Township of Wilkins, PA Article IX Telecommunications Facilities

[Added 8-13-2001 by Ord. No. 936; amended 4-25-2016 by Ord. No. 1063]

§ 450-59 Wireless communications facilities.

A. Purposes and findings of fact.

(1) The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Wilkins Township (referred to herein as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

(2) By enacting these provisions, the Township intends to:

(a) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(b) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

(c) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

(d) Address new wireless technologies, including, but not limited to, distributed antenna systems, and other wireless communications facilities;

(e) Minimize the adverse visual effects and the number of such facilities through proper design, siting, 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;

(f) Promote the health, safety and welfare of the Township's residents.

B. General and specific requirements for non-tower wireless communications facilities.

(1) The following regulations shall apply to all nontower WCFs:

(a) Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zoning districts subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(b) Prohibited on certain structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(c) Nonconforming wireless support structures. Nontower WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs. Co-location of nontower WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use and design within a zoning district.

(d) Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Nontower WCFs 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.

(e) Wind. All nontower WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

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

(g) Public safety communications. Nontower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(h) Radio frequency emissions. A nontower 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.

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

[1] All abandoned or unused nontower WCFs and related equipment shall be removed within two months of the cessation of operations at the site, unless a time extension is approved by the Township.

[2] If the nontower WCF or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the nontower WCF and/or associated facilities and related equipment may be removed by the Township and the cost of removal assessed against the owner of the nontower WCF.

(j) Insurance. Each person that owns or operates a nontower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.

(k) Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person that owns or operates a nontower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(l) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1] The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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

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

(2) The following regulations shall apply to all co-located nontower WCFs that fall under the Pennsylvania Wireless Broadband Collocation Act (WBCA)[1] and/or that do not substantially change the dimensions of the underlying wireless support structure:

(a) Permit required. Nontower WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Township. In order to be considered for such permit, the nontower WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

(b) Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. The Township shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt.

(c) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF or $1,000, whichever is less.

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

(3) The following regulations shall apply to all nontower WCFs that do not fall under the Pennsylvania Wireless Broadband Collocation Act and/or substantially change the wireless support structure to which they are attached:

(a) Prohibited on certain structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(b) Special exception authorization required. Any WCF applicant proposing the construction of a new nontower WCF, or the modification of an existing nontower WCF that does not fall under the Pennsylvania WBCA or the FCC's 2009 Shot Clock Order, shall apply for special exception authorization from the Township. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the special exception process. The special exception application shall demonstrate that the proposed facility complies with all provisions applicable to the proposed nontower WCF in this chapter.

(c) Historic buildings. No nontower WCF may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Township.

(d) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the nontower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these nontower WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(e) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF, as well as related inspection, monitoring and related costs.

(f) Development regulations. Nontower WCFs shall be located on existing structures or wireless support structures, such as tower-based WCFs, subject to the following conditions:

[1] To the extent permissible by law, the total height of any wireless support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.

[2] In accordance with industry standards, all WCF applicants must submit documentation to the Township justifying the total height of the nontower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

[3] If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible in accordance with Township regulations.

(g) Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, amateur (HAM) radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of this chapter.

(h) Security fence. A security fence with a minimum height of eight feet, with only self-locking gates, 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.

(i) Stealth technology. Nontower WCFs shall employ stealth technology and shall be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township Zoning Hearing Board.

(j) Removal, replacement and modification.

[1] The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the nontower WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of antennas.

[2] Any material modification to an existing nontower WCF shall require notice to be provided to the Township and possible supplemental permit approval to the original permit or authorization.

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

(4) Regulations applicable to all nontower WCFs located in the public rights-of-way. In addition to the nontower WCF provisions listed in Subsection B of this section, the following regulations shall apply to nontower WCFs located in the public rights-of-way:

(a) Location and co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall, with the Township's approval, locate its nontower WCF on existing poles or freestanding structures that do not already act as wireless support structures.

(b) Design requirements:

[1] Nontower 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. The combined height of the support structure and nontower WCF shall be subject to the forty-foot height maximum enumerated herein. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[2] Antennas and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]

[2] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

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

[1] In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or on a privately owned lot.

[2] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township Zoning Hearing Board.

[3] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township Zoning Hearing Board.

[4] Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.

[5] Any proposed underground vault related to nontower WCFs shall be reviewed and approved by the Township Zoning Hearing Board.

(e) 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 nontower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any nontower WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2] The operations of the Township or other governmental entity in the right-of-way;

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the Township.

C. General and specific requirements for all tower-based wireless communications facilities.

(1) The following regulations shall apply to all tower-based wireless communications facilities:

(a) 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, and 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.

(b) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(c) Special exception authorization required. Tower-based WCFs are permitted in certain zoning districts by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

[1] Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant, during the special exception hearing, to prove to the reasonable satisfaction of the Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antennas and other similar equipment installed on existing structures, such as utility poles or their appurtenances and/or other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

[2] The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[3] The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

[4] Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board of Commissioners that the owner of the property has granted an easement for the proposed tower-based WCF and that vehicular access will be provided to the facility.

[5] The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.

(d) Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, the applicant shall employ a structural engineer registered in Pennsylvania to issue to the Township a written certification of the proposed tower-based WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association. Such engineer shall certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception hearings, or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

(e) Visual appearance. Tower-based WCFs shall employ stealth technology, which may include the tower portion to be painted silver or another color approved by the Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCFs and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

(f) Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by Wilkins Township. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount its antenna(s) on an existing structure. The WCF applicant shall present evidence to the Township Zoning Hearing Board that it contacted the owners of tall structures, buildings, and towers within a one-fourth-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[1] The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2] The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

[3] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

(g) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF which increases the overall height of such tower-based WCF shall first obtain a permit from the Township. Nonroutine modifications, as well as modifications that substantially change the tower-based WCF, shall be prohibited without a permit.

(h) Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Zoning Hearing Board's decision on an application for approval of a tower-based WCF.

(i) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate antennas on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

(j) Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.

(k) Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed 75 feet vertically from the base of the tower-based WCF to the top of the original wireless support structure. An existing tower may be increased by no more than an additional 75 feet as long as an independent, certified engineer retained under this section expresses an opinion that the additional height is necessary for the proposed communications tower to perform its function.

(l) Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area, housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing antenna space on a tower-based WCF that is over 75 feet in height.

(m) 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.

(n) Maintenance. The following maintenance requirements shall apply:

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

[2] Such maintenance shall be performed to ensure the upkeep of the tower-based WCF in order to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents.

(o) Radio frequency emissions. A tower-based 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.

(p) Historic buildings or districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township Historical Society.

(q) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the tower-based WCF shall be that required by the FCC or any other federal or state agency.

(r) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

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

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

(u) 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 tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the tower-based WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(v) 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 WCF 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 WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

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

(x) 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. Special exception authorization automatically lapses after 12 continuous months of disuse or abandonment. Unused or abandoned WCFs or portions of tower-based WCFs shall be removed as follows:

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

[2] If the tower-based 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 tower-based WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the tower-based WCF.

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

(y) 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.

(z) FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(aa) 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.

(bb) Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(cc) Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(dd) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(2) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

(a) Development regulations.

[1] Tower-based WCFs shall not be located in, or within 100 feet of, an area in which utilities are primarily located underground.

[2] Tower-based WCFs are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the above prohibition:

[a] C Commercial District (along the Route 22 corridor).

[b] M Manufacturing District.

[3] Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the lot meets the minimum lot requirements in the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height.

[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, subject to the following conditions:

[a] The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the tower-based WCF.

[b] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[c] Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to 110% the total height of the tower-based WCF or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day care facility, or agriculture or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the tower-based WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

(b) Design regulations.

[1] The tower-based WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township Zoning Hearing Board.

[2] To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

[3] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[4] Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(c) Surrounding environs.

[1] The 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.

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

(d) Fence/screen.

[1] A security fence with a minimum height of eight feet, with only self-locking gates, shall completely surround any tower-based WCF, as well as guy wires, or any building housing WCF equipment.

[2] Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

(e) Accessory equipment.

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

[2] All related equipment, 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.

(f) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the owner of the tower-based WCF shall present documentation to the Zoning Hearing Board that the property owner has granted an easement for the proposed facility.

(g) Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

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

(3) The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way:

(a) Location and development standards.

[1] Tower-based WCFs in the public ROW shall not exceed 40 feet in height and are prohibited in areas in which all utilities are located underground.

[2] Tower-based WCFs in the ROW shall not be located in the front facade area of any structure.

[3] Tower-based WCFs in the ROW shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Township Zoning Office.

(b) 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.[3]

[3] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

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

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

[2] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township Zoning Hearing Board.

[3] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township Zoning Hearing Board.

[4] Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

[5] Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township Zoning Hearing Board.

(d) Design regulations.

[1] The tower-based 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 Zoning Hearing Board.

[2] To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township and shall not increase the overall height of the tower-based WCF to more than 40 feet.

[3] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(e) Relocation or removal of facilities. Within three months 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 tower-based WCF in the ROW 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 applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2] The operations of the Township or other governmental entity in the right-of-way;

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the Township.

(f) Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each 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.