a primary and noncontributory basis, including
any self-insured retentions.
(h)
The certificate of insurance should show this applies to the
General Liability coverage on the certificate, and additional insured
Endorsement shall be attached.
(i)
To the extent permitted by Pennsylvania law, each person that
constructs, owns, operates, maintains, or removes a tower-based, non-tower,
or small wireless communications facility waives all rights of subrogation
or similar rights against North Strabane Township, assigns, officers,
employees, volunteers, representatives and agents.
(j)
Cross liability coverage (commercial general liability and business
automobile liability policies only).
(k)
Coverage must be written on an occurrence policy form.
(l)
No deductible or self-insured retention should exceed $50,000.
(3)
Comprehensive automobile policy, with limits of no less than
$1,000,000. Bodily injury and property damage liability including,
but not limited to, coverage for owned, any auto non-owned, and hired
private passenger and commercial vehicles. North Strabane Township
and its assigns, officers, employees, representatives and agents should
be named as an "additional insured" on the policy. The certificate
of insurance should show this applies to the automobile liability
coverage on the certificate, and additional insured Endorsement shall
be attached. To the extent permitted by Pennsylvania law, each person
that constructs, owns, operates, maintains, or removes a tower-based,
non-tower, or small wireless communications facility waives all rights
of subrogation or similar rights against North Strabane Township,
assigns, officers, employees, representatives and agents. Coverage
must apply on a primary and noncontributory basis.
(4)
Umbrella liability, with limits of no less than $5,000,000 each
occurrence per WCF location and $5,000,000 general aggregate per WCF
location, including, but not limited to, coverage for general liability,
automobile, workers' compensation. Coverage must be written as
an occurrence policy.
(5)
Professional liability (if applicable), with limits no less
than $1,000,000 per claim. Coverage must be written as an occurrence
policy.
G. Increasing the Minimum Insurance Requirements. The minimum insurance
requirements specified herein may be increased at any time upon the
review and determination of the Township Board.
H. Notice Prior to Cancellation or Expiration of Insurance. The certificate(s)
of insurance shall provide that 30 days' written notice prior
to cancellation or expiration be given to the Township Manager via
U.S. Postal Mail. Insurance policies that lapse and/or expire during
term of work shall be recertified and received by the Township Manager
no less than 30 days prior to expiration or cancellation of the respective
policy.
2. Indemnification.
A. Requirement to Indemnify and Hold Harmless. Each person that constructs,
owns, operates, maintains, or removes a tower-based WCF, a non-tower
WCF, or a small WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the municipality, its elected and appointed
officials, employees and agents, at all times against any and all
claims for personal injury, including, but not limited to, 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,
operation, maintenance or removal of each of its WCF.
B. Requirement to Defend. Each person that constructs, owns, operates,
maintains, or removes a tower-based WCF, a non-tower WCF, or a small
WCF shall defend any actions or proceedings against the municipality
in which it is claimed that personal injury, including, but not limited
to, death, or property damage was caused by the construction, operation,
maintenance or removal of each of its 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.
C. Indemnification and Hold Harmless Agreement Requirement. Prior to
the initial commencement of any construction, operation, maintenance,
or removal, each person that constructs, owns, operates, maintains,
or removes a tower-based, non-tower, or small wireless communications
facility shall furnish an "indemnification and hold harmless agreement"
to the Township Manager or their designee.
[Ord. No. 406, 7/25/2023]
1. Police Powers. The municipality, by granting any permit or taking
any other action pursuant to this chapter, does not waive, reduce,
lessen or impair the lawful police powers vested in the municipality
under applicable federal, state and local laws and regulations.
2. Severability. If any section, subsection, sentence, clause, phrase
or word of this Part is for any reason held illegal or invalid by
any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this Part invalid.
3. Effective Date. This Part shall become effective upon enactment by
the Township Board.