[Ord. No. 762, 5/7/2020]
[Ord. No. 762, 5/7/2020]
Municipal uses: for Warminster Township, includes the Township
building, police station, Licenses and Inspections office, park and
recreation facilities, any buildings owned or operated by the municipal
authority, or county buildings.
[Ord. No. 762, 5/7/2020]
Railway/transportation station: a terminal limited to a railroad
station or bus station providing passenger transportation services
to the general public.
[Ord. No. 762, 5/7/2020]
1.
Public or private parking garage: a parking garage as a principal
use or as an accessory use designed to meet parking requirements for
a principal use, subject to the following additional provisions:
A.
Such area will be for the parking of cars of employees, customers,
or guests of establishments in the zoning district where the parking
garage is proposed.
B.
No sales or service operations shall be conducted within the garage.
C.
Parking space size, aisle widths, ramp configuration, and other design standards as required by Chapter 22, Subdivision and Land Development, shall be met.
D.
Maximum height: 35 feet, unless otherwise provided by conditional
use in exchange for reducing overall site impervious surface by at
least 20%.
E.
The parking garage shall make provisions for the bicycle racks and
motor scooters, which shall be included in areas protected from precipitation.
F.
A parking garage shall include stations for recharging electric vehicles
at 5% of the parking spaces.
G.
A parking garage shall meet the setback requirements for the district
in which it is located.
[Ord. No. 762, 5/7/2020]
1.
General requirements for all tower-based wireless communications
facilities. 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, 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. The owner of the tower-based WCF
shall perform a minimum of one on-site inspection of the tower-based
WCF each year. The on-site inspection shall include a climb of the
tower-based WCF. A written report, prepared by a professional engineer,
detailing the results of the on-site inspection, including the climbing
inspection, shall be submitted to the Township within 30 days of the
inspection. In the event the inspection reveals any issues with the
structural integrity of the WCF, the owner of the WCF shall, within
60 days, take any and all steps to repair the facility and submit
a further report to the Township indicating the nature of the repairs
made. The report shall include a certification of structural integrity
by a professional engineer. Failure to make the necessary repairs
and submit a certification of structural integrity within 60 days
of the original inspection shall result in the revocation of the zoning
permit and shall require the prompt removal of the tower-based WCF.
B.
Wind. Any tower-based WCF structure 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 (Standard 222, as amended). Such structures must be designed
to withstand wind gusts of at least 100 miles per hour.
C.
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. The maximum
total height of any tower-based WCF shall not exceed 130 feet, which
height shall include all subsequent additions or alterations. Tower-based
WCFs in the right-of-way shall not exceed 50 feet in height.
D.
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.
E.
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 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.
F.
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.
G.
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or eligible to be so listed,
listed on the official historic structures and/or historic districts
list maintained by the Township, or has been designated by the Township
as being of historic significance.
H.
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.
I.
Lighting. No tower-based WCF shall be artificially lit, 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.
J.
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.
K.
Aviation safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
L.
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 chapter. 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.
M.
Graffiti. Any graffiti or unapproved signs on a tower-based WCF shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti or signs.
N.
Timing of approval. Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Township, the Township shall
notify the applicant, in writing, of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF and the Township
shall advise the applicant, in writing, of its decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the 150-day review period.
O.
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 chapter.
P.
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:
(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 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.
(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.
Q.
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.
R.
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs
and all other costs of indemnification.
2.
Tower-based facilities outside the rights-of-way.
A.
The following regulations shall apply to tower-based wireless communications
facilities located outside the rights-of-way:
(1)
Development regulations:
(a)
Location. No tower-based WCF shall be located in an area in
which utilities are undergrounded.
1)
The following regulations shall apply to tower-based WCFs greater
than 50 feet in height:
a)
Such tower-based WCFs shall be permitted by right
only within the 240 acre tract of land owned by the Township and located
along Bristol and Hatboro Roads.
b)
Tower-based WCFs greater
than 50 feet in height and not within the physical boundaries established
in Subsection 2A(1)(a)(1)(a) of this section shall be permitted by
conditional use only in the following zoning districts:
c)
No tower-based WCF greater than 50 feet shall be
located within 130 feet of the ultimate right-of-way of any public
road, street, or highway.
2)
The following regulations shall apply to tower-based WCFs 50
feet or shorter in height:
(b)
Conditional use requirements. In circumstances when an applicant
must apply for a conditional use permit, applicant shall present testimony
and evidence to the Board of Supervisors in support of the following
requirements:
1)
The applicant shall present documentation that the facility
is designed in accordance with all the standards cited in this chapter
for wireless telecommunications facilities.
2)
The applicant shall demonstrate that the antenna/tower/pole
for the WCF is the minimum height necessary for the service area.
3)
The applicant shall demonstrate that the proposed WCF complies
with all state and federal laws and regulations concerning aviation
safety.
4)
The need for additional bufferyard treatments shall be evaluated.
5)
The applicant shall demonstrate that the WCF must be located
where it is proposed in order to serve the applicant's service
area and that no other viable alternative location exists.
6)
Where the WCF is located on a property with another principal
use, the applicant shall present documentation that the owner of the
property has granted an easement for the proposed facility and that
vehicular access is provided to the facility.
(c)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage 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 Township's decision
on an application for approval of tower-based WCFs.
(d)
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.
(e)
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 and accompanying equipment
building shall comply with the requirements for the applicable zoning
district.
(2)
Notice. Upon receipt of an application for a tower-based WCF,
the applicant shall mail notice thereof to the owner or owners of
every property zoned residential on the same street within 1,000 linear
feet of the site of the proposed facility and of every property zoned
residential not on the same street within 500 feet of the proposed
facility. The applicant shall provide the Township with proof of compliance
with this notice requirement.
(3)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(4)
Design regulations:
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character 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.
(5)
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 Section 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.
(6)
Fence/screen:
(a)
A security fence having a height of eight feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(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.
(7)
Accessory equipment:
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(8)
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 economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(9)
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.
(10)
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 $100,000 to assure the faithful performance of the terms
and conditions of this chapter. The bond shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Township.
(11)
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.
(12)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this chapter and any
other provisions found within the 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.
3.
Tower-based facilities in the rights-of-way.
A.
The following regulations shall apply to tower-based wireless communications
facilities located in the rights-of-way:
(1)
Location.
(a)
No tower-based WCF shall be located in an area in which utilities
are undergrounded.
(c)
Any application proposing the construction of a tower-based WCF in the public rights-of-way, not within the physical boundaries established in Subsection 3A(1)(b) of this section, shall be treated as a conditional use application.
(d)
No tower-based WCF in the public rights-of-way shall be greater
than 50 feet in height.
(2)
Conditional use requirements. In circumstances when an applicant
must apply for a conditional use permit, applicant shall present testimony
and evidence to the Board of Supervisors in support of the following
requirements:
(a)
The applicant shall present documentation that the facility
is designed in accordance with all the standards cited in this chapter
for wireless telecommunications facilities.
(b)
The applicant shall demonstrate that the antenna/tower/pole
for the WCF is the minimum height necessary for the service area.
(c)
The applicant shall demonstrate that the proposed WCF complies
with all state and federal laws and regulations concerning aviation
safety.
(d)
The need for additional bufferyard treatments shall be evaluated.
(e)
The applicant shall demonstrate that the WCF must be located
where it is proposed in order to serve the applicant's service
area and that no other viable alternative location exists.
(f)
Where the WCF is located on a property with another principal
use, the applicant shall present documentation that the owner of the
property has granted an easement for the proposed facility and that
vehicular access is provided to the facility.
(3)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage 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 Township's decision
on an application for approval of tower-based WCFs in the ROW.
(4)
Notice. Upon receipt of an application for a tower-based WCF,
the applicant shall mail notice thereof to the owner or owners of
every property zoned residential on the same street within 1,000 linear
feet of the site of the proposed facility and of every property zoned
residential not on the same street within 500 feet of the proposed
facility.
(5)
Co-location. An application for a new tower-based 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 tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(6)
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.
(7)
Equipment location. Tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb;
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(8)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(b)
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 130 feet. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character 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.
(9)
Visual or land use impact. The Township reserves the right to
deny the construction or placement of any tower-based WCF in the ROW
based upon visual and/or land use impact.
(10)
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, 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 economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
(11)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCF in the 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;
or
(d)
An emergency as determined by the Township.
(12)
Compensation for ROW use. In addition to permit fees as described in Subsection 1Q above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
(13)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in 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 $100,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
4.
General requirements for all non-tower wireless communications facilities.
A.
The following regulations shall apply to all non-tower wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached:
(1)
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(3)
Wind. Any non-tower 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/TIA, Section 222, as amended).
(4)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(6)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, 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)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within 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.
(8)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant, in writing, of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant, in writing, of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's ninety-day review period.
(9)
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 non-tower
WCF or $1,000, whichever is less.
(10)
Indemnification. Each person that owns or operates a non-tower
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 non-tower WCF. Each person that owns or operates
a non-tower 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 non-tower 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.
B.
The following regulations shall apply to all non-tower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1)
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(3)
Wind. Any non-tower 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/TIA Section 222, as amended). Such structures shall
be able to withstand wind gusts of up to 100 miles per hour.
(4)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Historic buildings. No non-tower-based WCF may be located on
a building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or eligible to be so listed, listed,
or on the official historic structures and/or historic districts list
maintained by the Township, or has been designated by the Township
as being of historic significance.
(6)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(7)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(8)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(9)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within 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.
(10)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant, in writing, of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(11)
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 chapter. 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.
(12)
Bond. Prior to the issuance of a permit, the owner of a non-tower
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$25,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
(13)
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 non-tower
WCF, as well as related inspection, monitoring and related costs.
5.
Non-tower wireless facilities outside the rights-of-way.
A.
The following additional regulations shall apply to non-tower wireless
communications facilities located outside the rights-of-way that substantially
change the wireless support structure to which they are attached:
(1)
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or tower-based
WCFs, subject to the following conditions:
(a)
Such WCF does not exceed a maximum height of 130 feet.
(b)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(c)
An eight-foot high security fence shall surround any separate
communications equipment building. Vehicular access to the communications
equipment building shall not interfere with the parking or vehicular
circulations on the site for the principal use.
(2)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a conditional use permit.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
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.
(3)
Removal, replacement, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the numbers of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(4)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(5)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this chapter and any other
provisions found within the 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.
6.
Non-tower wireless facilities in the rights-of-way.
A.
The following additional regulations shall apply to all non-tower
wireless communications facilities located in the rights-of-way:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles.
(2)
Design requirements:
(a)
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
Compensation for ROW use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW
management costs as applied to such non-tower WCF.
(4)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(5)
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb;
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
(6)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township 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;
or
(d)
An emergency as determined by the Township.
(7)
Visual or land use impact. The Township retains the right to
deny an application for the construction or placement of a non-tower
WCF based upon visual and/or land use impact.
7.
Violations applicable to all wireless facilities.
A.
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.
B.
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.
8.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this chapter, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
[Ord. No. 762, 5/7/2020]
1.
A utility operating facility shall be subject to the following additional
provisions:
A.
Such use shall be limited to a transformer station, pumping station,
electrical substation, telephone substation, water or sewer facility
and any public or private utility, but shall not include telecommunications
uses or facilities.
B.
Such use must be required to serve the Township of Warminster.
C.
Such use shall be required to obtain land use approval pursuant to Chapter 22, Subdivision and Land Development.
D.
Building and zoning permits shall be required for all utilities.
E.
The maximum height of aboveground water storage facilities shall
be determined by the Board of Supervisors in accordance with the need
to protect the community's safety and appearance.
F.
The following minimum setbacks from all property lines shall be provided:
G.
Minimum lot sizes shall be adequate to accommodate the above setbacks,
parking requirements and other building requirements.
H.
All parking spaces and access drives shall be at least five feet
from any side or rear lot line. Two off-street parking spaces or one
space per full-time employee stationed at the facility, whichever
provides the greater number of spaces, shall be provided.
I.
A bufferyard shall be provided along all property lines, which shall
include adequate means for visual screening and which shall meet the
requirements of this chapter.
