Procedures.
(1) Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for conditional use approval by the Township Board of Supervisors in accordance with the requirements of
§ 27-704: Permit Application Procedures for Conditional Uses of this Chapter.
(2) The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
Timing of Approval. 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, including an application fee in an amount specified by the wireless fee schedule. If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.
Application Fees. The Township may assess appropriate and reasonable application fees in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this Section, in amounts specified by the wireless fee schedule. See
Fee Schedule.
Development Regulations. See
§ 27-5124E for detailed information.
Radio Frequency Emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
Inspection Report Requirements. No later than December of each odd-numbered year, the owner of the tower-based WCF shall have said WCF structure inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of tower-based WCFs and has demonstrated his/her expertise to the satisfaction of the Township. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township by March 1 following the inspection. Any repairs advised by report shall be effected by the owner within 60 calendar days after the report is filed with the Township.
Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township’s consultant(s) in providing expert evaluation and consultation in connection with these activities.
Removal. See
§ 27-5124U for details.
Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential within 1,000 feet of the site of the proposed facility.
Eligible Facilities Request. See
§ 27-5124X for details.
Design Regulations.
(1) Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(2) The tower-based 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.
(3) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the tower-based WCF applicant’s antennas and comparable antennas for future users.
(4) All utilities that are extended to the site of the tower-based WCF shall be placed underground.
Surrounding Environs. See
§ 27-5124Z for details.
Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least 10 feet throughout its entire length.
Bond. Prior to the issuance of special permit use, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this Section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:
(1) An amount of $75,000 to assure the faithful performance of the terms and conditions of this Section.
(2) An amount determined by the Township Board of Supervisors based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Township Board of Supervisors may consider, but shall not be required to rely upon, applicant’s written report, titled “Cost of Wireless Facilities Removal” certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.
Graffiti. Any graffiti on the tower-based WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.
Inspection by Township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this Section 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 property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
See
§ 27-512: Wireless Communications Facilities. for complete, detailed information
See
Forms and Documents for more information.
