Township of Easttown, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 12-15-2014 by Ord. No. 424-14. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 455.

§ 447-1 Short title.

This chapter shall be known as the "Wireless Communications Facilities Chapter."

§ 447-2 Purpose.

A. 
The purpose of this chapter is to regulate the placement, construction and modification of wireless communications facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Township. The purpose of this chapter may be achieved through adherence to the following objectives:
(1) 
Protect residential areas and land uses from potential adverse impacts that wireless communications facilities might create, including but not limited to negative impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, and health and safety of persons and property;
(2) 
Establishment of clear and nondiscriminatory local regulations concerning wireless telecommunications providers and services that are consistent with federal and state laws and regulations pertaining to telecommunications providers;
(3) 
Encourage providers of wireless communications facilities to locate facilities, to the extent possible, in areas where the adverse impact on the community is minimal;
(4) 
Encourage the location of wireless communications facilities in nonresidential areas and allow wireless communications facilities in residential areas only when necessary to meet functional requirements of the telecommunications industry as defined by the Federal Communications Commission;
(5) 
Minimize the total number of wireless communications facilities in residential areas;
(6) 
Encourage and, where legally permissible, require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, in order to reduce cumulative negative impact on the Township;
(7) 
Ensure wireless communications facilities are configured in a way that minimizes the adverse visual impact of the facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of technology, current location options, siting, future available locations, and innovative siting techniques;
(8) 
Enable wireless communication companies to enter into lease agreements with the Township to use Township property for the placement of wireless facilities, where consistent with other public needs, as a means to generate revenue for the Township;
(9) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(10) 
Provide for the prompt removal of wireless communications facilities that are abandoned or no longer inspected for safety concerns and building code compliance, and provide a mechanism for the Township to cause these abandoned wireless communications facilities to be removed as necessary to protect the citizens from imminent harm and danger;
(11) 
Avoid potential damage to adjacent properties from tower failure, through strict compliance with state building and electrical codes;
(12) 
Provide a means for public input on wireless communication facility placement, construction and modification; and
(13) 
Address new technologies, including but not limited to, distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities.
B. 
In furtherance of these objectives, the Township shall give due consideration to the zoning code, existing land uses, and environmentally sensitive areas when approving sites for the location of communication towers and antennas.
C. 
These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunications services in the Township. These objectives were designed to comply with the Federal Telecommunications Act of 1996 and the Pennsylvania Wireless Broadband Collocation Act. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.
D. 
To the extent that any provision of this chapter is inconsistent or conflicts with other provisions related to wireless communications facilities in the Code of this Township, the provisions of this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the Township.
E. 
In reviewing any application to place, construct or modify wireless communications facilities, the Township shall act within a reasonable period of time after an application for a permit is duly filed, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The Township shall approve, approve with conditions, or deny the application in accordance with this title, this chapter, and other applicable ordinances and regulations.

§ 447-3 Definitions.

Terms used in this chapter shall have the following meaning, whether or not the terms are capitalized. Unless otherwise expressly stated, terms not defined in this chapter shall be construed consistent with the general definitions section of the Zoning Ordinance of the Township,[1] and, if not defined therein, with their common and ordinary meaning.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
CO-LOCATION
The mounting of one or more WCFs, including antennae, on an existing tower-based WCF, or other previously approved and constructed wireless support structure including monopoles, towers, electrical transmission towers and water towers.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
EMERGENCY
A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in a right-of-way to be unusable and result in loss of the services provided.
FCC
The Federal Communications Commission.
GUYED TOWER
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWER
A wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.
MONOPOLE
A freestanding structure which consists of a single vertical pole, fixed into the ground and/or attached to a foundation built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. Antenna(s) may be externally mounted (visible antenna) or internally mounted (no visible antennas).
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in the Township in which the Township, county or commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, county or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township, county or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way." The phrase "existing right-of-way" is the legal right-of-way as established by the commonwealth or other appropriate governing authority and which is currently in existence. The phrase "future right-of-way" is the right-of-way deemed necessary to provide adequate width for future street improvements.
STEALTH TECHNOLOGY
Camouflaging methods applied to tower-based wireless communications facilities, structure-mounted wireless communications facilities, antennae and other wireless communications facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
TOWNSHIP
A Township, borough or city or as more specifically defined herein.
WIRELESS COMMUNICATIONS FACILITIES (WCF)
An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. A WCF provides services which include cellular phone, personal communication services, other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). WCFs are composed of two or more of the following components:
A. 
Antenna;
B. 
Mount;
C. 
Equipment enclosure;
D. 
Security barrier.
WIRELESS COMMUNICATIONS FACILITIES EQUIPMENT ENCLOSURE
A small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning and emergency generators.
WIRELESS COMMUNICATIONS FACILITIES, STRUCTURE-MOUNTED
A wireless communication facility located on existing structures such as buildings, light poles, utility poles, flag poles, transformers, and/or tanks, and includes co-location as defined herein. This does not include support structures for antennae or related equipment that is mounted to the ground or at ground level, and also does not include WCF located upon single-family or two-family dwellings which is prohibited in the Township.
WIRELESS COMMUNICATIONS FACILITIES, TOWER-BASED
A structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.
WIRELESS COMMUNICATIONS SERVICES
Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
ZONING ORDINANCE
The Zoning Ordinance as adopted and amended by the Township in its entirety.[2]
[1]
Editor's Note: See Ch. 455, Zoning.
[2]
Editor's Note: See Ch. 455, Zoning.

§ 447-4 General siting criteria and design considerations.

A. 
This Township encourages wireless communications services providers to use existing sites or more frequent, less noticeable sites instead of attempting to provide coverage through use of taller towers. To that end, applicants shall consider the following priority of preferred locations for wireless communications facilities:
(1) 
Co-location, without an increase in the height of the building, pole or structure upon which the facility would be located;
(2) 
Co-location, where additional height is necessary above existing building, pole, or structure;
(3) 
A replacement pole or structure for an existing one;
(4) 
A new pole or structure altogether.
B. 
Co-location shall be encouraged for all wireless communication facilities' applications and is implemented through less complex permit procedures.
(1) 
To the greatest extent technically feasible, applicants for new monopole facilities shall be required to build mounts capable of accommodating at least two other carriers.
(2) 
Any wireless communication facility that requires a conditional use approval under the provisions of this chapter shall be separated by a minimum of 500 feet from any other facility requiring a conditional use approval, unless the submitted engineering information clearly indicates that the requested site is needed in order to provide coverage for the particular provider and other siting options have been analyzed and proven infeasible.
C. 
The following wireless communications facilities are prohibited in the Township unless shown by the applicant to be technologically necessary to meet wireless coverage requirements:
(1) 
Guyed towers; and
(2) 
Lattice towers.

§ 447-5 Tower-based communications facilities.

A. 
General requirements applicable to all tower-based wireless communications facilities.
(1) 
Standard of care. Tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical and safety codes, including, but not limited to, the most recent editions of the American National Standards Institute 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. 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) 
Wind. Tower-based WCF shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
(3) 
Height. Tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. To the extent permissible by law, any height extensions to an existing tower-based WCF shall require building permit approval by the Township.
(4) 
Additional antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on their tower-based WCF 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.
(5) 
Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon site specific aesthetics and/or land use impact based upon legitimate regulatory factors including Township ordinances, protection of natural resources, scenic vistas, and protections set forth in the Township's Comprehensive Plan and any related planning documents.
(6) 
Public safety communications. Tower-based WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(7) 
Maintenance. The following maintenance requirements shall apply:
(a) 
Tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(8) 
Radio frequency emissions. Tower-based WCF shall not, by itself or in conjunction with any other WCF, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(9) 
Historic protections. No tower-based WCF may be located on a property, building or structure that is listed on the National Register of Historic Places, the Pennsylvania Register of Historic Places or included on a list of official historic places and/or within historic districts as established and maintained by the Township. No tower-based WCF may be located upon property that contains a historic building or structure and also may not be located within 150 feet of any historic building, structure, property or designated historic district.
(10) 
Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency and such contact information shall also be provided to the Township.
(11) 
Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(12) 
Appearance. The tower portion of tower-based WCF shall employ stealth technology including, if feasible, galvanized and/or painted with a rust-preventative paint of an appropriate color to harmonize with surroundings, and maximize the use of a like facade to blend in with the existing surroundings and neighboring buildings to the greatest extent possible.
(13) 
Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and local regulations, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(14) 
Aviation safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(15) 
Conditional use and notice. Upon submission of an application for a tower-based WCF and scheduling of the required conditional use hearing, the applicant shall mail notice thereof to the owner or owners of every property within 800 feet of property lines of the parcel or property upon which the proposed facility is to be situated. Such notice requirements shall be met by the applicant and proof of notification provided to the Township and also confirmed by the applicant as part of the conditional use hearing.
(16) 
Application requirements. An application for a tower-based WCF shall not be approved unless the applicant can show that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing wireless support structure, including a wireless support structure that could be considered and approved by the Township such as existing water towers or similar type structures. The following information must be submitted as part of a completed application:
(a) 
Project description including a design narrative, technology description, and co-location analysis indicating the alternative locations and technologies considered;
(b) 
Existing wireless coverage map overlaid on a current aerial photo showing provider's existing facilities and wireless coverage in the area, including the gap in coverage which is resulting in the need for the tower-based WCF;
(c) 
Proposed wireless coverage map overlaid on a current aerial photo showing provider's wireless coverage with the proposed facility;
(d) 
Site information on scaled plans, including the following:
[1] 
Site plan;
[2] 
Elevation drawings;
[3] 
Undergrounding details, as applicable;
[4] 
Screening, camouflaging or landscaping plan and cost estimate, as appropriate; and
[5] 
All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(e) 
Photos and photo simulations showing the existing appearance of the site and appearance of the proposed installation from nearby public viewpoints;
(f) 
A copy of the current FCC license for the entity that will own or operate the tower-based WCF, including the contact information of the operator of the facility. The applicant shall also provide a copy of all applicable FCC regulations with which it is required to comply and a schedule of estimated FCC inspections; and
(g) 
Any other documentation deemed necessary by the Township in order to issue a decision.
(17) 
Retention of experts/consultants. Applicants may use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communications facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third-party expert, and other consultants, may be needed to review the engineering and technical data submitted by an applicant. The Township may at its discretion require consultant assistance, including third-party engineering and technical review as part of a permitting process. The costs of such reviews shall be borne by the applicant. The selection of the third-party expert and other consultants is at the discretion of the Township. The third-party expert review is intended to address interference and public safety issues and be a site-specific review of engineering and technical aspects of the proposed wireless communications facilities and/or a review of the applicants' methodology and equipment used, and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the Township may require changes to the proposal. The third-party review shall address the following:
(a) 
The accuracy and completeness of submissions;
(b) 
The applicability of analysis techniques and methodologies;
(c) 
The validity of conclusions reached;
(d) 
The viability of other site or sites in the Township for the use intended by the applicant; and
(e) 
Any specific engineering or technical issues deemed necessary by the Township.
(18) 
Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronics Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure.
(19) 
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. The Township shall have 14 days from the receipt of the additional information to issue a letter of completeness, or request additional information as appropriate. All applications for tower-based WCF 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. 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 agreed upon by the applicant and the Township.
(20) 
Nonconforming uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this chapter.
(21) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs. All permit fees and consultant fees must be paid in full by the applicant prior to a building permit being issued to the applicant.
(22) 
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain and maintain from a surety licensed to do business in Pennsylvania a bond, or other form of financial security acceptable to the Township's Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this chapter. The language contained in the bond or other form of financial security shall be reviewed and approved by the Township Solicitor. 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, including removal of the tower by the Township if necessary, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township prior to, or at the same time as, the issuance of the permit.
(23) 
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(24) 
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(25) 
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(a) 
All unused or abandoned tower-based WCF 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 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 WCF, 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.
B. 
Specific requirements applicable to tower-based wireless communications facilities located outside of the rights-of-way.
(1) 
Development regulations.
(a) 
Zoning districts. Tower-based WCF located outside of the rights-of-way shall be permitted by conditional use in the following zoning districts in the Township:
[1] 
PBO District (Planned Business Office District); and
[2] 
VB District (Village Business District).
(b) 
Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
(c) 
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 permitted use, subject to the following conditions:
[1] 
The existing use on the property shall be any permitted use in the applicable district, and need not be affiliated with the tower-based WCF.
[2] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF, the WCF equipment enclosure, security fence, and buffer planting.
[3] 
Minimum setbacks. The tower-based WCF and WCF equipment enclosure shall comply with the setback requirements for the applicable zoning district, provided that tower-based WCF shall not violate any other required separation distances from other uses or districts as may be provided elsewhere in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 455, Zoning.
(2) 
Surrounding environment.
(a) 
The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF shall be preserved to the maximum extent possible.
(b) 
The tower-based WCF applicant shall submit a soil report to the Township showing compliance with the accepted industry standards and to document and verify the design specifications of the foundation of the tower-based WCF as being compliant with all applicable safety regulations.
(3) 
Security fencing and screening.
(a) 
A security fence having a maximum height of six feet shall completely surround any tower-based WCF and WCF equipment enclosure.
(b) 
An evergreen screen that consists of a hedge, or a row of evergreen trees or some similar type of vegetative buffer approved by the Township, shall be located along the perimeter of the security fence.
(c) 
The WCF applicant shall submit a landscape plan for review and approval by the Township for all proposed screening.
(4) 
Wireless communications facility equipment enclosure and accessory equipment.
(a) 
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground mounted equipment shall be screened from public view using stealth technologies.
(b) 
All wireless communications facility equipment enclosures 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.
(5) 
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(6) 
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this chapter and any other provisions found within the federal, state or local law. The Township and/or its agents shall have the authority to enter the property upon which a tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(7) 
Zoning setback exceptions.
(a) 
Generally, wireless communications facilities placed on private property must meet certain required setbacks. However, in some circumstances, allowing modifications to setbacks may better achieve the goal of this chapter of concealing such facilities from view.
(b) 
The Township as part of a conditional use process, may approve modifications to be made to setbacks when:
[1] 
An applicant for a wireless communication facility can demonstrate that placing the facility on certain portions of a property will provide better screening and aesthetic considerations than provided under the existing setback requirements; or
[2] 
The modification will aid in retaining open space and trees on the site; or
[3] 
The proposed location allows for the tower-based wireless communication facility to be located a greater distance from residentially zoned properties.
(c) 
This zoning setback modification cannot be used to waive/modify any setback required under the state building codes or fire codes.
(d) 
A request for a setback exception shall be made at the time the initial application is submitted, unless later suggested and recommended by the Township as part of the review process.
C. 
Specific requirements applicable to tower-based wireless communications facilities located within the rights-of-way.
(1) 
Prohibited in underground utility areas. Tower-based WCF are prohibited along any roadways or corridors of the Township which are served primarily by underground utilities. Tower-based WCF regardless of height are prohibited from being located in the front facade or front yard of any property in a residentially zoned district.
(2) 
Permitted by conditional use.
(a) 
Tower-based WCF that are 40 feet or higher are permitted in the following zoning districts:
[1] 
PBO District (Planned Business Office District); and
[2] 
VB District (Village Business District).
(b) 
Tower-based WCF that are 40 feet or shorter in height are permitted along the following corridors and roadways, regardless of the underlying zoning district, provided that they are not located within 50 feet of an area which is primarily served by underground utilities:
[1] 
Sugartown Road (south side of road only);
[2] 
Route 252 (west side of Route 252 only);
[3] 
Newtown Road.
(3) 
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 ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(4) 
Restoration. If appropriate, the applicant shall provide an estimate of the cost of restoration to the ROW by disturbances caused by its installation of a tower-based WCF. After completion of any maintenance, placement, installation, or removal of any tower-based WCF in the ROW, the owner of such facility shall, at its own expense, restore the ROW to its original condition within 20 days or such longer period as may reasonably be required and approved by the Township. Additionally:
(a) 
For one year following the completion of such work, the owner of such tower-based WCF shall guarantee its work and correct, at its own expense, any restoration work that does not satisfy the construction standards under the Township's codes; and
(b) 
The owner of the tower-based WCF shall exercise due care in such restoration of the ROW and shall take all reasonable steps to safeguard work site areas.
(5) 
Equipment location. Tower-based WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
Ground-mounted equipment, walls, or landscaping shall not be located within 18 inches of the face of the curb.
(b) 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall the 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 10 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to tower-based WCF 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 tower-based WCF shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any tower-based WCF when the Township, consistent with its police powers and any 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 improvement or other public improvements necessary within the right-of-way.
(b) 
The operations of the Township or other governmental entity is required or being interfered with, 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.
(7) 
Compensation for ROW use. In addition to other permit fees as required by the Township, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee as determined by the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

§ 447-6 Structure-mounted wireless communications facilities.

A. 
Provisions applicable to all structure-mounted wireless communications facilities.
(1) 
Standard of care. Any structure-mounted WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, and safety 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 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) 
Wind. Any structure-mounted WCF shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).
(3) 
Public safety communications. Structure-mounted WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(4) 
Aviation safety. Structure-mounted WCF shall comply with all federal and state laws and any local regulations concerning aviation safety.
(5) 
Maintenance. The following maintenance requirements shall apply:
(a) 
The structure-mounted WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(6) 
Radio frequency emissions. Structure-mounted WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(7) 
Historic protections. Structure-mounted WCF shall not be located on a property, building or structure that is listed on the National Register of Historic Places, the Pennsylvania Register of Historic Places or included on the list of official historic places and/or within historic districts as established and maintained by the Township. No structure-mounted WCF may be located upon property that contains a historic building or structure and also may not be located within 150 feet of any historic building, structure, property or designated historic district.
(8) 
Insurance. Each person that owns or operates a structure-mounted WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the structure-mounted WCF.
(9) 
Indemnification. Each person that owns or operates a structure-mounted WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the structure-mounted WCF. Each person that owns or operates a structure-mounted WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a structure-mounted WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(10) 
Removal. In the event that use of a structure-mounted WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCFs shall be removed as follows:
(a) 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
B. 
Specific requirements applicable to structure-mounted wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached.
(1) 
Permitted by building permit. Structure-mounted WCF that do not substantially change the physical dimensions of the wireless support structure to which they are proposed to be attached are permitted by building permit in all zoning districts in the Township.
(2) 
A structure-mounted WCF proposing a co-location in a zoning district or designated area where WCF are not currently permitted by this chapter may still be permitted if there are currently wireless support structures in place and available for co-location. Such co-location shall be subject to the regulations and conditions prescribed below and the prior written approval of the Township.
(3) 
Timing of approval. Within 30 calendar days of the date that an application for a structure-mounted 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 14 days from receipt of the additional information to issue a letter of completeness, or 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.
(4) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a structure-mounted WCF, or $1,000, whichever is less.
C. 
Specific requirements applicable to structure-mounted wireless communications facilities that do substantially change the wireless support structure to which they are attached.
(1) 
Permitted in certain zones subject to regulations.
(a) 
Structure-mounted WCF that substantially change the wireless support structure to which they are proposed to be attached are permitted by conditional use in the following zoning districts, and within ROW of the following roadways:
[1] 
PBO District (Planned Business Office District);
[2] 
VB District (Village Business District);
[3] 
Sugartown Road (south side of road only);
[4] 
Route 252 (west side of Route 252 only); and
[5] 
Newtown Road.
(b) 
To the extent feasible, the WCF should not be located in the front facade or front yard of any property in a residentially zoned district.
(2) 
Conditional use and notice. Upon submission of the application for the structure-mounted WCF and scheduling of the required conditional use hearing, the applicant shall mail notice thereof to the owner or owners of every property within 800 feet of the property line of the parcel or property upon which the proposed facility is to be situated. Such notice requirements shall be met by the applicant and proof of notification provided to the Township and also confirmed by the applicant as part of the conditional use hearing.
(3) 
Timing of approval. Within 30 calendar days of the date that an application for a structure-mounted 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 14 days from receipt of the additional information to issue a letter of completeness, or 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 agreed to by all parties.
(4) 
Application requirements. An application for a structure-mounted WCF that proposes to substantially change the wireless support structure must submit the following as part of a completed application:
(a) 
Project description including a design narrative, technology description, and co-location analysis indicating the alternative locations and technologies considered;
(b) 
Existing wireless coverage map overlaid on a current aerial photo showing provider's existing facilities and wireless coverage in the area;
(c) 
Proposed wireless coverage map overlaid on a current aerial photo showing provider's wireless coverage with the proposed facility;
(d) 
Photos and photo simulations showing the existing appearance of the site and appearance of the proposed installation from nearby public viewpoints;
(e) 
Any other documentation deemed necessary by the Township in order to issue a decision.
(5) 
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the WCF, and reviewing any potential violations. This analysis may include determining whether or not the co-location is substantially changing the wireless support structure despite falling outside the technical scope as defined in this chapter's definition section. The applicant or the owner of the WCF shall reimburse the Township for all expert and/or consultant costs.
(6) 
Bond. Prior to the issuance of a permit, the owner of each individual structure-mounted WCF shall, at its own cost and expense, obtain and maintain from a surety licensed to do business in Pennsylvania a bond, or other form of security acceptable to the Township's Solicitor, in an amount of $25,000 for each individual structure-mounted WCF, to assure the faithful performance of the terms and conditions of this chapter. The bond language or other financial security language shall be review and approved by the Township's Solicitor. 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.
(7) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a structure-mounted WCF, as well as related inspection, monitoring and related costs. All permit fees and reimbursement for expert/consultant fees shall be paid in full by the applicant prior to the issuance of any building permits.
D. 
Additional requirements applicable to structure-mounted wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached.
(1) 
Development regulations. Structure-mounted WCF shall be co-located on existing structures, such as existing buildings or tower-based WCF subject to the following conditions:
(a) 
Such WCF does not exceed a maximum height of 150 feet.
(b) 
If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c) 
A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2) 
Design regulations.
(a) 
Structure-mounted WCF shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Structure-mounted WCF, 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.
(c) 
All structure-mounted 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.
(e) 
Noncommercial usage exemption. The design regulations enumerated in this paragraph shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
(3) 
Removal, replacement, and/or modification.
(a) 
The removal and replacement of structure-mounted WCF 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.
(b) 
Any material modification to WCF shall require a prior amendment to the original permit or authorization.
(4) 
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the local, state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time upon reasonable notice to the operator, to ensure such compliance.
E. 
Additional requirements applicable to structure-mounted wireless communications facilities located in the rights-of-way.
(1) 
Co-location. Structure-mounted WCF in the ROW 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 ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(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 ROW use. In addition to permit fees as described above, every structure-mounted WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each structure-mounted WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for structure-mounted WCF shall be determined by the Township and shall be based on the Township's actual ROW management costs as applied to such structure-mounted WCF.
(4) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all structure-mounted WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(5) 
Restoration. If appropriate, the applicant shall provide an estimate of the cost of restoration to the ROW by disturbances caused by its installation of any structure-mounted WCF. If necessary, after completion of any maintenance, placement, installation, or removal of any structure-mounted WCF in the ROW, the owner of such facility shall, at its own expense, restore the ROW to its original condition within 20 days or such longer period as may reasonably be required and approved by the Township. Additionally:
(a) 
For one year following the completion of any such necessary work, the owner of such structure-mounted WCF shall guarantee its work and correct, at its own expense, any restoration work that does not satisfy the construction standards under the Township's codes; and
(b) 
The owner of the structure-mounted WCF shall exercise due care in any such restoration of the ROW and shall take all reasonable steps to safeguard work site areas.
(6) 
Equipment location. Structure-mounted WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
Ground-mounted equipment, walls, or landscaping shall not 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 undergrounded, 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 10 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to structure-mounted WCF shall be reviewed and approved by the Township.
(7) 
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 structure-mounted WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township improvement or other public improvements necessary within the right-of-way.
(b) 
The operations of the Township or other governmental entity is required or being interfered with, in the right-of-way.
(c) 
Vacation of a street or road or the release of a utility easement.
(8) 
An emergency as determined by the Township.

§ 447-7 Violations and penalties; police powers.

A. 
Penalties. Any person violating any provision of this chapter shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this chapter and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this chapter.
B. 
Determination of violation. In the event a determination is made that a person has violated any provision of this chapter, such person shall be provided written notice of the determination and the reasons therefore. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this chapter and/or federal and/or Pennsylvania law and regulations.
C. 
Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable local, state and federal laws and regulations.