1. General and Specific Requirements for Non-tower Wireless Communications Facilities.
A. The following regulations shall apply to all non-tower WCF:
(1) Permitted in All Zones Subject to Regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.
(2) Non-conforming Wireless Support Structures. Non-tower WCF shall be permitted to collocate upon non-conforming tower-based WCF and other non-conforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.
(3) Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Township.
(4) Wind and Ice. All non-tower WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(5) Aviation Safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(6) Public Safety Communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(7) Radio Frequency Emissions. A non-tower 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 of a non-tower WCF shall submit proof of compliance with such standards and regulations to the Township Zoning Office once every three (3) years.
(8) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:
(a) All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.
(b) If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(9) Insurance. Each person that owns or operates a non-tower WCF shall annually 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 per occurrence covering the non-tower WCF.
(10) Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(11) Maintenance. To the extent permitted by law, 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, repair, or replacement.
(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c) All maintenance activities shall utilize industry standard technology for preventing failures and accidents.
(12) Timing of Approval.
(a) Within sixty (60) days of receipt of an application for a non-tower WCF on a preexisting wireless support structure that meets the definition of a small wireless communications facility, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
(b) Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that does not meet the definition of a small wireless communications facility, the Township shall make a final decision on whether to approve the application and shall notifr the WCF applicant in writing of such decision.
(13) Building Permit Required. WCF applicants proposing the collocation of a nontower WCF that does not substantially change the physical dimensions of the wireless support structure to which they are attached shall obtain a building permit from the Township building code official. In order to be considered for such permit, the WCF applicant must submit a permit application to the township in accordance with applicable permit policies and procedures.
B. In addition to the requirements in § 27-1201 1.A. above, the following regulations shall apply to all non-tower WCF that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(1) Non-commercial Usage Exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennae for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 27-1201.
(2) Prohibited on Certain Structures. No non-tower WCF shall be located on singlefamily detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
(3) Authorization Required.
(a) Any WCF applicant proposing the construction of a new non-tower WCF that does not fall under the WBCA, or the modification of an existing non-tower WCF, shall first obtain a special exception authorization from the Township Zoning Hearing Board. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in the Dover Township Zoning Ordinance.
(b) Any WCF applicant proposing the construction of a new non-tower WCF that meets the definition of a small WCF shall first obtain administrative approval from the Township Zoning Officer. The application for administrative approval shall demonstrate that the proposed facility complies with all applicable provisions in the Dover Township Zoning Ordinance.
(4) Historic Buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
(5) Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Township Fee Schedule and shall comply with the applicable regulations of the FCC.
(6) Development Regulations. Non-tower WCF shall be located or collocated on existing structures, such as existing buildings or tower-based WCF, subject to the following conditions:
(a) The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
(b) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.
(c) If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the applicable requirements for the applicable zoning district.
(d) A security fence not to exceed 8 feet in height shall surround any separate communications equipment building. Such fence shall not utilize barbed wire. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(7) Design Regulations. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.
(8) Removal, Replacement and Substantial Change.
(a) The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennae.
(b) Any substantial change to a WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization as determined by the Zoning Officer. The owner of the WCF shall submit updated construction drawings to the Township Maintenance Department prior to the issuance of any required permits.
(9) Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the lease area of the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
C. Regulations Applicable to all Non-Tower WCF located in the Public Rights-of-Way. In addition to the applicable non-tower WCF provisions listed in Sections 27-1201(l)(a)(c), the following regulations shall apply to non-tower WCF located in the public rights-of-way:
(1) Location. Non-tower WCF in the ROW shall be collocated on existing wireless support structures or other freestanding structures that do not already act as wireless support structures with the Township's approval.
(2) Design Requirements:
(a) WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than 3 feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the least visibly intrusive equipment feasible.
(b) Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF 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. A highway occupancy permit shall be required for all work within the PennDOT ROW.
(4) Equipment Location. Ground-mounted accessory equipment shall be located underground or, if undergrounding is demonstrated to be unfeasible, shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within 4 feet of the edge of the cartway, or within an easement extending onto a privately-owned lot;
(b) Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the satisfaction ofthe Township. Screening shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
(c) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township. The WCF owner shall be solely responsible for this requirement.
(d) Any graffiti on any accessory equipment shall be removed within 30 days upon notification by the Township at the sole expense of the owner.
(e) Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township.
(f) Accessory equipment attached to the wireless support structure shall have a minimum of 8 feet of vertical clearance above finished grade.
(5) Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) The construction, repair, maintenance or installation ofany Township or other public improvement in the right-of-way;
(b) The operations of the Township or other govemmental entity in the right-of-way;
(c) Vacation of a street or road or the release of a utility easement; or
(d) An emergency as determined by the Township.
(6) Reimbursement for ROW Use. In addition to permit fees as described in this section, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable regulations of the FCC.
2. General and Specific Requirements for Tower-Based Wireless Communications Facilities and Pole Facilities.
A. The following regulations shall apply to all tower-based wireless communications and pole facilities.
(1) Standard of Care. Any tower-based WCF or pole facility 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, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF or pole facility 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 damage any property in the Township.
(2) Special Exception Authorization Required. Tower-based WCF and pole facilities are permitted by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 27-1201 2.
(a) Upon submission of a special exception application for a tower-based WCF or pole facility and the scheduling of the public hearing upon the application, the WCF applicant shall provide notice of said public hearing pursuant to the special exception notice requirements of § 27-1002(1) of the Dover Township Zoning Code.
(b) Prior to the Board's approval of a special exception authorizing the construction and installation of tower-based WCF or pole facility, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Board 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 structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF or pole facility must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
(c) The special exception application shall be accompanied by 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.
(d) The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF or pole facility complies with all state and federal laws and regulations concerning aviation safety.
(e) Where the tower-based WCF or pole facility is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
(f) Engineer Inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF or pole facility, a structural engineer licensed in the Commonwealth of Pennsylvania 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.
(g) Collocation and Siting. An application for a new tower-based WCF or pole facility shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the Township. The Board may deny an application to construct a new tower-based WCF or pole facility if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one quarter (1/4) 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 accessory 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 accessory 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.
(h) The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF or pole facility complies with all applicable provisions of this Chapter.
(3) Permit Required for Modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF or pole facility, which increases the overall height of such WCF, shall first obtain a building permit from the Township Building Code Official. The owner of the WCF shall submit updated construction drawings to the Township Maintenance Department prior to the issuance of any required permits.
(4) Wind and Ice. Any tower-based WCF or pole facility shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(5) Public Safety Communications. No tower-based WCF or pole facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(6) Maintenance. The following maintenance requirements shall apply:
(a) Any tower-based WCF or pole facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
(b) 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 industry standard technology for preventing failures and accidents.
(7) Radio Frequency Emissions. A tower-based WCF or pole facility 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 of a non-tower WCF shall submit proof of compliance with such standards and regulations to the Township Zoning Office once every 3 years.
(8) Historic Buildings. No tower-based WCF or pole facility may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
(9) Signs. All tower-based WCFs or pole facilities 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.
(10) Lighting. No tower-based WCF or pole facility 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 govemmental authorities and to the Township Secretary.
(11) Noise. Tower-based WCF or pole facility 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.
(12) Timing of Approval.
(a) Within 30 calendar days of the date that an application for a tower-based WCF or pole facility is filed with the Township, the Township shall notify the WCF applicant in writing ofany information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF or pole facility and the Township shall advise the WCF applicant in writing of its decision. Ifadditional 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.
(b) Within 90 days of receipt of an application for a tower-based WCF or pole facility that meets the definition of small wireless communications facility, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
(13) Non-Conforming Uses. Non-conforming tower-based WCF or pole facilities 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. The collocation of antennae is permitted on non-conforming structures.
(14) Removal. In the event that use of a tower-based WCF or pole facility 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:
(a) All unused or abandoned tower-based WCFs or pole facilities and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
(b) If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(c) Any unused portions of tower-based WCF or pole facility, including antennae, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF or pole facility previously removed.
(15) Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF or pole facility, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule and shall comply with the applicable regulations of the FCC.
(16) Insurance.
(a) Each person that owns or operates a tower-based WCF 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 tower-based WCF.
(b) Each person that owns or operates a pole facility 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 tower-based WCF.
(17) Indemnification. Each person that owns or operates a tower-based WCF or pole facility shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF or pole facility shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF or pole facility. 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.
(18) Engineer Signature. All plans and drawings for a tower-based WCF or pole facility shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
B. In addition to the applicable regulations in § 27-1201 2.A., the following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(1) Development Regulations.
(a) Tower-based WCF shall not be located in, or within 50 feet of an area in which utilities are primarily located underground, unless the WCF applicant proves to the satisfaction of the Township that installing its facility in such a location is necessary to provide wireless service and that no other feasible alternative exists.
(b) Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the requirements of this Chapter:
l) CV Conservation District
2) A Agriculture District
3) BP Business Office Park District
4) I Industrial District
(c) Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure's height, unless the applicant shows to the satisfaction of the Township Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
(d) 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 use, except residential, subject to the following conditions:
l) The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
2) Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.
3) Minimum Setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF, unless the applicant shows to the satisfaction of the Township Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
(2) Design Regulations.
(a) Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed the maximum building height allowed in each zoning district, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alterations. 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 tower-based WCF is the minimum height necessary for the service area.
(b) Visual Appearance and Land Use Compatibility. tower-based WCF shall employ Stealth Technology which may include the tower portion to be painted brown or another color approved by the Board or shall have a galvanized finish. All tower-based WCF and accessory 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 Board 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; prevent 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.
(c) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(d) Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(3) Surrounding Environs.
(a) The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(4) Fence/Screen.
(a) A security fence having a height not to exceed 8 feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires, or any building housing WCF equipment. Such fence shall not utilize barbed wire.
(b) A screen of evergreen trees planted 8 feet on center, each at least 4 feet in height, shall surround the tower-based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible.
(5) Accessory equipment.
(a) Either one single-story wireless communications equipment building not exceeding 500 square feet in area for each unrelated company sharing commercial communications Antenna(e) space on the tower-based WCF outside of the public ROW.
(b) Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(c) Ground-mounted accessory equipment associated or connected with a tower-based WCF greater than 3 cubic feet shall not be located within 50 feet of a lot in residential use.
(6) Additional Antennae. As a condition of approval for any tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennae on the proposed tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township.
(7) FCC License. Each person that owns or operates a tower-based WCF 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.
(8) 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 grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(9) Parking. For each tower-based WCF, there shall be one off-street parking space.
(10) Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the lease area of the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
C. In addition to the applicable regulations in Section 27-1201 the following regulations shall apply to pole facilities located in the public rights-of-way.
(l) Location and Development Standards.
(a) Pole facilities in the public ROW are prohibited in areas in which all utilities are located underground.
(b) Pole facilities in the public ROW shall not be located in the front facade area of any structure.
(c) Pole facilities in the public ROW shall be permitted along certain arterial and collector 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.
(2) Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Pole Facilities 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.
(3) Equipment Location. Pole facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb or within 4 feet of the edge of the cartway.
(b) Ground-mounted accessory 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.
(c) Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
(d) Any graffiti on the pole facility or any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification.
(e) Any underground vaults related to pole facilities shall be reviewed and approved by the Township.
(4) Design Regulations.
(a) The pole facility shall employ stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) Pole facilities in the public ROW shall not exceed 50 feet in height.
(c) To the extent permissible under state and federal law, any height extensions to an existing pole facility shall require prior approval of the Township, and shall not increase the overall height of the pole facility to more than 50 feet.
(d) Any proposed pole facility shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(5) Relocation or Removal of Facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a pole facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) The operations of the Township or other governmental entity in the right-of-way;
(c) Vacation of a street or road or the release of a utility easement; or
(d) An emergency as determined by the Township.
(6) Reimbursement for ROW Use. In addition to permit fees as described in this section, every pole facility 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 pole facility shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the FCC.
(Ord. 2019-03, 10/28/2019, § 6)