1. Purposes and Findings of Fact.
A. The purposes of this § 521 include a desire to establish reliable, uniform standards for the construction, siting, design, permitting, maintenance, and use of wireless communication facilities in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191), 53 P.S. § 11702.1 et seq. ("WBCA") in the Township. Moreover, the Township desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Township's residents, businesses, and emergency service providers. While the Township recognizes the benefit of wireless communication facilities in providing high quality communications service and enhancement to its residents and businesses, the Township 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 these provisions, the Township intends to:
(1) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;
(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 both Township residents and wireless carriers in accordance with federal and state laws and regulations;
(3) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower based wireless communications facilities in the Township;
(4) Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other communications facilities;
(5) Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color, and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;
(6) Promote the health, safety, and welfare of the Township's residents and businesses with respect to wireless communication facilities;
(7) Protect the Township's residents and businesses from the potential adverse impacts of wireless communication facilities and to preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and
(8) Ensure compliance with federal and state regulation.
2. Definitions. The definitions found herein apply only to wireless communications facilities and the regulations found in this Article.
ACCESSORY EQUIPMENT: Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment.
ANTENNA: Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
BASE STATION: A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., wifi) and fixed wireless services (i.e. point to point microwave transmissions) such as microwave backhaul.
(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this subpart, supports or houses equipment described in sub-paragraphs (i) and (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(iv) The term does not include any structure that, at the time the relevant application is filed with the Township under this section, does not support or house equipment described in sub-paragraphs (i) or (ii) of this section.
COLLOCATION: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
DISTRIBUTED ANTENNA SYSTEM (DAS): A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
ELIGIBLE FACILITIES REQUEST: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE: Any tower or base station, provided that it is existing at the time the relevant application is filed.
EQUIPMENT COMPOUND: An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
FT. WORTH ATTACHMENT: A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
MINIMUM FUNCTIONAL HEIGHT: Minimum height necessary for a WCF to function satisfactorily.
MODIFICATION: The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
MONOPOLE: A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
REPLACEMENT: The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
SITE: The current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
STEALTH TECHNOLOGY: State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE: A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(i) it increases the original height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than ten percent (10%) or more than ten feet (10'), whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet (6');
(iii) for any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;
(iv) it entails any excavation or deployment outside the current site.
TOWER: Any structure that exceeds ten feet (10') in height and is built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e. wifi) and fixed wireless services (i.e. point to point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment shall not be considered a tower.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF): Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e. building, water tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.
TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul.
WCF ON EXISTING STRUCTURE: Wireless communications facilities located on existing structures such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
WIRELESS: Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF): The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a guyed or self- supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the Township.
3. Permitted and Prohibited Zoning Districts for Wireless Communications Facilities (WCF).
Table 3.1.a
Permitted Zoning Districts
WCF Type | Permitted Zoning Districts | Permitted by Right or SE | |
A. | Tower-Based WCF where the Tower is Fifty Feet (50') or Less in Height | PC - Planned Commercial PIO - Planned Industrial-Office | SE |
B. | WCF on Existing Structures | PC - Planned Commercial PIO - Planned Industrial-Office | SE |
C. | Eligible Facilities Request | PC - Planned Commercial PIO - Planned Industrial-Office | By Right |
Table 3.1.b
Prohibited Zoning
WCF Type | Prohibited Zoning Districts | |
A. | Tower-Based WCF where the Tower is Fifty Feet (50') or Less in Height | PR - Planned Residential MR - Medium Density Residential PUD - Planned Unit Development AI - Airport-Industrial LU - Limited Use FH - Flood Hazard |
B. | Tower-Based WCF where the Tower is Greater than Fifty Feet (50') in Height | All Zoning Districts |
C. | WCF on Existing Structures | PR - Planned Residential MR - Medium Density Residential PUD - Planned Unit Development AI - Airport-Industrial LU - Limited Use FH - Flood Hazard |
D. | Eligible Facilities Request | PR - Planned Residential MR - Medium Density Residential PUD - Planned Unit Development AI - Airport-Industrial LU - Limited Use FH - Flood Hazard |
Table 4.1
Tower-Based WCFs
WCF | ||
Height | Tower-Based WCFs shall be designed to Minimum Functional Height, not to exceed Fifty Feet (50'). WCF on Existing Structures shall be designed to Minimum Functional Height. The height of the WCF and the Existing Structure, combined, shall not exceed Fifty Feet (50'). Applicants must submit documentation justifying the total height. | |
Lot Size | Only use on lot: | Subject to underlying zoning district. |
Combined with another use on lot: | Area needed to accommodate the WCF and guy wires (including Setback), Accessory Equipment, and, if required, security fence, landscaping, and screening. | |
Setbacks | Towers: | Setback from property lines, and all structures other than (1) walls, fences, poles, towers, pipes or (2) generator, condenser, or similar piece of equipment affixed to the ground or (3) any structure entirely at or below ground level, except swimming pools at least One Hundred Ten Percent (110%) of the combined height of the Wireless Support Structure and Antennas, or the applicable minimum building setback in the underlying zoning district, whichever is greater. |
Equipment buildings/cabinets: | Subject to applicable minimum accessory use or structure setback in the underlying zoning district. | |
5. Design, Construction, and Operations.
A. All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed, and replaced in strict compliance with all current applicable federal and state technical and safety codes including, without limitation, the permitting and inspection requirements of the PA Uniform Construction Code, as adopted by the Township.
B. Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot. This provision shall not eliminate any requirement for a land development plan.
C. All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.
D. All WCFs shall be operated in a manner so that they do not interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties. In the event that a WCF causes interference with such services within the Township, the WCF applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected.
E. Collocation. All tower-based WCFs shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs, the applicant shall agree to allow other service providers to collocate antennas on the tower where technically and economically feasible.
F. Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the Township.
G. Lighting. Towers shall not be artificially lighted beyond what is 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 Township, state, and federal regulations.
H. Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the Township. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.
I. Vehicular Access.
1) An access driveway and one (1) off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs.
2) Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
3) Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.
4) Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
5) Where applicable, an applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF facility and maintenance responsibilities.
6) Any required access easement shall be a minimum of twenty feet (20') in width and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least ten feet (10') throughout its entire length.
7) Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot. However, where appropriate and available, existing parking for the principal or other uses on the lot may be utilized.
J. Fencing. A security fence with a height of six feet (6') shall be required to surround any tower-based WCF. The requirement for a security fence may be waived by the Township when the tower is a monopole that cannot be climbed or the fence would not be appropriate or feasible. All fencing must be in accordance with the provisions of the Township Zoning Ordinance.
K. Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs, and equipment needs, and the traffic, safety, and noise impacts of such maintenance.
L. Soil report. An applicant for a tower-based WCF shall submit a soil report complying with the standards of geotechnical investigations of the Electronics Industry Association and the Telecommunications Industry Association to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.
M. Aviation safety. All WCFs must meet or exceed current standards and regulations of the Federal Aviation Administration ("FAA") and any other agency of the State or Federal government with the authority to regulate aviation safety. If such standards and regulations are changed, then the applicant of the WCF governed hereby shall bring such WCF into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring WCF into compliance with such revised standards and regulations shall constitute grounds for removal of the WCF at the applicant's expense.
N. Inspections for all WCFs. All WCFs shall be subject to applicable provisions of the building code of Hanover Township, including periodic inspections.
O. Equipment Storage. The storage of unused equipment or supplies is prohibited on any WCF site.
P. Historic Locations. Wireless communications facilities are not permitted to be located on buildings, structures or sites listed on the National State Register of Historic Places or recognized as historic buildings, structures or sites by resolution of the Hanover Township Council.
6. Aesthetics, Landscaping, and Screening.
A. Stealth Technology. All WCFs shall employ the most current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable. All proposed tower-based WCFs must provide documentation detailing the proposed stealth technology.
B. Landscaping and Screening. An applicant for tower-based shall submit a landscaping and screening design including the following:
1) The applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable. Any vegetation, trees, or shrubs that are disturbed during construction shall be restored to the extent practicable so that the property is in as good as or better condition than it was prior to construction.
2) Ground mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Township.
3) Any graffiti on the tower or on any related equipment shall be immediately removed at the sole expense of the WCF owner or the property owner.
7. Replacement, Collocation, or Modification.
A. Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this sub-section, an application for replacement, collocation or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.
B. Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.
C. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF resulting in any increase in the overall height of such WCF, monopole, tower, or other wireless support structure shall first obtain all necessary permits and approvals from the Township. Non-routine modifications shall be prohibited without prior approval from the Township.
D. Mounting. An applicant proposing a WCF on existing structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on existing structure will be mounted on the existing structure for review by the Township building code official for compliance with the building code.
8. Permit Requirements.
A. Collocation Analysis. An application for a new tower-based WCF shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be collocated on an existing structure or building within a one (1) mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.
B. Gap in Coverage or Lack of Adequate Capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one (1) year of the filing of its application with respect to the applicant in the area.
C. Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot.
D. Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.
E. Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards, if any, established by the FCC governing human exposure to electromagnetic emissions.
F. Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.
G. Engineer Inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in 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 special exception hearing 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.
H. Review timeframes.
Table 8.1
WCF Review Timeframes
Township shall notify the applicant in writing of any information that may be required to complete application | Township shall approve or deny the application unless a shorter time period is applicable under the MPC | ||
A. | New Tower-Based WCFs | Within thirty (30) calendar days of the date the application was filed with the Township. | Within one hundred fifty (150) days* of submission of a complete application for a WCF. |
B. | WCF on Existing Structures | Within thirty (30) calendar days of the date the application was filed with the Township. | Within ninety (90) days* of submission of a complete application for a WCF. |
C. | Eligible Facilities Requests** (as defined) | Within thirty (30) calendar days of the date the application was filed with the Township. | Within sixty (60) days* of submission of a complete application for a WCF. |
* The time period may be tolled by mutual agreement or in cases where the Township informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Township provides written notice to the applicant within ten (10) days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed. | |||
**The Township shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an Eligible Facility. | |||
I. Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.
9. Discontinuation, Abandonment and Removal.
A. Nonconforming WCFs. Any nonconforming WCF which is hereafter damaged or destroyed due to any reason or cause may be repaired and restored at its former location but must otherwise comply with the terms and conditions of this Chapter.
B. Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
1) All unused or abandoned WCFs and accessory facilities shall be removed within three (3) 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 three (3) 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.
C. Bonding. A bond in form and amount satisfactory to the Township will be required to guarantee removal of the tower-based WCF, with a face value equal to the estimated cost for the removal of all structures associated with the WCF, plus fifteen percent (15%), as determined by applicant's engineer and confirmed by the Township engineer. Applicant shall submit an updated estimate of the cost to remove all structures associated with the WCF every five (5) years and shall update the face value of the bond accordingly. Applicant must maintain such bond until the tower-based WCF has been removed. At any time, if applicant fails to renew such bond within thirty (30) days of its expiration, the Township may make a claim on such bond in the full amount thereof which amount shall be deposited in a Township account and held for the same purposes as the bond.
(Ord. 589, 10/4/2017, § 2)