[Added 10-19-2022 by Ord.
No. 449]
This article shall be known as the "West Deer Township Wireless
Communications Facilities Ordinance."
A.
The purpose of this article is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in West Deer Township. While the municipality recognizes
the importance of wireless communications facilities in providing
high quality communications service to its residents and businesses,
the municipality 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.
B.
By enacting this article, the municipality intends to:
(1)
Regulate the placement, construction and modification of wireless
communication facilities to protect the safety and welfare of the
public;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of the public and wireless telecommunications
operators in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower based, and small
wireless communications facilities in the municipality, including
facilities both inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, and other
wireless communications facilities;
(5)
Encourage the co-location of wireless communications facilities
on existing wireless support structures rather than the construction
of new wireless support structures;
(6)
Protect the public 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;
(7)
Ensure that wireless communications facilities will be removed
in the event that such wireless communications facilities are abandoned
or become obsolete and are no longer necessary; and
(8)
Update the municipality's Wireless Communications Facilities
Ordinance to incorporate changes in federal and state laws and regulations.
A.
The following laws shall apply to all tower-based wireless communications
facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF shall submit plans to the West Deer Township Building Inspector and Code Enforcement Officer for review by the Planning Commission and for approval by the Board of Supervisors in accordance with the requirements of Part II, Chapter 210, Article XXIII, § 210-117, et seq., Conditional Use.
(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.
(2)
Development requirements. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
(a)
Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Board of Supervisors may grant conditional use in accordance with the procedures and requirements of Part II, Chapter 210, Article XXIII, § 210-117 et seq., Conditional Use.
[1]
Siting. Tower-based WCF shall only be permitted in the following
districts by conditional use, subject to the requirements and prohibitions
of this article:
[a]
R Rural Estate District;
[b]
R-1 Rural Residential District;
[c]
R-2 Semi-Suburban Residential District;
[d]
R-3 Suburban Residential District;
[e]
R-4 Urban Residential District;
[f]
C-1 Neighborhood Commercial District;
[g]
C-2 Highway Commercial District;
[h]
I Industrial District;
[i]
SU Special Use District; and
[j]
BTP Business and Technology Park Overlay.
[2]
Coverage or capacity. An applicant for a tower-based WCF must
demonstrate that a gap in wireless coverage or 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 or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the municipality's decision on an application
for approval of tower-based WCFs.
[3]
Co-location. An applicant for a tower-based WCF must demonstrate
there is not suitable space on existing wireless service facilities
or other wireless service facility sites or on another sufficiently
tall structure where the intended wireless service facility can be
accommodated and function as required by its construction permit or
license without unreasonable modification.
[4]
Site plan. An applicant for a tower-based WCF must submit a
full site plan to the West Deer Township Building Inspector and Code
Enforcement Officer which shall include, but shall not be limited
to, the following documentation and materials:
[a]
Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property; written authorization from the property owner consenting to the making of the application to the Township for conditional use; written acknowledgment from the property owner of being bound by § 210-138 et seq., the conditions of any site plan approval authorized by the Township, and all other requirements of the West Deer Township Code of Ordinances.
[b]
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed support structures; scaled
elevation view; access road(s) location and surface material; parking
area; fences; power source(s); location and content of (any or warning)
signs; exterior lighting specifications; landscaping plan; land elevation
contours; existing land uses surrounding the site; proposed transmission
building and/or other accessory uses with details; elevations; and
proposed use(s).
[c]
A written report that includes, but is not limited
to, the following documentation and materials: information describing
the tower height and design; a cross-section of the tower; engineering
specifications detailing construction of the tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including,
but not limited to, the number and type of antennas that it can accommodate;
radio frequency coverage including, but not limited to, scatter plot
analysis and the input parameters for the scatter plot analysis. All
tower structure information shall be certified by a registered professional
engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and
all wireless telecommunications data shall be certified by an appropriate
wireless telecommunications professional.
[d]
A written report, titled "Cost of Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and all related facilities.
[e]
All other uses ancillary to the tower-based WCF
and associated equipment (including, but not limited to, a business
office, maintenance depot, or vehicle storage) are prohibited from
the tower-based WCF site unless otherwise permitted in the zoning
district in which the tower-based WCF site is located.
[f]
Where the tower-based WCF is located on a property
with another principal use, the applicant has prove that the owner
of the property has granted an easement for the proposed facility
and that vehicular access is provided to the facility.
[g]
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within West Deer Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or conditional use permits under § 210-138 et seq., or other organizations seeking to locate wireless communication facilities within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[h]
An evaluation of the need for additional buffer
yard treatments.
[i]
Other information deemed to be necessary by the
municipality to assess compliance with this section, or any other
requirement under the West Deer Township Code of Ordinances, state
law, or federal law or regulation.
(b)
Underground district. A tower-based WCF shall not be located
in, or within 300 feet of, an area in which utilities are required
to be located underground.
(c)
Prohibited in open space and conserved lands. Tower-based WCFs
shall not be located within an open space or conserved land.
(d)
Prohibited in environmentally sensitive areas. No tower-based
WCF shall be located in, or within 500 feet of, the habitat of a threatened
or endangered animal species.
(e)
Sole use on a lot. A tower-based WCF may be 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.
(f)
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 residential, industrial, commercial, institutional or
municipal use, subject to the following conditions:
[1]
Existing use. The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
wireless 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.
(g)
Minimum setbacks for towers. If a new tower is constructed (as
opposed to mounting the antenna on an existing tower or wireless support
structure), the minimum distance between the tower and any property
line or public right-of-way line shall be equal to the height of the
tower plus the distance of the corresponding minimum yard setback
(front, side and rear) for the zoning district in which the lot is
located and any other additional requirements for that zoning district.
Guy wires and accessory facilities must also satisfy the minimum zoning
district setback requirements.
(h)
Minimum setbacks for accessory structures. All tower-based WCF installations shall comply with the accessory structure setback requirements in Part II, Chapter 210, Zoning, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.
(i)
Separation. A tower-based WCF with a height greater than 90
feet shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
(3)
Timing of determination. All applications for tower-based WCFs
shall be acted upon within 150 days following the receipt of both:
1) a fully completed application for the approval of such tower-based
WCF; and 2) a fully paid, nonrefundable application fee in an amount
specified by the Master Fee Schedule. If the municipality receives
an application for a tower-based WCF and such application is not fully
completed, then the municipality 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 municipality. Unpaid applications are incomplete
and not duly filed with the Township.
(4)
Notice. No later than 30 days following the submission of a
fully completed application for a tower-based WCF and the scheduling
of the public hearing (if required), the applicant shall mail notice
to all owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the municipality within 15 days
of completion of notification. If a public hearing is required, notice
of any hearing before the Board of Supervisors shall be published
in a newspaper circulating within West Deer Township at least 10 days
prior to the date of said hearing; any mailing of notices that may
be required by the Board of Supervisors shall be completed at least
10 days before such hearing and the proof of mailing shall be provided
to the municipality at least five days before such hearing. The preparation
and cost of publication and mailing of any notice required for such
hearing shall be at the cost and expense of the applicant. Proof of
mailing to all required property owners shall be demonstrated by providing
the municipality with a certificate or proof of mailing (United States
Postal Service Form 3817 or 3877).
(5)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved
unless the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or wireless support structure.
(b)
Any applicant proposing construction of a new tower-based WCF
outside the public rights-of-way shall demonstrate to the satisfaction
of the municipality, by written submission, that a good faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing structure or wireless support structure. The Township
may deny any application to construct a new tower if the applicant
has not made a good faith effort to co-locate the antenna on an existing
tower, structure, or other wireless support structure. A good faith
effort shall require that all owners of potentially suitable towers,
structures, or wireless support 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 West Deer Township Building
Inspector and Code Enforcement Officer 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; and/or
[4]
A commercially reasonable agreement cannot be reached with the
owner(s) of such structure.
(6)
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 communications Infrastructure
Constractors Association (formerly, 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 or safety
of any person or damage any property in the municipality.
(7)
Wind and ice. All tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standards
promulgated 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). All tower-based WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
(8)
Height. Any tower-based WCF shall be designed and constructed
at the minimum functional height. All tower-based WCF applicants must
submit documentation to the municipality justifying the total height
of the structure. In no case shall a tower-based WCF exceed a maximum
height of 150 feet.
(9)
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.
(10)
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 public.
(c)
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
(d)
The municipality reserves the authority to require the cleaning,
repainting, or repair of a tower-based WCF, including, but not limited
to, the tower, accessory equipment, and any other area where the exterior
surface or appearance of such facility is not regularly or properly
maintained, cleaned, repainted, or repaired.
(e)
Tower-based WCF operators bear sole financial responsibility
for all maintenance or emergency repair costs.
(11)
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. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Township
Manager on an annual basis, or within 30 days following a written
request by the Township. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any tower-based WCF that: 1) fails to timely
submit proof of compliance; or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(12)
Historic buildings and districts. No tower-based WCF may be
located in or within 100 feet of any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark.
(13)
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. No other signage or display is permitted.
(14)
Lighting. Tower-based WCF 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 to the Township a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(15)
Emergency power supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on
site and equipped with sufficient power reserves to supply continuous
electric power to operate the tower-based WCF and its antennae for
a period of 10 days. The secondary source of electric power shall
not be used, except in emergency situations involving the loss of
the primary power source. The WCF operator may activate the electric
generator on weekdays, between 9:00 a.m. and 5:00 p.m., excluding
federal holidays, to test the secondary power source or to perform
routine maintenance on the electric generator, provided that the WCF
operator deliver written notice to the Township Manager at least five
business days prior to such electric generator testing or electric
generator maintenance.
(16)
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 West Deer Township Code of Ordinances, except as provided with respect to the use of an electrical generator in § 210-141A(15), where such noise standards may be exceeded on a temporary basis only.
(17)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(18)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
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's
Building Inspector and Code Enforcement Officer following the inspection.
Any repairs advised by the report shall be effected by the owner no
later than 60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the tower-based WCF structure shall again be inspected in accordance
with the parameters and requirements described herein.
(19)
Retention of consultants and 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 article. The applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) and/or expert(s) in providing
expert evaluation and consultation in connection with these activities.
(20)
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 article.
(21)
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 Manager, at least 90 days in advance of the discontinuance
date, of its intent to discontinue use and the date when the use shall
be discontinued.
(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 municipality.
(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 municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF. Any cost to the municipality
for such removal which is not paid under the owner's bond shall
constitute a lien on the tax lot on which the tower-based WCF is situated
and shall be collected in the same manner as a municipal tax on real
property.
(c)
Any unused portions of tower-based WCFs, including, but not
limited to, antennas, shall be removed within six months of the time
of cessation of operations. The municipality must approve all replacements
of portions of a tower-based WCF previously removed.
(22)
Public rights-of-way. No tower-based wireless communications
facility shall be located, in whole or in part, within the public
rights-of-way.
(23)
Eligible facilities request.
(a)
Applicants proposing a modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
wireless support structure shall be required only to obtain a building
permit from the municipality.
(b)
In order to be considered for such permit, the tower-based WCF
applicant must submit a building permit application to the municipality
in accordance with the West Deer Township Code of Ordinances.
(24)
Design regulations:
(a)
Any height extensions to an existing tower-based WCF shall require
prior approval of the municipality. The municipality 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
municipality.
(b)
The tower-based WCF shall employ the most current and effective
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 municipality.
(c)
Any proposed tower-based WCF shall be designed and constructed
in all respects, including, but not limited to, structurally and electronically,
to accommodate both the tower-based WCF applicant's antennae
and comparable antennae for future users.
(d)
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(25)
Surrounding environs:
(a)
The tower-based WCF operator shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
(b)
The tower-based WCF applicant shall include in its site plan submission pursuant to § 210-141A(2)(a)[4] a soil report to the municipality 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.
(26)
Fence/screen:
(a)
A security fence having a height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). 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)
Existing mature tree growth, vegetation, and natural land forms
on and around the site shall be preserved to the maximum extent possible.
In some cases, such as tower-based WCF sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
(27)
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 and constructed to blend into the environment in which they
are situated and shall meet the minimum setback requirements of the
underlying zoning district.
(28)
Additional antennae. As a condition of approval for all tower-based
WCFs, the applicant shall provide the municipality with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the municipality.
(29)
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 municipality 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 improved
to a width of at least 10 feet with a dust-free, all-weather surface
throughout its entire length.
(30)
Bond. Prior to the issuance of a conditional use permit, a tower-based
WCF applicant 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. The bond shall
provide that the municipality may recover from the principal and surety
any and all compensatory damages incurred by the municipality for
violations of this article, including, but not limited to, legal fees
and expenses in enforcing the law, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
tower-based WCF shall maintain a bond in the following amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this article.
(b)
An amount determined by the Town Board based on engineering
estimates, to cover the cost of removing and disposing of the antenna,
tower, and related facilities. The Township Board of Supervisors may
consider, but shall not be required to rely upon, applicant's
written report, titled "Cost of Wireless Facilities removal" certified
by a registered professional engineer (P.E.) licensed by the Commonwealth
of Pennsylvania.
(c)
From time to time, but no more frequently than once during any
five-year period, the Township Board of Supervisors, at its sole discretion,
may adjust the amount of the bond and require the submission of a
new or modified bond based on engineering estimates of the cost of
the removal and disposal of the tower, antenna, and associated facilities.
The wireless communications facility operator may submit a written
report, titled "Adjusted Cost of Tower-Based Wireless Facilities Removal"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania and containing engineering estimates
of the cost of the removal and disposal of the tower, antenna, and
associated facilities to the Township Board of Supervisors. The Township
Board of Supervisors may consider, but shall not be required to rely
upon, operator's written report in determining the adjusted bond
amounts.
(31)
Visual or land use impact. The municipality 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.
(32)
Graffiti. Any graffiti on the tower-based WCF, including, but
not limited to, 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 municipality.
(33)
Inspection by municipality. The municipality reserves the right
to inspect any tower-based WCF to ensure compliance with the provisions
of this article and any other provisions of the West Deer Township
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property upon
which a tower-based WCF is located at any time, upon reasonable notice
to the operator, to ensure such compliance.
A.
The following laws shall apply to all non-tower wireless communications
facilities:
(1)
Procedures.
(a)
Any applicant proposing a non-tower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings to the West Deer Township Building Inspector and Code Enforcement
Officer indicating how the non-tower WCF will be mounted on the structure,
for review by the West Deer Township Planning Commission and for approval
by the Township Board of Supervisors, as a conditional use, subject
to the restrictions and conditions prescribed herein and subject to
the prior written approval of the municipality.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a non-tower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Development requirements. Non-tower wireless communications
facilities shall be co-located on existing structures, such as existing
buildings or wireless support structures, subject to the following
conditions:
(a)
Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts by right and in other zoning districts as a conditional use upon review by the West Deer Township Planning Commission and approval by the West Deer Township Board of Supervisors, in accordance with the procedures and requirements of Part II, Chapter 210, Article XXIII, § 210-117 et seq., Conditional Use.
[1]
Siting by right. Non-tower WCF are permitted in the following
zoning districts by right, subject to the requirements and prohibitions
of this article:
[2]
Siting by conditional use. Non-tower WCF are permitted in the
following zoning districts by conditional use, subject to the requirements
and prohibitions of this article:
[3]
Height. Any non-tower WCF shall not exceed the maximum height
permitted in the applicable zoning district or 10 feet above the existing
structure the non-tower WCF is to be located upon.
[4]
Equipment building. If the non-tower 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.
[5]
Fencing. A security fence having a 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.
[6]
Residential attachment prohibited. Non-tower WCFs shall not
be located on single-family detached residences, single-family attached
residences, or any accessory residential structure.
(3)
Site plan. An applicant for a non-tower WCF must submit a full
site plan to the West Deer Township Building Inspector and Code Enforcement
Officer which shall include:
(a)
Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the municipality for special permit use. Written acknowledgment from the wireless support structure owner of being bound by § 210-138 et seq., the conditions of any site plan approval authorized by the municipality, and all other requirements of the West Deer Township Code of Ordinances.
(b)
A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennae; existing or proposed
electrical power source; and scaled elevation view.
(c)
A written report including, but not limited to: information
describing the antenna height and design; a cross-section of the wireless
support structure; engineering specifications detailing attachment
of the antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage
including, but not limited to, scatter plot analysis and the input
parameters for the scatter plot analysis; all wireless support structure
information to be certified by a registered professional engineer
(P.E.) licensed by the Commonwealth of Pennsylvania; and wireless
telecommunications data to be certified by an appropriate wireless
telecommunications professional.
(d)
A written report, titled "Cost of Non-Tower Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of antenna and related facilities.
(e)
An inventory of its existing wireless communications facilities,
including, but not limited to, all tower-based, non-tower, and small
WCF, that are either sited within West Deer Township or within 1/4
mile of the border thereof. Such inventory shall include specific
information about the location, height, design, and use of each wireless
communications facility. The Code Enforcement, Zoning, and Animal
Control Department may share such information with other applicants
applying for site plan approvals or conditional use under this article
or other organizations seeking to locate antennas within the municipality;
provided, however, that the municipality is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(f)
Other information deemed to be necessary by the municipality
to assess compliance with this section, or any other requirement under
the West Deer Township Code of Ordinances, state law, or federal law
or regulation.
(4)
Eligible facilities request.
(a)
Applicants proposing a modification to an existing non-tower
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a building permit from the municipality.
(b)
In order to be considered for such permit, the non-tower WCF
applicant must submit a building permit application to the municipality
in accordance with the West Deer Township Code of Ordinances.
(5)
Visual or land use impact. The municipality 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.
(6)
Historic buildings and districts. No non-tower WCF may be located
on, or within 100 feet of, any historic or preservation district,
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, or is included in the official historic structures
list maintained by the municipality, or so designated as a landmark.
(7)
Prohibited in open space and conserved lands. Non-tower WCFs
shall not be located within an open space or conserved land.
(8)
Timing of determination. All applications for non-tower WCFs
shall be acted upon by the municipality within 90 days following the
receipt of both: 1) a fully completed application for the approval
of such WCF; and 2) a fully paid, nonrefundable application fee in
an amount specified by the Master Fee Schedule. If the municipality
receives an application for a non-tower WCF and such application is
not fully completed, then the municipality shall notify the applicant
in writing within 30 days 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 municipality. Unpaid
applications are incomplete and not duly filed with the Township.
(9)
Retention of consultants and experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the non-tower
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this article. The applicant
and/or owner of the non-tower WCF shall reimburse the municipality
for all reasonable costs of the municipality's consultant(s)
and/or expert(s) in providing expert evaluation and consultation in
connection with these activities.
(10)
Bond. Prior to the issuance of conditional use, 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. The
bond shall provide that the municipality may recover from the principal
and surety any and all compensatory damages incurred by the municipality
for violations of this article, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
non-tower WCF shall maintain a bond in the following amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this article.
(b)
An amount determined by the Township Board of Supervisors based
on engineering estimates, to cover the cost of removing and disposing
of the antenna and related facilities. The Township Board of Supervisors
may consider, but shall not be required to rely upon, applicant's
written report, titled "Cost of Non-Tower Wireless Facilities Removal"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania.
(c)
From time to time, but no more frequently than once during any
five-year period, the Township Board of Supervisors, at its sole discretion,
may adjust the amount of the bond and require the submission of a
new or modified bond based on engineering estimates of the cost of
the removal and disposal of the antenna and associated facilities.
The wireless communications facility operator may submit a written
report, titled "Adjusted Cost of Non-Tower Wireless Facilities Removal"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania and containing engineering estimates
of the cost of the removal and disposal of the antenna and associated
facilities to the Township Board of Supervisors. The Township Board
of Supervisors may consider, but shall not be required to rely upon,
operator's written report in determining the adjusted bond amounts.
(11)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure or wireless support structure in
order to minimize aesthetic impact. The application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the municipality.
(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 non-tower WCF applicant obtains a variance.
(c)
All non-tower WCF applicants must submit documentation to the
municipality justifying the total height of the non-tower support
structure or wireless support structure. Such documentation shall
be analyzed in the context of such justification on an individual
basis.
(d)
Antennae, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(12)
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 or safety of any person or damage any property in
the municipality.
(13)
Wind and ice. All non-tower WCF structures shall be designed
and constructed 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). All non-tower WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
(14)
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.
(15)
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. The owner
or operator of such non-tower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Township
Manager on an annual basis, or within 30 days following a written
request by the Township. A non-tower WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any non-tower WCF that: 1) fails to timely
submit proof of compliance; or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(16)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the non-tower
WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of non-tower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Township's Building Inspector and Code
Enforcement Officer following the inspection. Any repairs advised
by the report shall be effected by the owner no later than 60 calendar
days after the report is filed with the municipality. No later than
30 calendar days upon completion of aforesaid repairs, the non-tower
WCF shall again be inspected in accordance with the parameters and
requirements described herein.
(18)
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 municipality's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a non-tower WCF, including, but not limited
to, the antennae, accessory equipment, and any other area where the
exterior surface or appearance of such facility is not regularly or
properly maintained, cleaned, repainted, or repaired.
(e)
Non-tower WCF operators bear sole financial responsibility for
all maintenance or emergency repair costs.
(19)
Upgrade, replacement, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the non-tower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
non-tower WCF or the number of antennae.
(b)
Any material modification to a non-tower WCF shall require a
prior amendment to the original permit or authorization.
(20)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the municipality 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 non-tower 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 municipality.
(b)
If the non-tower 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 municipality, the WCF and/or related
facilities and equipment may be removed by the municipality and the
cost of removal assessed against the owner of the WCF. Any cost to
the municipality for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the non-tower
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
(21)
Graffiti. Any graffiti on the non-tower WCF, including, but
not limited to, the antennae, the wireless support structure, or on
any communications equipment or accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the municipality.
(22)
Public rights-of-way. No non-tower WCF shall be located, in
whole or in part, within the public rights-of-way.
(23)
Signs. All non-tower 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. No other signage or display is permitted.
(24)
Lighting. Non-tower WCF shall not be artificially lighted, except
as required by law. 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.
(25)
Emergency power supplies. Where practicable, non-tower WCF shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the non-tower
WCF and its antennae for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Township Manager
at least five business days prior to such electric generator testing
or electric generator maintenance.
(26)
Noise. Non-tower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the West Deer Township Code of Ordinances, except in
emergency situations requiring the use of an electrical generator,
where such noise standards may be exceeded on a temporary basis only.
(27)
Inspection by municipality. The municipality reserves the right
to inspect any non-tower WCF to ensure compliance with the provisions
of this article and any other provisions found within the West Deer
Township Code of Ordinances or state or federal law or regulation.
The municipality and/or its agents shall have the authority to enter
the property upon which a non-tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
A.
The following laws shall apply to small wireless communications facilities:
(1)
Development requirements.
(a)
Small WCF are permitted by approval from the Township's
Building Inspector and Code Enforcement Officer in all zoning districts,
subject to the requirements of this section and generally applicable
permitting as required by the West Deer Township Code of Ordinances.
(b)
Small WCF located within districts that require utilities to
be located underground 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 districts,
or subportions thereof, that require utilities to be located underground.
(c)
Small WCF 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.
(d)
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all applicable streets
and sidewalks requirements in the West Deer Township Code of Ordinances.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
to the Township's Building Inspector and Code Enforcement Officer
for site plan review and administrative determination.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
(3)
Timing of determination. All applications for small WCFs shall
be acted upon by the municipality within a specific number of days
following the receipt of both: 1) a fully completed application for
the approval of such small WCF; and 2) a fully paid, nonrefundable
application fee in an amount specified by the Master Fee Schedule.
Unpaid applications are incomplete and not duly filed with the Township.
The timing of determination for small WCF applicants shall be as follows:
(a)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Township's Building Inspector and
Code Enforcement Officer, the municipality shall notify the WCF applicant
in writing if an application is incomplete and shall advise the WCF
applicant of any information that may be required to complete such
application.
(b)
Within 60 days of receipt of a completed application for Co-location
of a small WCF on a preexisting wireless support structure, the Township's
Building Inspector and Code Enforcement Officer shall make a final
decision on whether to approve or deny the application and shall notify
the WCF applicant in writing of such decision.
(c)
Within 90 days of receipt of a completed application for a small
WCF requiring the installation of a new wireless support structure,
the Township's Building Inspector and Code Enforcement Officer
shall make a final decision on whether to approve the application
and shall notify the WCF applicant in writing of such decision.
(4)
Basis of denial of application. The Township retains the authority
to deny an application to construct, place, modify, or operate a small
WCF in the public rights-of-way if any of the following apply:
(a)
The small WCF materially interferes with the safe operation
of traffic control equipment, sight lines or clear zones for transportation
or pedestrians or compliance with the Americans with Disabilities
Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal
or state standards regarding pedestrian access or movement.
(b)
The small WCF fails to comply with the West Deer Township Code
of Ordinances, or any other applicable codes.
(d)
The small WCF fails to comply with the requirements specified
under federal law and FCC regulation.
(e)
The applicant fails to submit a written report by a Pennsylvania-licensed
and registered professional engineer (P.E.), who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs,
demonstrating that the small WCF in the public rights-of-way will
comply with all applicable FCC regulations.
(5)
Documentation of denial in writing. Within the applicable shot
clock time frames established by this article, the municipality shall
document the basis for an application denial, in writing, including,
but not limited to, the specific provisions of applicable codes on
which the denial was based, and shall send the documentation to the
applicant within five business days following the denial of an application
to construct, place, modify or operate a small WCF in the public rights-of-way.
(6)
Opportunity to cure. Following the determination to deny an
application to construct, place, modify or operate a small WCF in
the public rights-of-way, the applicant may cure the deficiencies
identified by the Township and resubmit the application to construct,
place, modify or operate a small WCF in the public rights-of-way within
30 days following receipt of the Township's written basis for
the denial. Upon eligible resubmission, the applicant shall not pay
any additional application fees.
(7)
Municipal review upon eligible resubmission. The Township shall
approve or deny the revised application to construct, place, modify
or operate a small WCF in the public rights-of-way within 30 days
following the application being resubmitted for review and determination.
Any subsequent review by the Township shall be limited to the deficiencies
cited in the Township's written denial. If the resubmitted application
addresses or changes other sections of the application that were not
previously denied, the Township's shall automatically be granted
an additional 15 days on the shot clock time frame to review the resubmitted
application and may charge an additional fee for the review. No applicant
shall make more than one resubmission per initial denial of an application
to construct, place, modify or operate a small WCF in the public rights-of-way.
(8)
Eligible facilities request.
(a)
Small WCF operators proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be required
only to obtain a building permit from the municipality.
(b)
In order to be considered for such permit, the small WCF operator
must submit a building permit application to the municipality in accordance
with the West Deer Township Code of Ordinances.
(c)
The timing of determination for small WCF operators proposing
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
[1]
Within 30 calendar days of the date that an application for
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Township's Building Inspector and
Code Enforcement Officer, the municipality shall notify the applicant
in writing if the application is incomplete and shall advise of any
information that may be required to complete such application.
[2]
An application for a modification to an existing small WCF that
does not substantially change the dimensions of the underlying structure
or wireless support structure shall be deemed complete when all documents,
information and fees required by the municipality's regulations,
laws and forms pertaining to the location, modification or operation
of wireless communications facilities are submitted by the applicant
to the municipality. In case of incompleteness of the application,
the municipality 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 municipality.
[3]
Within 60 days of receipt of a completed application a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure, the Township's
Building Inspector and Code Enforcement Officer shall make a final
decision on whether to approve or deny the application and shall notify
the WCF applicant in writing of such decision.
(9)
Nonconforming wireless support structures. Small WCF shall be
permitted to co-locate upon nonconforming tower-based WCF and other
nonconforming structures. Co-location of WCF upon existing tower-based
WCF is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(10)
Application fees. The municipality may assess appropriate and
reasonable application fees directly related to the municipality's
actual costs in reviewing and processing the application for approval
of a small WCF, as well as related inspection, monitoring, and related
costs, subject to the limitations in this section, in amounts specified
by the Master Fee Schedule.
(11)
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 Uniform Construction
Code (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 municipality.
(12)
Historic buildings and districts. No small WCF may be located
on, or within 100 feet of, any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark.
(13)
Wind and ice. All small WCF shall be designed and constructed
to withstand the effects of wind 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. All small WCF structures shall
also be designed and constructed to withstand the wind and ice loads
for the place of installation in accordance with the Pennsylvania
Uniform Construction Code.
(14)
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. The owner
or operator of such small WCF shall submit proof of compliance with
any applicable radio frequency emissions standards to the Township
Manager on an annual basis, or within 30 days following a written
request by the Township. A small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any small WCF that: 1) fails to timely submit proof of compliance;
or 2) that is generating radio frequency emissions in excess of the
standards and regulations of the FCC.
(15)
Time, place and manner. The municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(16)
Accessory equipment. Small WCF 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 municipality.
(17)
Graffiti. Any graffiti on the small WCF, including, but not
limited to, the antennae, the structure, the wireless support structure,
or any accessory equipment, shall be removed at the sole expense of
the owner within 10 days of notification by the municipality.
(18)
Maintenance. The following maintenance requirements shall apply:
(a)
Any small 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 public.
(c)
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
(d)
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a small WCF, including, but not limited
to, the antennae, wireless support structure, accessory equipment,
and any other area where the exterior surface or appearance of such
facility is not regularly or properly maintained, cleaned, repainted,
or repaired.
(e)
Small WCF operators bear sole financial responsibility for all
maintenance or emergency repair costs. The financial responsibility
of small WCF operators for maintenance or emergency repair costs is
exclusive and independent from the municipality's costs in managing
and maintaining the public rights-of-way.
(19)
Design standards. All small WCF in the municipality shall comply
with the requirements of the West Deer Township Small Wireless Communications
Facility Design Manual, a copy of which is on file with the municipality.
(20)
Co-location requirement. An application for a small WCF with
a new wireless support structure in the public rights-of-way shall
not be approved unless the municipality finds that the proposed small
WCF cannot be accommodated on an existing structure or wireless support
structure, such as a utility pole. Any application for approval of
a small WCF shall include a comprehensive inventory of all existing
towers and other suitable structures or wireless support structures
within a one-quarter-mile radius from the point of the proposed small
WCF, unless the applicant can show to the satisfaction of the municipality
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower, structure, or other suitable wireless
support structure cannot be utilized.
(21)
Limitation on concurrent co-location applications. Any person
seeking to co-locate a small WCF in the public rights-of-way may submit
a consolidated application for co-location of small WCF, which shall
include no more than 20 concurrent applications to co-locate small
WCF in the public rights-of-way. No person shall submit more than
one consolidated application to co-locate small WCF in the public
rights-of-way, or 20 individual applications to co-locate small WCF
in the public rights-of-way during any thirty-day period of time.
If one consolidated application for co-location of small WCF in the
public rights-of-way, or 20 individual applications to co-locate small
WCF in the public rights-of-way, are received by the Township during
any forty-five-day period of time, then the Township's applicable
shot clocks, as specified in this article, shall be automatically,
and without public notice, extended by a time period of 15 days following
submission of the aforesaid application(s).
(22)
Relocation or removal of facilities. Within 90 days following
written notice from the municipality, or such longer period as the
municipality 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 small WCF when the municipality, 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
municipality or other public improvement in the public rights-of-way;
(b)
The operations of the municipality 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 municipality.
(23)
Retention of consultants or experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the small
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this article. The applicant
and/or owner of the small WCF shall reimburse the municipality for
all reasonable costs of the municipality's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities, provided that such costs are a reasonable approximation
of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.
(24)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the small WCF
shall have said small WCF inspected by a Pennsylvania-licensed and
registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Township's Building Inspector and Code
Enforcement Officer following the inspection. Any repairs advised
by the report shall be effected by the owner no later than 60 calendar
days after the report is filed with the municipality. No later than
30 calendar days upon completion of aforesaid repairs, the small WCF
shall again be inspected in accordance with the parameters and requirements
described herein.
(25)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the municipality'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 municipality'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 municipality. The owner of each small
WCF shall pay an annual fee to the municipality, in an amount specified
by the Master Fee Schedule, to compensate the municipality for the
municipality's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal communications Commission. The municipality reserves
the authority to revoke the permit of any small WCF that fails to
timely remit annual payment of the small WCF ROW use and occupancy
fee to the municipality.
(26)
Inspection by municipality. The municipality reserves the right
to inspect any small WCF to ensure compliance with the provisions
of this article and any other provisions of the West Deer Township
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property or
public rights-of-way upon which a small WCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
A.
Town property. Nothing in this article shall be deemed to create
any offer, right, or entitlement to use municipal property for the
construction or operation of tower-based WCF, non-tower WCF, small
WCF, wireless support structures, or related facilities. Any such
tower-based WCF, non-tower WCF, small WCF, wireless support structure,
or related facility proposed to be sited on property owned, leased,
or otherwise controlled by West Deer Township may be exempt from the
requirements of this article. The Township Board of Supervisors retains
the right to require applicants to obtain site plan approval from
it in accordance with the requirements of this article. No tower-based
WCF, non-tower WCF, small WCF, wireless support structures, or related
facilities may be constructed or installed on municipal property until
a license or lease agreement authorizing such wireless facility has
been approved by the Township Board of Directors.
B.
Penalties. Any person violating any provision of this article 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 article and any other remedy at law or in equity, the municipality
may apply to a 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 article.
C.
Determination of violation. In the event the municipality determines
that a person has violated any provision of this article, 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 municipality
may, in its sole discretion, 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 municipality may take any and all actions authorized by this article
and/or federal and/or Pennsylvania law and regulations.
D.
Revocation of permitted use. Any permit granted under this article
may be revoked by the Township Board of Supervisors after a hearing,
conducted on at least 15 days' written notice to the owner of
the wireless communications facility and any related facilities, and
an opportunity to be heard. If at such hearing the Township Board
of Supervisors determines that substantial evidence exists that the
wireless communications facility and related facilities constitute
a threat to public safety, health, or welfare, or that the conditions
of the permit have been materially violated, the Town Board may revoke
the permit.
E.
Fee payments are nonrefundable. All fees paid to the municipality,
including, but not limited to, application fees and permit fees, are
nonrefundable and will not be returned to the applicant.
A.
Insurance.
(1)
Requirement of insurance. Each person that owns, operates, or
removes a tower-based, non-tower, or small wireless communications
facility shall purchase and maintain, at its sole expense, certain
insurance coverages of specified minimum rating, as listed herein,
and shall provide documentation to the West Deer Township Manager,
upon request, and as provided herein.
(2)
No payment or reimbursement. Each person that owns, operates,
or removes a tower-based, non-tower, or small wireless communications
facility shall be solely responsible for bearing the costs of furnishing
and maintaining all required insurance coverages of specified minimum
rating, as listed herein. The municipality shall not provide direct
payment or reimbursement to persons for the costs of maintaining,
or the costs of furnishing, the required insurance coverages.
(3)
Specified minimum insurance ratings, registration, and additional
endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A VII or Better" from the A.M. Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility shall name West Deer Township as
an additional insured by endorsement on the certificate(s) of insurance.
(4)
Furnishment of certificates prior to commencement. Prior to
the commencement of any construction, operation, or removal, each
person that owns, operates, or removes a tower-based, non-tower, or
small wireless communications facility shall furnish certificates
of insurance to the West Deer Township Manager evidencing coverage
in compliance with the regulations herein. The failure of the Township
to object to the contents of the certificate(s) of insurance or absence
of same shall not be deemed a waiver of any legal rights held by the
Township.
(5)
Revocation of permit. The failure of any person to construct,
operate, or remove a wireless communications facility without complying
with the insurance coverage and administrative requirements herein
shall constitute an emergency. Upon such emergency, the municipality
reserves the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
(6)
Minimum insurance requirements. Each person that owns or operates
a tower-based, non-tower, or small wireless communications facility
shall maintain the following minimum insurance coverages:
(a)
Workers' compensation and employers liability policy, covering
operations in the Commonwealth of Pennsylvania. Where applicable,
U.S. Longshore and Harbor Workers Compensation Act Endorsement and
Maritime Coverage Endorsement shall be attached to the policy. Evidence
must be provided to the West Deer Township Manager. Waiver of subrogation
to be included with documentation provided to the West Deer Township
Manager.
(b)
Commercial general liability policy, with limits of no less
than $1,000,000 each occurrence, per WCF location and $2,000,000 general
aggregate, per WCF location, with limits for bodily injury and property
damage, and shall contain the following coverages and endorsements:
[1]
Premises and operations;
[2]
Products/completed operations;
[3]
Independent contractors;
[4]
Personal and advertising injury;
[5]
Blanket contractual liability;
[6]
Explosion, collapse, underground liability (XCU);
[7]
West Deer Township and their assigns, officers, employees, volunteers,
representatives and agents should be named as an "additional insured"
on the policy using ISO Additional Insured Endorsement CG 20 10 11/85
or an endorsement providing equivalent or broader coverage and shall
apply on a primary and noncontributory basis, including any self-insured
retentions.
[8]
The certificate of insurance should show this applies to the
general liability coverage on the certificate, and additional insured
endorsement shall be attached.
[9]
To the extent permitted by Pennsylvania law, each person that
owns, operates, or removes a tower-based, non-tower, or small wireless
communications facility waives all rights of subrogation or similar
rights against West Deer Township, assigns, officers, employees, volunteers,
representatives and agents.
[10]
Cross liability coverage (commercial general liability
and business automobile liability policies only).
[11]
Coverage must be written on an occurrence policy
form.
[12]
No deductible or self insured retention should
exceed $50,000.
(c)
Comprehensive automobile policy, with limits of no less than
$1,000,000. Bodily injury and property damage liability including,
but not limited to, coverage for owned, any auto non-owned, and hired
private passenger and commercial vehicles. West Deer Township and
their assigns, officers, employees, representatives and agents should
be named as an "additional insured" on the policy. The certificate
of insurance should show this applies to the automobile liability
coverage on the certificate, and additional insured endorsement shall
be attached. To the extent permitted by Pennsylvania law, each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility waives all rights of subrogation
or similar rights against West Deer Township, assigns, officers, employees,
representatives and agents. Coverage must apply on a primary and noncontributory
basis.
(d)
Umbrella liability, with limits of no less than $5,000,000 each
occurrence per WCF location and $5,000,000 general aggregate per WCF
location, including, but not limited to, coverage for general liability,
automobile, workers' compensation. Coverage must be written as
an occurrence policy.
(e)
Professional liability (if applicable), with limits no less
than $1,000,000 per claim. Coverage must be written as an occurrence
policy.
(7)
Increasing the minimum insurance requirements. The minimum insurance
requirements specified herein may be increased at any time upon the
review and determination of the Township's Board of Supervisors.
(8)
Notice prior to cancellation or expiration of insurance. The
certificate(s) of insurance shall provide that 30 days' written
notice prior to cancellation or expiration be given to the West Deer
Township Manager via U.S. postal mail. Insurance policies that lapse
and/or expire during term of work shall be recertified and received
by the West Deer Township Manager no less than 30 days prior to expiration
or cancellation of the respective policy.
B.
Indemnification.
(1)
Requirement to indemnify and hold harmless. Each person that
owns or operates a tower-based WCF, a non-tower WCF, or a small WCF
shall, at its sole cost and expense, indemnify, defend and hold harmless
the municipality, its elected and appointed officials, employees and
agents, at all times against any and all claims for personal injury,
including, but not limited to, 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 each of its WCF.
(2)
Requirement to defend. Each person that owns or operates a tower-based
WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings
against the municipality in which it is claimed that personal injury,
including, but not limited to, death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of each of its 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.
(3)
Indemnification and hold harmless agreement requirement. Prior
to the initial commencement of any construction, operation, or removal,
each person that owns, operates, or removes a tower-based, non-tower,
or small wireless communications facility shall furnish an "indemnification
and hold harmless agreement" to the West Deer Township Manager.
A.
Police powers. The municipality, by granting any permit or taking
any other action pursuant to this article, does not waive, reduce,
lessen or impair the lawful police powers vested in the municipality
under applicable federal, state and local laws and regulations.
B.
Severability. If any section, subsection, sentence, clause, phrase
or word of this article 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 article invalid.
C.
Effective date. This article shall become effective upon enactment
by the West Deer Township Board of Supervisors.
