The following performance standards shall apply to all commercial
and industrial uses located throughout the Township, unless more stringent
provisions are contained within a specified zoning district. Where
applicable, in determining the best practical control methods, the
Township shall not require any method which would result in an arbitrary
and unreasonable taking of property or in the practical closing of
any lawful business or activity if such would be without corresponding
public benefit.
A.
Sound levels shall be measured with a sound-level meter using the
A-weighting decibel network and associated octave band filter manufactured
according to standards prescribed by the American National Standards
Institute. The level so read shall be designated "dB(A)." Measurements
shall be made using the flat network of the sound-level meter. Impulsive-type
noises shall be subject to the prescribed performance standards, provided
that such noises shall be capable of being accurately measured with
such equipment. Noises able to be so measured, for the purpose of
this chapter, shall be those noises which cause rapid fluctuations
of the needle of the sound-level meter with a variation of no more
than plus or minus two decibels. Noises not able to be so measured,
such as those of an irregular and intermittent nature, shall be controlled
so as not to become a nuisance to adjacent uses.
B.
The sound-pressure level (other than background noise not directly
under the control of the operator) abutting upon a residential or
commercial use shall not exceed the decibel limits in the octave band
designated in the following table:
|
Octave Band Frequency
(cycles per second)
|
Decibel Limits Along Residential Use Boundaries
|
Decibel Limits Along Commercial Use Boundaries
|
|---|---|---|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
4,800 and over
|
32
|
39
|
C.
Sounds of short duration, as from forge hammers, punch presses and metal shears, which cannot be measured accurately with the sound-level meter, shall be measured with the impact noise filter as manufactured by the General Radio Company or its equivalent in order to determine the peak value of the impact. For sounds so measured, the sound-pressure level as set forth in Subsection B above shall be increased by six decibels.
D.
Exemptions. The provisions of this section shall not apply to:
(1)
Warning devices necessary for the protection of public safety,
including but not limited to police, fire and ambulance sirens and
train horns.
(2)
Occasional outdoor gatherings, public dances, shows and sporting
and entertainment events, including regularly scheduled school athletic
events.
(3)
Temporary construction/demolition activities.
(4)
Stationary nonemergency signaling devices.
(5)
Motor vehicles operating on a public right-of-way.
(6)
Township-permitted parades, civic functions or gatherings.
(7)
Federal- or commonwealth-preempted activities, to the extent
that regulations herein have been preempted by commonwealth or federal
law.
Every use shall be so operated that the ground vibration inherently
and recurrently generated is not perceptible, without instruments,
at any point of any property line of the lot on which the use is located.
Vibrations from temporary construction and vehicles (trucks, trains,
airplanes and helicopters) which leave the lot are excluded.
Particulate material emitted by a use shall not exceed such
limits as contained within the National Primary and Secondary Ambient
Air Quality Standards, 40 CFR 50.6, including Appendix J, and 40 CFR
50.12, including Appendix G.
A person/business entity shall not conduct a use causing toxic
or noxious material emissions across a property line that exceed applicable
federal and commonwealth standards.
The storage and/or use of flammable and explosive materials
shall be in accordance with the Pennsylvania UCC[1] standards as adopted by the Township.
[1]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
A.
In any district, no odor shall be permitted at any lot line exceeding
the lowest amount set forth in Table III, Odor Thresholds, of Chapter
5, Physiological Effects, of the Air Pollution Abatement Manual of
the Manufacturing Chemists Association, according to the latest edition
of such table for the compounds therein described. For compounds not
described in said Table III, odor thresholds may be established by
methods indicated in Chapter 5 of the manual, and no odor shall be
permitted at any lot line exceeding the amount determined by the application
of such methods.
B.
When the source is a manufacturing process or agricultural operation, no violation of the above Subsection A shall be cited by the Township, provided that the best practical treatment, maintenance and control currently available shall be utilized in order to maintain the lowest possible emission of odorous gases.
A.
Where light fixtures are installed to provide exterior illumination,
excluding overhead streetlighting and warning, emergency or traffic
signals, the following restrictions shall apply:
(1)
No glare or direct illumination may be in excess of 0.5 footcandle
when measured at a residential use and/or residential zoning district.
(2)
Such illumination shall not interfere with the vision of motor
vehicle operators.
(3)
Pole-mounted lamps shall be placed directly above the area to
be illuminated and shielded at the top and sides, or positioned near
the perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions.
(4)
The installation or erection of any lighting which may be confused
with warning signals, emergency signals or traffic signals shall not
be permitted.
B.
When a property owner is notified by the Zoning Officer that a violation
of these provisions exists, the glare or illumination problem shall
be abated within 15 days of receipt of the violation notice.
Any operation producing intense heat perceptible to normal senses
across the property line shall be performed within a completely enclosed
building in such a manner so as not to create a public nuisance or
hazard along such property lines.
No activity shall emit radioactivity at any point in violation
of applicable commonwealth and federal regulations.
In all districts, no use, activity or process shall be conducted
which produces electric and/or magnetic fields which adversely affect
public health, safety and welfare, including but not limited to interference
with normal radio, television and/or telecommunication reception from
off the premises where the activity is conducted.
In areas within the limestone formation, best management practices
shall be employed to avoid groundwater contamination and structural
collapse. All stormwater shall be discharged to pipes and/or existing
natural drainageways which discharge into waters of the Commonwealth
of Pennsylvania.
A.
No materials or wastes shall be deposited upon a lot in such form
or manner that such may be transported off the lot by natural causes
or forces.
B.
All materials or wastes having the potential to cause fumes or dust,
to constitute a fire hazard or to be edible by or otherwise to be
attractive to rodents or insects shall be stored outdoors only in
closed containers in accordance with applicable Lower Allen Township
codes.
C.
No flammable gases or solids, combustible or flammable liquids or
explosives shall be stored in bulk aboveground in accordance with
applicable Lower Allen Township codes, except that:
(1)
Railroad locomotive fueling, fuel tanks for energy/heating products
and tanks containing compressed natural gas operated in association
with a permitted use may utilize aboveground tanks, provided that
they are located a minimum of 1,000 feet from a residential district.
(2)
Vaulted tanks, as approved by the Township Code Official, may
be located aboveground.
(3)
The parking of railroad tank cars containing explosive or flammable
materials shall be located a minimum of 1,000 feet from a residential
district.
D.
Storage and disposal of all materials shall be in compliance with
the applicable requirements of the International Fire Code.
Truck or railroad loading/unloading operations located within
200 feet of or abutting a residential district shall not be conducted
between the hours of 10:00 p.m. and 6:00 a.m. or else shall be conducted
entirely within an enclosed structure.
A.
Front yard landscaping. In the front yard of any nonresidential or
multifamily development, at least 5% of that area shall be landscaped,
unless otherwise provided for within the specific zoning district.
For purposes of this subsection, the "front yard area" is defined
as that area between the front facade of the structure and the edge
of the public right-of-way. The composition of the landscaping material
and its placement on the lot shall be at the discretion of the developer/applicant.
At a minimum, these landscaped areas shall contain evergreen and/or
deciduous trees at least 1 1/2 inches in caliper, evergreen and/or
deciduous shrubs one foot to three feet in height and continuous ground
cover.
B.
Parking area landscaping. Parking areas shall be suitably landscaped
to minimize noise, glare and other nuisance characteristics, as well
as to improve the environment of the site and surrounding area in
accordance with the following provisions. Parking lots containing
more than 50 parking spaces shall be divided into sections, as appropriate
for the type and size of the development. Sections shall be separated
by landscaped dividing strips, berms and similar elements.
(1)
Amount required. At least 5% of the interior parking area shall
be landscaped with plantings, including one tree per every 10 parking
spaces. Planting required within the parking lot is exclusive of other
planting and screening requirements.
(2)
Location. Landscaping shall be located within protected areas
at the discretion of the developer/applicant, such as along walkways,
in center islands, at the ends of bays or between parking stalls.
All landscaping in parking areas and along street frontage shall be
placed so that it will not obstruct sight distance nor interfere with
overhead utility lines.
(3)
Plant type. A mixture of hardy flowering and/or decorative evergreen
and deciduous trees is preferred. The evergreens should be used along
the perimeter of the lot as part of the screening requirements and
the deciduous trees for shading of the lot. The areas between trees
shall be mulched, planted with shrubs or ground cover or covered with
a paving material. Any area that will be under the overhang of vehicles
shall be mulched or covered with paving material. Plantings shall
avoid overhanging onto adjacent properties.
C.
Maintenance. The owner and tenant of any property where landscaping
is required shall be jointly and severally responsible for the maintenance
of all required plant material and continued compliance with this
section.
A.
A fence, wall, landscaping, earth berm, existing vegetation area
or any combination thereof shall be provided to obscure certain uses
or portions of a specific use which, by their nature, are unsightly
or which, by scale or design, represent the potential to negatively
impact adjacent properties. The following specific uses or features
shall be screened from adjacent properties and from public view from
a public street:
(1)
Dumpster and trash-handling areas.
(2)
Service entrances, mechanical equipment and utility facilities.
(3)
Outdoor storage of any material stocks or equipment, including
but not limited to motor vehicles, farm or construction equipment
or other similar items.
(4)
Commercial and industrial uses, when located adjacent to residential
uses and/or residential districts.
B.
Screening standards. Where required, screening shall consist of an
area containing any materials as defined above to visually screen
land uses. The composition of the screening material and its placement
on the lot shall be at the discretion of the developer/applicant of
the lot as long as the purpose and requirements of this section are
fulfilled. The following standards apply:
(2)
The minimum height of any screening shall be that which is sufficient
to visually separate uses within the subject property from adjoining
properties or public streets.
(3)
The height of any screening material, natural or man-made, shall
not interfere with clear sight distance at driveways or street intersections.
(4)
For every 50 feet of property line where screening is required,
an evergreen or deciduous tree of at least two inches in caliper shall
be planted and incorporated into the screening material. This shall
not apply when fencing or a wall is used to fulfill the screening
requirement.
(5)
Any earthen berm used to fulfill the requirements of this subsection
shall be stabilized to prevent erosion and landscaped with grasses,
shrubs or other ground covers.
(6)
Shrubs used as screening materials shall be of evergreen varieties
and shall be at least three feet in height and placed no further than
six feet apart when planted. Possible planting arrangements include
planting in parallel, serpentine or broken rows. Shrubs shall be of
a variety providing for an average height of five feet to six feet
within two years from the time of planting.
C.
Screening and buffering requirements for parking areas located adjacent
to residential uses. The following standards shall apply for nonresidential
parking areas located adjacent to residential uses:
(1)
A front yard setback for any parking area equal to at least
half of that required for the adjacent residential use, but in no
case less than 10 feet, shall be provided.
(2)
A wall, hedge or earthen berm shall be placed along the perimeter
of the parking area adjacent to the residential use, within a buffer
yard of five feet, in addition to the required yard setbacks.
D.
Maintenance. The owner and tenant of any property for which screening
or buffering is required shall be jointly and severally responsible
for the maintenance of all required plant material and continued compliance
with this subsection. Such planting material shall be maintained so
as not to project past property lines.
E.
In addition to the above standards, screening shall be designed,
installed and maintained in accordance with Township landscape standards.
A.
Buffering standards. Where required, buffering shall consist of an
area no less than five feet in width, unless otherwise stated within
the specific zoning district, containing an area to visually buffer
land uses. The following standards apply:
(1)
Where nonresidential uses and multifamily and single-family
attached dwellings abut residential uses within the same zoning district,
excluding such uses located within the MUN Mixed-Use Neighborhood
and C-1 Neighborhood Commercial Districts, a buffer yard of 25 feet
shall be provided, unless otherwise indicated herein.
(2)
A buffer yard of 100 feet shall be provided for nonresidential
uses located within the I-1 General Industrial, I-3 Industrial/Commercial,
C-4 Regional Commercial and C-3 Planned Business Center Districts
when abutting a residential district.
(3)
Required buffer yards may be combined with a utility or other
easement, so long as all landscape requirements can be provided in
accordance with any existing or proposed easement agreements. Vehicles
or other objects shall not overhang or otherwise intrude upon the
required buffer yard more than 2 1/2 feet and wheel stops or
curbs shall be required.
(4)
Where residential subdivisions abut collector or arterial streets,
adjacent lots shall front on minor Township or local streets, and
a landscaped buffer yard shall be provided along the property line
abutting the collector or arterial street. The buffer yard shall be
a minimum of 25 feet in width and shall include trees and shrubs in
accordance with screening requirements as stated herein.
B.
In addition to the above standards, screening shall be designed,
installed and maintained in accordance with Township landscape standards.
The following provisions shall apply to woodlands as defined
herein:
A.
No more than 15% of any mature woodland may be cleared or developed.
The remaining 85% shall be maintained as open space. No more than
30% of any woodlands not identified as a mature or young woodland
in accordance with definitions herein may be cleared or developed.
The remaining 70% shall be maintained as permanent open space. No
more than 60% of any young woodland shall be cleared. The remaining
40% shall be maintained as permanent open space.
B.
Replacement of woodlands credit. In the case of mature woodlands,
the developer may clear or develop more than the area otherwise permitted
to be disturbed by this section, provided that the total mature woodland
or woodland area disturbed shall not be increased by more than 50%
of the area otherwise permitted to be disturbed. No more than 22.5%
of mature woodlands may be disturbed. No more than 45% of all woodlands
may be disturbed. In addition:
(1)
The developer shall designate a new woodland area on a part
of the site not forested.
(2)
The new woodland area shall consist of 1.2 times the surface
acreage of the woodland area disturbed pursuant to this section.
(3)
The new woodland area shall be planted with new trees at 1.5
times the number of woodland trees removed. New trees shall have a
minimum caliper of 2.5 inches. Trees shall be planted in accordance
with a planting plan provided a by a design professional.
C.
Removal of any woodlands shall be in accordance with an approved
timber harvesting plan.
The provisions of this section shall apply to additional building
lots created by a subdivision plan. Furthermore, these regulations
shall not apply to existing man-made slopes.
A.
The development, grading and stripping of vegetation shall be limited
to a percentage of land within steep slope categories established
by this section. The applicant proposing the subdivision shall prepare
a topographic site plan, with contour intervals of five feet (or of
greater detail), depicting the slope of all areas within the site
in categories of 15% to 24.9% and greater than 25%. Such plan shall
be sealed by a professional engineer, a professional land surveyor
or a landscape architect.
B.
The maximum area of land which may be developed, graded and stripped
of vegetation shall be as follows:
In addition to the performance standards of this chapter, the
following provisions within state-designated scenic river corridor
for Yellow Breeches Creek shall apply:
A.
Any activity shall be conducted in accordance with guidelines as
set forth within the Management Guidelines of the Scenic Rivers Program,
as amended. Such guidelines address the following activities:
B.
No existing vegetation shall be removed within 100 feet of the designated
scenic river, measured from the edge of water at normal flow, except:
(1)
(Reserved)
(2)
When associated with the development of an accessway. Such accessway
shall not exceed 10 feet in width. Access points authorized by the
Pennsylvania Fish and Boat Commission shall be built in accordance
with Commission regulations.
(3)
The removal of dead, diseased or damaged vegetation.
(4)
The removal of invasive species and replacement with native
species.
C.
Any new vegetative plantings and/or replacement of existing vegetative
plantings shall be of native plant materials to stabilize any disturbed
landscapes, improve the function of the floodplain, screen and buffer
adjacent land uses and improve the aesthetic condition of the corridor
whenever possible. Regular maintenance/pruning of landscaping, including
the removal of dead and/or diseased vegetation, shall be permitted.
Any activity within the floodway or flood fringe, as herein
defined, shall be in accordance with applicable Township floodplain
management provisions, as amended.
A.
Short title. This section shall be known as the "Lower Allen Township
Wireless Communications Facilities Ordinance."
B.
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 Lower Allen 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 this section, the Township intends to:
(a)
Regulate the placement, construction, and modification of wireless
communication facilities to protect the safety and welfare of the
public.
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of 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 nontower-based 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, data collection units, cable Wi-Fi
and other wireless communications facilities.
(e)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures.
(f)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape.
(g)
Ensure that wireless communications facilities will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary.
(h)
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
C.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, Uniform Construction Code, as well
as the accepted and responsible workmanlike industry practices of
the National Association of Tower Erectors. Any tower-based WCF shall
at all times be kept and maintained in good condition, order and repair
by qualified maintenance and construction personnel, so that the same
shall not endanger the life of any person or any property in the Township.
(2)
Wind and ice. Any tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended).
(3)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure. In no
case shall a WCF exceed a maximum height of 200 feet.
(4)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize the best available
technology for preventing failures and accidents.
(d)
The Township reserves the authority to require the repainting
of all tower-based facilities where the painting of such facilities
is not regularly maintained.
(6)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, 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 buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on an historic register
or is located in an historic district.
(8)
Signs. A sign shall be posted at all tower-based WCFs in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency.
(9)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(10)
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.
(11)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(12)
Inspection. No later than December of each odd-numbered year,
the owner of the tower-based WCF shall have said WCF structure inspected
by an expert who is regularly involved in the maintenance, inspection
and/or erection of tower-based WCFs and has demonstrated his/her expertise
to the satisfaction of the Township. At a minimum, this inspection
shall be conducted in accordance with the Tower Inspection Class checklist
provided in the Electronics Industries Association (EIA) Standard
222, Structural Standards for Steel Antenna Towers and Antenna Support
Structures. A copy of said inspection report and certification of
continued use shall be provided to the Township by March 1 following
the inspection. Any repairs advised by the report shall be effected
by the owner within 60 calendar days after the report is filed with
the Township.
(13)
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 tower-based WCF and
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The 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.
(14)
Timing of approval. 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, including an
application fee in the amount specified by the Wireless Fee Schedule.[2] If the Township receives an application for a tower-based
WCF and such application is not fully completed, then the Township
shall promptly notify the applicant that the application is not complete
and the time for the approval of such application shall not commence
until a fully completed application is received by the Township.
[2]
Editor's Note: The Wireless Fee Schedule is on file in the
Township offices.
(15)
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored in accordance with § 220-223 but must otherwise comply with the terms and conditions of this section.
(16)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(17)
Siting. No tower-based wireless communications facility shall
be located, in whole or in part, within the right-of-way.
(18)
Prohibited in areas of underground utilities. Tower-based WCFs
shall not be located in, or within 75 feet of, an underground development.
(19)
Historic buildings. No small WCF may be located within 100 feet of
any property, or on a building or structure, that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, located within an historic district, or is included
in the official historic structures list maintained by the Township.
(20)
Development regulations. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
(a)
Prohibited in areas of underground utilities. Tower-based WCFs
shall not be located in, or within 75 feet of, an underground development.
(b)
Permitted by right subject to regulation. Tower-based WCFs are
permitted by right subject to regulation outside of the public rights-of-way
in the following zoning districts, subject to the underground utility
prohibition above:
(c)
Permitted by conditional use. Tower-based WCFs are permitted
by conditional use, subject to the underground utility prohibition
above, in the following zoning districts:
(d)
Minimum height necessary to satisfy function. Tower-based WCFs
are permitted in the MUN Mixed-Use Neighborhood District, R-1 Single-Family
Established Residential District, R-2 Single-Family Rural Residential
District, and R-3 Multifamily Residential District by conditional
use 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 this section 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 Board's approval of a conditional
use authorizing the construction and installation of a tower-based
WCF, it shall be incumbent upon the WCF applicant for such conditional
use approval to prove to the reasonable satisfaction of the Board
that the WCF applicant cannot adequately extend or infill its communications
system by co-location, or the use of equipment such as redoes, repeaters,
antenna(s) and other similar equipment installed on existing structures,
such as utility poles or their appurtenances and 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 conditional use 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 conditional use application shall also 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 WCF and that vehicular access will be
provided to the facility.
[5]
The conditional use application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions in this section.
(e)
Coverage and capacity. An applicant for a tower-based WCF must
demonstrate that a gap in wireless coverage and capacity exists and
that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage and capacity.
The existence or nonexistence of a gap in wireless coverage shall
be a factor in the Township's decision on an application for approval
of tower-based WCFs.
(f)
Good faith effort. Any applicant proposing construction of a
new tower-based WCF shall demonstrate, in writing, that a good faith
effort has been made to obtain permission to place such a tower-based
WCF on lands or rights-of-way owned or under control of the federal,
state, or local government which would meet their needs.
(g)
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.
(h)
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 industrial, commercial, institutional, or municipal use,
subject to the following conditions:
[1]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
communications facility.
[2]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF shall be
set back from all property lines or lease lines the greater of a distance
equal to 50% of the height of the structure or to the yard setback
applicable to the zoning district in which the structure is to be
located.
(21)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF that meets the Chapter 192 definition of "land development" shall submit plans to the Township for review by the Township staff and Planning Commission and for approval by the Board of Commissioners in accordance with the requirements of Chapter 192, Subdivision and Land Development.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(22)
Notice. Upon receipt of an application for a tower-based WCF
under a conditional use permit, the Township shall mail notice thereof
to the owner or owners of every property zoned residential or used
for residential purposes within a 500-foot radius of the site of the
proposed facility.
(23)
Eligible facilities request.
(a)
WCF applicants proposing a modification to an existing WCF that
does not substantially change the dimensions of the underlying structure
shall be required only to obtain a building permit from the Township
Building Code Official if required by the PA Uniform Construction
Code[3] and validate qualification as an eligible facility with
the Zoning Officer. In order to be considered for such permit, the
WCF applicant must submit a building permit application to the Township
in accordance with applicable permit policies and procedures.
[3]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
(24)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved
unless the Township finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building. Any applicant proposing
construction of a new tower-based WCF outside the rights-of-way shall
demonstrate to the satisfaction of the Board of Commissioners, by
written submission, that a good faith effort has been made to obtain
permission to mount the tower-based WCF antenna on an existing building
or structure. A good faith effort shall require that all owners of
potentially suitable structures within a one-quarter-mile radius of
the proposed tower-based WCF site be contacted and that the applicant
certifies, in writing, to the Board of Commissioners that one or more
of the following reasons for not selecting such structure apply:
[1]
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost.
[2]
The proposed WCF and related equipment would cause
radio frequency interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost.
[3]
Such existing structure does not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(25)
Design regulations.
(a)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The tower extension color shall reasonably
match the color of the existing tower.
(b)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(26)
Surrounding environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees, and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I, Geotechnical Investigations,
ANSI/EIA/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(27)
Fence/screen.
(a)
A security fence having a maximum height of nine feet, and a minimum height of six feet, shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment in accordance with § 220-201A.
(b)
An evergreen screen that consists of a hedge, planted three
feet on center maximum, or a row of evergreen trees planted 10 feet
on center maximum, shall be located along the perimeter of the security
fence. The evergreen screen shall be a minimum height of six feet
at planting and shall grow to a minimum of 15 feet at maturity.
(c)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(28)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view,
as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to be compatible in appearance with surrounding buildings
and structures by utilizing appropriate colors, materials and styles
and shall meet the minimum setback requirements of the underlying
zoning district.
(29)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(30)
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. The easement shall
be a minimum of 20 feet in width and the access shall be paved to
a width of at least 10 feet throughout its entire length.
(31)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the ROW shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Township Solicitor in
an amount of $75,000 to assure the faithful performance of the terms
and conditions of this section. 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 section, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Township and maintain the bond for the life of the respective
facility.
(32)
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 visual and/or land use impact.
(33)
Inspection by Township. The Township reserves the right to inspect
any tower-based WCF to ensure compliance with the provisions of this
section 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 WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance.
D.
Nontower wireless facilities outside the rights-of-way. The following
regulations shall apply to all nontower wireless communications facilities:
(1)
Permitted by right in all zones subject to regulations. Nontower
WCFs are permitted by conditional use outside the public rights-of-way
in all zones subject to the restrictions and conditions prescribed
below and subject to the prior written approval of the Township.
(2)
Siting preferences. The following sites shall be utilized by
applicants as the required order of location of proposed nontower
WCFs, including antennas and related equipment. As determined feasible,
and in order of preference, the sites are:
(a)
Existing WCFs, utility poles, traffic signal poles, smokestacks,
water towers, or any other tall structures.
(b)
I-1 General Industrial District, I-2 Mineral Recovery District,
and I-3 Industrial/Commercial District.
(c)
Publicly owned structures.
(d)
C-1 Neighborhood Commercial District, C-2 General Commercial
District, C-3 Planned Business Center District, and C-4 Regional Commercial
District.
(e)
Residential zones which are MUN Mixed-Use Neighborhood District,
R-1 Single-Family Established Residential.
(3)
Development regulations. Nontower WCFs shall be co-located on
existing structures, such as existing buildings or tower-based WCFs,
subject to the following conditions:
(a)
Such WCF does not exceed the maximum height permitted in the
applicable zoning district.
(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 security fence with a maximum height of nine feet, and a minimum
height of six feet, 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.
(4)
Procedures.
(a)
Any applicant proposing a nontower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings indicating how the nontower WCF will be mounted on the structure
for review by the Lower Allen Township Planning Commission for compliance
with the Lower Allen Township Building Code.[4]
(b)
The applicant shall prove that it is licensed by the FCC to
operate a nontower WCF and that the proposed nontower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(5)
Eligible facilities request. WCF applicants proposing a modification
to an existing WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from the Township Building Code Official if required by the
PA Uniform Construction Code[5] and validate qualification as an eligible facility with
the Zoning Officer. In order to be considered for such permit, the
WCF applicant must submit a building permit application to the Township
in accordance with applicable permit policies and procedures.
[5]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
(6)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any nontower
WCF based upon visual and/or land use impact.
(7)
Historic buildings. Nontower WCFs may not be located on a building
or structure that is listed on an historic register or is located
in an historic district.
(8)
Timing of approval. All applications for nontower WCFs shall
be acted upon by the Township within 90 days of the receipt of a fully
completed application for the approval of such WCF, including an application
fee in an amount specified by the Wireless Fee Schedule.[6] If the Township receives an application for a nontower
WCF and such application is not fully completed, then the Township
shall promptly notify the applicant that the application is not complete
and the time for the approval of such application shall not commence
until a fully completed application is received by the Township.
[6]
Editor's Note: The Wireless Fee Schedule is on file in the
Township offices.
(9)
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 WCF and once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The 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.
(10)
Bond. Prior to the issuance of a permit, the owner of a nontower
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$25,000 to assure the faithful performance of the terms and conditions
of this section. 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 section, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township and maintain the bond for the life of the respective
facility.
(11)
Design regulations.
(a)
Nontower WCFs shall employ architectural design utilizing compatible
colors, materials and styles 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)
Nontower WCFs which are mounted to a building or similar structure
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a variance.
(c)
All nontower WCF applicants must submit documentation to the
Township justifying the total height of the nontower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(12)
Standard of care. Any 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, National Electrical Code, and Uniform Construction Code (UCC).
Any WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(13)
Wind. Any nontower WCF structures 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 (ANSI/EIA/TIA-222, as amended).
(14)
Public safety communications. No nontower WCF shall interfere
with public safety communications, or the reception of broadband,
television, radio, or other communication services enjoyed by occupants
of nearby properties.
(15)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(16)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection by Township. The Township reserves the right to inspect
any WCF to ensure compliance with the provisions of this section 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 WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(18)
Maintenance. The following maintenance requirements shall apply:
(a)
The nontower 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 the best available
technology for preventing failures and accidents.
(19)
Upgrade, replacement, modification.
(a)
The removal and replacement of nontower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the WCF is permitted, without obtaining a municipal building or zoning
permit, so long as such upgrade, replacement, modification, or repair
does not increase the overall size of the WCF or the numbers of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(20)
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 WCFs 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.
E.
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
Location and development standards.
(a)
Small WCFs are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this section, § 220-206 and generally applicable permitting as required by the Township Code.
(b)
Eligible facilities request. Small WCF applicants proposing
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure shall be required
only to obtain a building permit from the Township Building Code Official,
if required by the PA Uniform Construction Code,[7] and validate qualification as an eligible facility with
the Zoning Officer. In order to be considered for such permit, the
small WCF applicant must submit a building permit application to the
Township in accordance with applicable permit policies and procedures.
[7]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
(c)
Small WCFs located within underground developments shall be
co-located on existing or replacement wireless support structures.
No new wireless support structure may be installed for the purpose
of supporting a small WCF within areas of underground utilities.
(d)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located directly in front
of any building entrance or exit.
(2)
Nonconforming wireless support structures. Small WCFs shall
be permitted to co-locate upon nonconforming tower-based WCFs and
other nonconforming structures. Co-location of WCFs upon existing
tower-based WCFs is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
(3)
Application fees. The Township may assess appropriate and reasonable
application fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a WCF, as
well as related inspection, monitoring, and related costs, subject
to the limitations in this section.
(4)
Standard of care. Any small WCF shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the Pennsylvania UCC, or to the industry
standard applicable to the structure. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(5)
Wind and ice. All small WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure.
(6)
Radio frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(7)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all small WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
(8)
Accessory equipment. Small WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Township.
(9)
Graffiti. Any graffiti on the wireless support structure or
on any accessory equipment shall be removed at the sole expense of
the owner within 10 days of notification by the Township.
(10)
Design standards. All small WCFs in the Township shall comply
with the requirements of the Township small wireless communications
facility Design Manual, a copy of which is attached hereto as Exhibit
A.[9]
[9]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(11)
Co-location. An application for a new small WCF in the ROW shall
not be approved unless the Township finds that the proposed wireless
communications equipment cannot be accommodated on an existing structure,
such as a utility pole or traffic light pole. Any application for
approval of a small WCF shall include a comprehensive inventory of
all existing towers and other suitable structures within a quarter-mile
radius from the point of the proposed wireless support structure,
unless the applicant can show to the satisfaction of the Township
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
(12)
Timing of approval.
(a)
Within 60 days of receipt of an application for co-location
of a small WCF on a preexisting wireless support structure, the Township
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant, in writing, of such
decision.
(b)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new wireless support structure, the
Township Zoning Officer shall make a final decision on whether to
approve the application and shall notify the WCF applicant, in writing,
of such decision.
(c)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Township Zoning Officer, the Township
shall notify the WCF applicant, in writing, of any information that
may be required to complete such application.
(13)
Relocation or removal of facilities. Within 90 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 small 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 determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(b)
The operations of the Township or other governmental entity
in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
(14)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small 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 small 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. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
F.
Violations applicable to all wireless facilities.
(1)
Penalties. Any person violating any provision of this section
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 section 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 section.
(2)
Determination of violation. In the event a determination is
made that a person has violated any provision of this section, such
person shall be provided written notice of the determination and the
reasons therefor. Except in the case of an emergency, the person shall
have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
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 section and/or federal and/or Pennsylvania law
and regulations.
G.
Insurance and indemnification of wireless facilities.
(1)
Insurance. Each person that owns or operates a wireless facility
is required to purchase and maintain general liability insurance and
property damage insurance, as specified herein:
(a)
Each person that owns or operates a tower-based WCF shall provide
the Board 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.
(b)
Each person that owns or operates a nontower WCF shall annually
provide the Board 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.
(c)
Each person that owns or operates a small WCF shall annually
provide the Board 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 small WCF.
(2)
Indemnification. Each person that owns or operates a tower-based
WCF, a nontower WCF, or a small 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 WCF. Each person
that owns or operates a tower-based WCF, a nontower WCF, or a small
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 the 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.
H.
Miscellaneous.
(1)
Police powers. The Township, by granting any permit or taking
any other action pursuant to this section, does not waive, reduce,
lessen, or impair the lawful police powers vested in the Township
under applicable federal, state, and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause,
phrase, or word of this section is for any reason held illegal or
invalid by any court of competent jurisdiction, such provision shall
be deemed a separate, distinct, and independent provision, and such
holding shall not render the remainder of this section invalid.
(3)
Effective date. This section shall become effective immediately
upon enactment by the Board of Commissioners of Lower Allen Township.
[1]
Editor's Note: This ordinance also set forth that 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 federal, state and
local laws and regulations.
