The following regulations shall apply to all wireless telecommunications towers, excluding any wireless telecommunications tower that is less than 70 feet in height and owned and operated by a federally licensed amateur radio status operator.
(a) Standard of care. All wireless telecommunications towers 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. All wireless telecommunications towers shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the township.
(b) Notice. Upon submission of an application for a wireless telecommunications tower and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the township.
(c) Conditional use authorization required. Wireless telecommunications towers are permitted by right in the LI District, any parcel used exclusively as a municipal use or by conditional use in all zoning districts and at a height necessary to satisfy their function in the WCF applicant’s wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the wireless telecommunications tower is the minimum height necessary for the service area.
(1) Prior to Board of Commissioners’ approval of a conditional use authorizing the construction and installation of wireless telecommunications tower, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board of Commissioners that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed wireless telecommunications tower must be located where it is proposed in order to serve the WCF applicant’s service area and that no other viable alternative location exists.
(2) The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
(3) The conditional use application shall be accompanied by documentation demonstrating that the proposed wireless telecommunications tower complies with all state and federal laws and regulations concerning aviation safety.
(4) Where the wireless telecommunications tower is located on a property with another principal use, the WCF applicant shall present documentation to the Township Board of Commissioners that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
(5) The conditional use application shall be accompanied by documentation demonstrating that the proposed wireless telecommunications tower complies with all applicable provisions in this section.
(d) Engineer inspection. Prior to the township’s issuance of a permit authorizing construction and erection of a wireless telecommunications tower, a structural engineer registered in the state shall issue to the township a written certification of the proposed WCF’s ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
(e) Visual appearance and land use compatibility. Wireless telecommunications towers shall employ stealth technology, which may include the tower portion to be painted silver or another color approved by the Township Board of Commissioners. All wireless telecommunications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Township Board of Commissioners shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(f) Co-location and siting. An application for a new wireless telecommunications tower shall demonstrate that the proposed wireless telecommunications tower cannot be accommodated on an existing or approved structure or building, or sited on land owned by the township. The Board of Commissioners may deny an application to construct a new wireless telecommunications tower if the WCF applicant has not made a good faith effort to mount wireless telecommunications antennas on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings and towers and was denied for one of the following reasons.
(1) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(2) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure or tower and the interference cannot be prevented at a reasonable cost.
(3) Such existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4) A commercially reasonable agreement could not be reached with the owner of such building, structure or tower.
(g) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing wireless telecommunications tower, which increases the overall height of such WCF, shall first obtain a building permit from the township. Non-routine modifications shall be prohibited without such a permit.
(h) Gap in coverage. A WCF applicant for a wireless telecommunications tower must demonstrate that a significant gap in wireless coverage or capacity exists 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 a wireless telecommunications tower.
(i) Additional antennas. As a condition of approval for all wireless telecommunications tower, the WCF applicant shall provide the township with a written commitment that it will allow other service providers to co-locate antennas on wireless telecommunications towers where technically and economically feasible. The owner of a wireless telecommunications tower shall not install any additional antennas without obtaining the prior approval of the township.
(j) Wind. Any wireless telecommunications tower structures shall be designed to withstand the effects of wind gusts of at least 100 mph in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.
(k) Height. Any wireless telecommunications tower shall be designed at the minimum functional height. The maximum height of any new wireless telecommunications tower shall be 200 feet. An existing tower may be modified or extended to a height not to exceed a total height of 215 feet, to accommodate the collocation of additional communications antennas.
(l) Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(e) space on the wireless telecommunications tower.
(m) Public safety communications. No wireless telecommunications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(n) Maintenance. The following maintenance requirements shall apply:
(1) Any wireless telecommunications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair; and
(2) Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the township’s residents, and utilize the best available technology for preventing failures and accidents.
(o) Radio frequency emissions. A wireless telecommunications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields”, as amended.
(p) Historic buildings or districts. A wireless telecommunications tower shall not be located upon a property, and/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 and/or historic districts list maintained by the township.
(q) Signs. All wireless telecommunications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(r) Lighting. No wireless telecommunications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Manager.
(s) Noise. Wireless telecommunications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(t) Aviation safety. Wireless telecommunications towers shall comply with all federal and state laws and regulations concerning aviation safety.
(u) Retention of experts. The township may hire any consultant and/or expert necessary to assist the township in reviewing and evaluating the application for approval of the wireless telecommunications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the township for all costs of the township’s consultants) in providing expert evaluation and consultation in connection with these activities.
(v) Timing of approval. Within 30 calendar days of the date that an application for a wireless telecommunications tower is filed with the township, the township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for wireless telecommunications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such wireless telecommunications towers and the township shall advise the WCF applicant in writing of its decision. If additional information was requested by the township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
(w) Nonconforming uses. Nonconforming wireless telecommunications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
(x) Removal. In the event that use of a wireless telecommunications tower is planned to be discontinued, the owner shall provide written notice to the township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(1) All unused or abandoned wireless telecommunications towers 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; and
(3) Any unused portions of wireless telecommunications towers, 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 wireless telecommunications tower previously removed.
(y) Permit fees. The township may assess appropriate and reasonable permit fees directly related to the township’s actual costs in reviewing and processing the application for approval of a wireless telecommunications tower, as well as related inspection, monitoring and related costs. Fees shall be set by resolution of the Board of Commissioners.
(z) FCC license. Each person that owns or operates a wireless telecommunications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address and emergency telephone number for the operator of the facility.
(aa) Insurance. Each person that owns or operates a wireless telecommunications tower greater than 40 feet in height shall provide the township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the wireless telecommunications tower. Each person that owns or operates a wireless telecommunications tower 40 feet or less in height shall provide the township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each wireless telecommunications tower.
(bb) Indemnification. Each person that owns or operates a wireless telecommunications tower 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 wireless telecommunications tower. Each person that owns or operates a wireless telecommunications tower shall defend any actions or proceedings against the township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the wireless telecommunications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney fees, reasonable expert fees, court costs and all other costs of indemnification.
(cc) Engineer signature. All plans and drawings for a wireless telecommunications tower shall contain a seal and signature of a professional structural engineer, licensed in the commonwealth.
(dd) Financial security. Prior to receipt of a zoning permit for the construction or placement of a wireless telecommunications tower, the WCF applicant shall provide to the township financial security sufficient to guarantee the removal of the wireless telecommunications tower. Said financial security shall remain in place until the wireless telecommunications tower is removed.
(Ord. 984, passed 11-20-2018)