[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]