[Amended 10-30-2008 by Ord. No. 2008-9]
A. The term "multiple commercial uses" shall include mini malls, shopping centers and/or shopping malls, which are further defined under Article
II of this chapter.
B. Mini malls shall be permitted by conditional use within the TV-1 and C-1 Zoning Districts, subject to the applicable minimum requirements specified under §
155-72 of the Code.
C. Shopping centers or shopping malls shall be permitted by conditional use within the TV-1 Zoning District, the C-1 Zoning District and in the Route 30 Bypass Interchange Overlay Zoning District, all of which being subject to the applicable minimum requirements specified under §
155-72 of the Code.
D. Each commercial use within a permitted mini mall,
shopping center or shopping mall shall be serviced by public sanitary
sewage disposal facilities and public water supply facilities. Unless
otherwise permitted by the Caln Township Board of Commissioners as
part of the conditional use application, each commercial use shall
have separate sanitary sewage disposal connections and water supply
connections.
[Amended 10-30-2008 by Ord. No. 2008-8; 9-12-2013 by Ord. No. 2013-06; 11-20-2014 by Ord. No. 2014-04]
A. Purpose. The purpose of this section and the standards established
herein is to govern the use, construction and location of telecommunications
and wireless communications facilities in recognition of the nature
of commercial communications systems and the Federal Telecommunications
Act of 1996. These regulations are intended to:
(1) Accommodate the need for telecommunications and wireless communications
facilities while regulating their location and number so as to ensure
the provision for necessary services;
(2) Minimize the adverse visual effects and the number of such facilities
through proper design, locating, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(3) Ensure the structural integrity of commercial communications antenna
support structures through compliance with applicable industry standards
and regulations;
(4) Establish review procedures consistent with all relevant federal
and state laws including the Middle Class Tax Relief and Job Creation
Act of 2012 and the Pennsylvania Wireless Broadband Collocation Act; and
(5) Promote the health, safety and welfare of the residents and property
owners within Caln Township.
B. Permitted locations for tower-based wireless communications facilities. Tower-based wireless communications facilities, as further defined in §
155-12, shall be permitted by conditional use within the following areas of Caln Township:
(1) In the I-1 Industrial and I-2 Light Industrial Zoning District by
conditional use approval of the Board of Commissioners subject to
applicable standards in this section;
[Amended 2-22-2018 by Ord. No. 2018-04]
(2) In the I Institutional Zoning District by conditional use approval
of the Board of Commissioners subject to applicable standards in this
section;
(3) On land owned by Caln Township and the Caln Township Municipal Authority
in all zoning districts by right subject to applicable standards in
this section; and
(4) On existing telecommunications or wireless communications facilities
in all zoning districts, provided the facilities have the capacity
to accommodate additional facilities.
(5) Within existing public rights-of-way along the following corridors,
regardless of the underlying zoning district, subject to the additional
regulations (including height limitations) of this article that further
regulate tower-based facilities in the rights-of-way:
[Added 10-10-2019 by Ord. No. 2019-05]
(b) Route 30 Business/Lincoln Highway.
C. General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities (WCF):
(1) Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(2) Security. All tower-based WCFs shall have an integral security platform,
or other means with locked access, to prevent unauthorized climbing
of the tower.
(3) Height. Any tower-based WCF shall be designed at the minimum functional
height and shall not exceed a maximum total height of 180 feet, which
height shall include all subsequent additions or alterations. All
applicants must submit documentation to the Township justifying the
total height of the structure.
(4) 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. If measurable interference does result from the installation
and use of the tower-based WCF, the owner of the tower based WCF shall
take immediate appropriate measures to abate the interference or cease
operation.
(5) Maintenance and inspections. 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)
Proper maintenance shall be performed to ensure the upkeep of
the facility and the power systems used for the facility, including
fuel storage, in order to promote the safety and security of the Township's
residents.
(c)
Upon request by the Township, the tower-based WCF and its appurtenances
shall be inspected both visually and with the appropriate nondestructive
testing techniques. The results of those tests and written certification
of structural integrity by a registered professional engineer shall
be provided to the Township. Any structural faults thus noted will
be immediately corrected by the owner.
(6) 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.
(7) Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or is defined as an historic
resource pursuant to this chapter.
(8) Identification. All tower-based WCFs shall display a notice in a
readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
(9) Lighting. Tower-based WCFs shall not be artificially lighted, except
as required by law and as may be approved by the Township.
(10)
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color or rust brown oxidized
steel to harmonize with the surroundings.
(11)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
all state laws and in Chapter 103 of the Caln Code.
(12)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(13)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF and the Township shall advise the applicant in writing of its
decision. If additional information was requested by the Township
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(a) Timing of approval for SWF. Within 10 calendar days of the date that
an application for a tower-based WCF that is also a SWF is filed with
the Township, the Township shall notify the applicant in writing of
any information that may be required to complete such application.
The Township shall have 10 days from receipt of the additional information
to issue a letter of completeness, or to request additional information
as appropriate. Within 90 calendar days of receipt of a complete application,
the Township shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the Township' s ninety-day
review period. If the application is subject to conditional use approval,
such conditional use provisions will remain applicable to the application;
however, the timing of approval shall not fall outside the timeline
set forth in this section unless otherwise agreed upon by the applicant
and the Township.
[Added 10-10-2019 by Ord. No. 2019-05]
(14)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(15)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF as
set forth in fee schedules established by the Township.
[Added 10-10-2019 by Ord. No. 2019-05]
D. Tower-based communications facilities outside the rights-of-way.
The following regulations shall apply to tower-based wireless communications
facilities located outside the rights-of-way:
(1) Permitted in the I Institutional, I-1 Industrial District and I-2
Light Industrial District. Tower-based WCFs are permitted in the I
Institutional, I-1 Industrial District and I-2 Light Industrial District
by conditional use of the Board of Commissioners.
[Amended 2-22-2018 by Ord. No. 2018-04]
(2) Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
the applicant's operation in the applicable area and that the type
of WCF being proposed is the least intrusive means by which to fill
that gap in wireless coverage. The existence or nonexistence of a
gap in wireless coverage shall be a factor in the Township's decision
on an application for approval of tower-based WCF.
(3) Sole use on a lot. A tower-based WCF is permitted as a sole use on
a lot subject to the minimum area and bulk requirements for the applicable
district.
(4) Combined with another use. A tower-based WCF may be permitted on
a property with an existing use or on a vacant parcel in combination
with another use permitted in the I Institutional, I-1 Industrial
District and I-2 Light Industrial District subject to the following
conditions:
[Amended 2-22-2018 by Ord. No. 2018-04]
(a)
Minimum lot area. The minimum lot area shall comply with the
requirements for the applicable district.
(b)
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the setback requirements for the applicable
zoning district, provided that no tower-based WCF shall be located
within 200 feet of a lot with a residential use or a residential district
boundary.
(5) Co-location. An application for a new tower-based WCF shall not be
approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(6) Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Board of Commissioners as part of the conditional use.
(b)
Any substantial change to an existing tower-based WCF shall
require conditional use approval of the Board of Commissioners.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae for future users, including antenna
for public safety needs by emergency responders.
(7) Soil report. The applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/ETA 222-B, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(8) Fence/screen.
(a)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
The Board of Commissioners may also require the applicant to
install appropriate landscape screening to screen the tower-based
WCF. The amount and type of screening shall be approved by the Board
of Commissioners as part of the conditional use approval.
(9) Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground unless the applicant can demonstrate
to the satisfaction of the Township Engineer that the equipment cannot
be located underground, in which case the ground-mounted equipment
shall be screened from public view using stealth technologies, as
described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(10)
Additional antennae. The applicant shall allow and encourage
other service providers to co-locate antennae on tower-based WCFs
where technically and economically feasible. The owner of a tower-based
WCF shall not install any additional antennae without obtaining a
building permit from the Township.
(11)
Bond. Prior to the issuance of a permit to construct a tower-based
WCF outside of the ROW, the owner shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Township Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this chapter. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
chapter after reasonable notice and opportunity to cure. The owner
shall file the bond with the Township and maintain the same in effect
for as long as the tower-based WCF exists.
E. Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
(1) Permissible locations and additional design standards.
[Amended 2-22-2018 by Ord. No. 2018-04; 10-10-2019 by Ord. No. 2019-05]
(a) Tower-based WCF 50 feet or shorter in height are permitted in the
public rights-of-way by conditional use in the following zoning districts:
1 Institutional District; 1-1 Industrial District; and 1-2 Light Industrial
District.
(b) Tower-based WCF 50 feet or shorter in height are permitted in the
public rights-of-way by conditional use along the following corridors
regardless of the underlying zoning district:
[2] Route 30 Business/Lincoln Highway.
(c) Any such tower-based WCF shall not be located within any public rights-of-way
that directly front or abut the front yard of a residential dwelling
or the front yard of a residentially zoned property.
(2) Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
the applicant's operation in the applicable area and that the type
of WCF being proposed is the least intrusive means by which to fill
that gap in wireless coverage. The existence or nonexistence of a
gap in wireless coverage shall be a factor in the Township's decision
on an application for approval of tower-based WCFs in the ROW.
(3) Co-location. An application for a new tower-based WCF in the right-of-way
shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(4) Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based WCFs in the right-of-way based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(5) Equipment location. Tower-based WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the right-of-way as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be installed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Board of Commissioners.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the of the Board
of Commissioners.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 30 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(6) Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the applicant shall be subject to the approval of the Board
of Commissioners.
(b)
Any substantial change to an existing tower-based WCF shall
require conditional use approval of the Board of Commissioners.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae or future users, including antenna
for public safety needs by emergency responders.
(7) Additional antennae. The WCF applicant shall allow and encourage
other service providers to co-locate antennae on tower-based WCFs
where technically and economically feasible. The owner of a tower-based
WCF shall not install any additional antennae without obtaining the
prior written approval of the Township.
(8) Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of tower-based WCF in the right-of-way shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any WCF when the Township, consistent with its police
powers and applicable Public Utility Commission regulations, shall
determine that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(b)
The operations of the Township or other governmental entity
in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
(9) Compensation for right-of-way use. Every tower-based WCF in the right-of-way
is subject to the Township's right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the right-of-way.
Such compensation for right-of-way use shall be directly related to
the Township's actual right-of-way management costs including, but
not limited to, the costs of the administration and performance of
all reviewing, inspecting, permitting, supervising and other right-of-way
management activities by the Township. The owner of each tower-based
WCF shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above. The annual right-of-way management fee for tower-based
WCFs shall be determined by the Township and authorized by resolution
of the Board of Commissioners and shall be based on the Township's
actual right-of-way management costs as applied to such tower-based
WCF.
(10)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in the right-of-way shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond, or other form of security acceptable to the Township Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this chapter. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
chapter, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Township and maintain the same
in effect for as long as the tower exists.
F. The following regulations shall apply to all nontower wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached:
[Amended 10-10-2019 by Ord. No. 2019-05]
(1) Permitted in all zoning districts subject to regulations. Non-tower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Township.
(2) 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 of any person or any property in the Township.
(3) Public safety communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio other communication services enjoyed by occupants of nearby
properties. If measurable interference does result from the installation
and use of the non-tower WCF, the owner of the non-tower WCF shall
take immediate appropriate measures to abate the interference or cease
operation.
(4) Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(5) 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.
(6) Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within six months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within six months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(7) Timing of approval. Within 10 calendar days of the date that an application
for the nontower WCF is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. The Township shall have 10 days from
the receipt of the additional information to issue a letter of completeness,
or to request additional information as appropriate. Within 60 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the sixty-day review period.
(8) Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF as set
forth in fee schedules established by the Township.
G. The following regulations shall apply to all non-tower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1) Permitted in all zoning districts subject to regulations. Non-tower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Township.
(2) 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 of any person or any property in the Township.
(3) 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. If measurable interference does result from the installation
and use of the non-tower WCF, the owner of the non-tower WCF shall
take immediate appropriate measures to abate the interference or cease
operation.
(4) Historic buildings. Non-tower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or is defined as an historic resource
pursuant to this chapter.
(5) Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(6) 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 Township's
residents.
(7) 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.
(8) Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within six months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within six months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(9) Timing of approval. Within 30 calendar days of the date that an application
for a non-tower WCF is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. Within 90 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
in writing of such decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
Township's ninety-day review period.
(a) Timing of approval for SWF. Within 10 calendar days of the date that
an application for a nontower WCF that is also a SWF is filed with
the Township, the Township shall notify the applicant in writing of
any information that may be required to complete such application.
The Township shall have 10 days from the receipt of the additional
information to issue a letter of completeness, or to request additional
information as appropriate. Within 60 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
in writing of such decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
sixty-day review period.
[Amended 10-10-2019 by Ord. No. 2019-05]
(10)
Bond. Prior to the issuance of a permit, the owner of each individual
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, in an amount
of $25,000 for each individual non-tower WCF, to assure the faithful
performance of the terms and conditions of this chapter. The bond
shall provide that the Township may recover from the principal and
surety any and all compensatory damages incurred by the Township for
violations of this chapter, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township
and maintain the same in effect for as long as the non-tower WCF exists.
(11)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF as set
forth in fee schedules established by the Township.
[Amended 10-10-2019 by Ord. No. 2019-05]
H. Non-tower wireless facilities outside the rights-of-way. The following
additional regulations shall apply to non-tower wireless communications
facilities located outside the rights-of-way that substantially change
the wireless support structure to which they are attached:
(1) Development regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs subject
to the following conditions:
(a)
If the applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(b)
A six-foot-high security fence shall surround any separate communications
equipment building.
(c)
Vehicular access to the communications equipment building shall
not interfere with the parking or vehicular circulations on the site
for the principal use.
(2) Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the applicant
shall be subject to the approval of the Board of Commissioners.
(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 applicant obtains conditional use approval from
the Board of Commissioners.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennae, 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.
(3) Noncommercial usage exemption. The design regulations enumerated
in this subsection shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
(4) Removal and replacement. The removal and replacement of non-tower
WCFs and/or accessory equipment for the purpose of upgrading or repairing
the WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the numbers of antennae.
I. Non-tower wireless facilities in the right-of-way. The following
additional regulations shall apply to all non-tower wireless communications
facilities located in the right-of-way:
(1) Co-location. Non-tower WCFs in the right-of-way shall be co-located
on existing poles, such as existing utility poles or light poles.
(2) Design requirements:
(a)
WCF installations located above the surface grade in the public
right-of-way including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b)
Antennae and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3) Compensation for right-of-way use. In addition to permit fees as
described above, every non-tower WCF in the right-of-way is subject
to the Township's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Township's actual
right-of-way management costs including, but not limited to, the costs
of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Township. The owner of each non-tower WCF shall pay an annual
fee to the Township to compensate the Township for its costs incurred
in connection with the activities described above. The annual right-of-way
management fee for non-tower WCFs shall be determined by the Township
and authorized by resolution of Township Board of Commissioners and
shall be based on the Township's actual right-of-way management costs
as applied to such non-tower WCF.
(4) Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower WCFs in the right-of-way based on public safety, traffic
management, physical burden on the right-of-way, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(5) Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the right-of-way as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Township
Engineer, that ground-mounted equipment cannot be installed underground,
then all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 30 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
(6) Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the right-of-way shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(b)
The operations of the Township or other governmental entity
in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
J. Wireless communications facilities on Township and Municipal Authority-owned
land. Tower-based wireless communications facilities and non-tower
wireless communications facilities may be permitted on land owned
by the Township and the Caln Township Municipal Authority in all zoning
districts as a permitted use in accordance with the provisions of
this chapter and subject to the following additional criteria:
(1) The Board of Commissioners may permit the tower-based wireless communications
facilities to be a maximum height of 180 feet, which height shall
include all subsequent additions or alterations. All applicants must
submit documentation to the Township justifying the total height of
the structure.
(2) In addition, when no tower is proposed, antenna(s) may be mounted
on an existing building or structure owned and maintained by the Township,
when approved by the Board of Commissioners, in which case they shall
be constructed to simulate the architectural facade and/or color of
the building, structure or object to which they are attached.
(3) For a tower-based wireless communications facility, all applicable standards in §
155-93C and
D shall apply.
(4) For a non-tower wireless communications facility, all applicable standards in §
155-93F,
G and
H shall apply.
(5) The location of the wireless communications facility on the property
owned by the Township or Municipal Authority shall be at the absolute
discretion of the Board of Commissioners which shall be approved as
part of the conditional use application.
K. Consistency
with state and federal laws and regulations. The provisions contained
herein regulating wireless communications facilities are intended
to comply with federal and state laws and regulations in effect as
of the date of adoption of this section. To the extent that any of
the provisions in this section conflict with any federal or state
statutes or regulations, the federal or state statutes or regulations
shall control unless the applicable federal or state statutes or regulations
allow for more stringent provisions in local ordinances. In which
case, the more stringent provisions of local ordinances shall remain
in effect and shall control in such instances."
[Added 10-10-2019 by Ord. No. 2019-05]
[Added 8-9-2012 by Ord. No. 2012-03]
A. A solar energy production facility as defined in Article
II shall be permitted by conditional use in the I Institutional Zoning District.
B. The following design standards and specifications shall apply to
solar energy production facilities:
(1) Net lot area. A minimum of five acres of net lot area shall be required
to accommodate the use.
(2) Maximum height. The maximum height of all buildings or structures
in the facility shall be 25 feet.
(3) Facility design. The design of the facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit to the Township prior to issuance
of building permit certificates of design compliance obtained by the
equipment manufacturers from Underwriters Laboratories (UL), IEEE,
Solar Rating and Certification Corporation (SRCC) or other similar
certifying organizations.
(4) Construction standards. The facility shall be constructed in compliance
with the applicable Township building codes and the Pennsylvania Uniform
Construction Code, Act 45 of 1999, as amended (UCC), the National
Electric Code, and any regulations adopted by the Pennsylvania Department
of Labor and Industry as they relate to the UCC, except where an applicable
industry standard has been approved by the Department of Labor and
Industry under its regulatory authority.
(5) Lighting. The facility shall not be artificially lighted except to
the extent required by safety or by any applicable federal, state
or local authority. Any lighting used shall be energy efficient.
(6) No advertising. The facility shall not display any advertising, except
for reasonable identification of the panel, inverter or other equipment
manufacturer, and the facility owner.
(7) Safety measures. The facility shall be enclosed by a fence, barrier
or other appropriate means to prevent or restrict unauthorized persons
or vehicles from entering the property. The specifications and details
of the fence or barrier shall be approved by the Board as part of
the conditional use approval. Clearly visible warning signs shall
be placed on the fence, barrier or at the facility perimeter to inform
individuals of potential voltage hazards. On-site transmission and
power lines shall, to the maximum extent practicable, be placed underground.
The storage of batteries which are capable of storing the electrical
power output of the solar energy production facility shall be prohibited
on site. Any facility or equipment which is used to store the energy
output from the solar energy production facility must be approved
by the Board of Commissioners.
(8) Setbacks and screening. All structures and buildings associated with a solar energy production facility shall be set back from the nearest property line a distance of not less than 25 feet; however, as part of the conditional use approval, the Board of Commissioners may modify the appropriate setback based on the site characteristics, topography and the abutting land uses. Each facility shall be screened by a buffer yard to create a continuous visual screen between the facility and a person standing at ground level on an adjacent lot. Such buffer yard shall be comprised of fencing or landscaping or some combination thereof and shall comply with the provisions in §
155-119.
(9) Decommissioning. The applicant must agree to the following as conditions
of the issuance of land development approval and issuance of a building
permit for a solar energy production facility:
(a)
If the applicant ceases operation of the energy project or begins
but does not complete construction of the project, the applicant shall
restore the site according to a restoration plan approved by the Board
of Commissioners as part of the conditional use approval.
(b)
The owner of the facility shall notify the Township immediately
upon cessation or abandonment of the operation. The owner shall be
responsible for the removal of the facility within six months from
the date the applicant ceases use of the facility or the facility
becomes obsolete. The owner shall then have 12 months in which to
restore the subject property in accordance with the restoration plan
approved by the Board. At the time of issuance of the permit for the
construction of the facility, the owner shall provide financial security
in form and amount acceptable to the Township and approved as part
of the conditional use decision to secure the expense of dismantling
and removing said structures and restoring the property in accordance
with the restoration plan approved by the Board.
(10)
Glare. The solar energy production facility shall not create
glare or light pollution which creates a safety hazard or a public
nuisance.
(11)
Vehicular access. Each solar energy production facility shall
be provided with a means of vehicular access to and from a public
or private road.
(12)
Hazardous materials. The solar energy production facility shall
not contain hazardous substances as that term is defined in the Pennsylvania
Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq.
(13)
A solar energy production facility shall be serviced by a public
water supply for fire-fighting purposes only.
[Added 3-30-2023 by Ord. No. 2023-04]
A. Commercial car washes as further defined under Article
II of this chapter, shall be permitted by conditional use within the C-1 Zoning District subject to the appropriate provisions specified within the Township Code.
B. The following design standards and specifications shall apply to
commercial car washes:
(1) A minimum of 50,000 square feet of contiguous net land area shall
be required to accommodate all of the structures as part of the commercial
car wash. In addition, the minimum and maximum dimensional requirements
for a commercial car wash as specified by the C-1 Zoning District
in Matrix Chart 7 shall apply.
(2) The commercial car wash shall be serviced by public sanitary sewage
facilities and public water supply facilities.
(3) Commercial car washes shall be located at least 250 feet from an
existing residential use or residential zoning district, as measured
from the property line.
(4) The side and rear lot lines of the commercial car wash shall be adequately
screened with a ten-foot-wide landscaped buffer yard.
(5) Unless otherwise required by the utility company or authority providing
service, all utility connections shall be installed underground.
(6) The applicant shall submit a traffic study to support the location
of all proposed means of ingress and egress. The traffic study must
demonstrate that the proposed location of all means of ingress and
egress are safe to the traveling public and patrons to the commercial
car wash and that the proposed locations will minimize any negative
effects on traffic flow and congestion. The proposed locations of
all means of ingress and egress shall be approved by the Board of
Commissioners only after making a determination that the proposed
locations satisfy the above-referenced requirements. The applicant
shall also obtain a Pennsylvania Department of Transportation highway
occupancy permit or a Caln Township road occupancy permit as a condition
precedent to application approval. The applicant or developer shall
be responsible for the purchase, installation and/or relocation of
any traffic control device and the construction of additional acceleration
and/or deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Caln Township.
(7) Interior traffic circulation shall be designed so as to minimize
traffic congestion at points of ingress and egress and to promote
public safety for those patrons parking or using the commercial car
wash. Fire lanes shall be clearly established, as required by the
Caln Township Fire Code, as amended. The required loading and unloading
zones shall be designed to minimize interference with interior traffic
circulation and parking facilities.
(8) For commercial car washes that are nonautomated, there shall be a
minimum of three stacking spaces per bay with minimum dimensions of
10 feet by 25 feet per space and two additional parking spaces per
bay. For commercial car washes that are automated, there shall be
a minimum of 20 stacking spaces with minimum dimensions of 10 feet
by 25 feet per stacking space.
(9) All designated points of ingress and egress for all vehicles shall
be designed to consider traffic volumes on existing streets and adjacent
uses.
(10)
All proposed signs for the car wash shall comply with the provisions specified under Article
XI of this chapter.
(11)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be airtight, vermin proof and have adequate storage capacity
to accommodate the projected volumes of solid waste. No such storage
area will be permitted within 25 feet from any lot line.
(12)
All exterior speaker, microphone or intercom systems shall be
designed in a manner so the messages, music or other audible sounds
are reduced by 80% from the source to any property line.
(13)
The lighting facilities shall be designed in a manner so the
illumination does not exceed 0.5 footcandle, as measured at the property
lines, except at driveway entrances, provided the illumination at
the cartway center line of the contiguous street shall not exceed
one footcandle.
C. As part of the conditional use application, the applicant or developer
shall submit the following information for review and consideration:
(1) A preliminary utility plan showing how sanitary sewage disposal facilities,
water supply facilities, electric, telephone, natural gas, cable and
other utilities will service the site.
(2) A preliminary landscaping plan showing how the buffer yards and other
landscaping enhancements will be incorporated within the site.
(3) A preliminary grading plan shall be developed to identify the limits
of disturbance for all municipal site improvements, the proposed ground
elevations, stormwater management facilities and other natural or
man-made features of the site.
(4) Architectural renderings of the proposed building elevations and
plan views.
(5) A preliminary lighting plan showing the location and intensity of
the proposed lighting within the property to a point 50 feet beyond
the perimeter of the property line. The proposed lighting for buildings,
signs, accessways and parking areas shall be arranged so they do not
reflect towards any public street or residential zoning districts.
(6) A traffic impact study shall be conducted in accordance with the
provisions of the Caln Township Code in order to assess transportation
conditions and needs. The traffic impact study shall be submitted
with the conditional use application.
(7) An environmental impact assessment (EIA) report shall be conducted
in accordance with the procedures and requirements specified by this
Code. The EIA report should identify how the potential adverse impact
will be mitigated and/or prevented.
D. If the Board of Commissioners approves the conditional use application,
a complete subdivision and land development plan shall be submitted
to Caln Township for review and consideration. The subdivision and
land development plan shall comply with all conditions of approval
issued as part of the conditional use application as well as all other
provisions specified by the Code.