The following regulations shall apply to wireless telecommunications towers located in the public rights-of-way.
(a) Location and development standards.
(1) Wireless telecommunications towers in the ROW shall not exceed 40 feet in height and are prohibited in areas in which all utilities are located underground.
(2) Wireless telecommunications towers shall not be sited in the front facade area of any structure.
(3) Wireless telecommunications towers shall be permitted along certain collector roads and arterial roads throughout the township, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Township Zoning Office and adopted by the Board of Commissioners via resolution.
(b) Time, place and manner. The township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all wireless telecommunications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the township and the requirements of the Public Utility Code.
(c) Equipment location. Wireless telecommunications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the row as determined by the township. In addition:
(1) In no case shall ground-mounted related equipment, walls or landscaping be located within 18 inches of the face of the curb.
(2) Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the township.
(3) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the township.
(4) Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner; and
(5) Any underground vaults related to wireless telecommunications towers shall be reviewed and approved by the township.
(d) Design regulations.
(1) The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the township.
(2) Wireless telecommunications towers in the public ROW shall not exceed 40 feet in height.
(3) To the extent permissible under state and federal law, any height extensions to an existing wireless telecommunications tower shall require prior approval of the township, and shall not increase the overall height of the wireless telecommunications towers to more than 40 feet.
(4) Any proposed wireless telecommunications towers shall be designed structurally, electrically and in all respects to accommodate both the WCF applicant’s antennas and comparable antennas for future users.
(e) Relocation or removal of facilities. Within 60 days following written notice from the township, or such longer period as the township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless telecommunications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1) The construction, repair, maintenance or installation of any township or other public improvement in the right-of-way;
(2) The operations of the township or other governmental entity in the right-of-way;
(3) Vacation of a street or road or the release of a utility easement; or
(4) An emergency as determined by the township.
(f) Reimbursement for ROW use. In addition to permit fees as described in this section, every wireless telecommunications tower in the ROW is subject to the township’s right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the township’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the township. The owner of each wireless telecommunications tower shall pay an annual fee to the township to compensate the township for the township’s costs incurred in connection with the activities described above.
(Ord. 984, passed 11-20-2018)