A. Design, construction and operations.
(1) All WCFs shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical and safety codes.
(2) Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot.
(3) 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 communication services.
(4) Co-location. Tower-based WCFs outside of the right-of-way shall be designed to accommodate both the WCF applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs, the WCF applicant shall agree to allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible.
(5) Signage. Tower-based WCFs not located within the right-of-way 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 Communication Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the Township, and is limited to a maximum size of two square feet. Tower-based WCFs located within the right-of-way shall have the same sign or label affixed to either the tower or the WCF, limited to the maximum size necessary to legibly provide the required information. Such signage shall not protrude from the tower or the WCF and is subject to approval by the Township.
(6) Lighting. A tower 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 state and federal regulations.
(7) Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by state law and not to exceed 45 dBa as measured from the nearest property line on which the attached wireless communications facility is located except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis. The use of generators for WCFs within the rights-of-way is prohibited.
(8) Access.
(a) An access drive and one off-street parking space shall be provided to ensure adequate emergency and service access to tower-based WCFs outside of the right-of-way.
(b) Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
(c) Where possible, access drive construction shall at all times minimize ground disturbance and the cutting of vegetation.
(d) Access drive grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
(e) Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility and maintenance responsibilities.
(f) The access easement shall be a minimum of 20 feet in width and the access drive shall be improved with a dust-free, all-weather surface to a width of at least 10 feet throughout its entire length.
(g) Vehicular access to the WCF 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 use may be utilized.
(9) Fencing. A security fence with a minimum height of eight feet shall surround any tower-based WCF located outside a right-of-way, including guy wires, associated equipment, and buildings. The requirement for a security fence may be waived by the Board where in the opinion of the Board the fence would not be appropriate or feasible. All fencing must be in accordance with the provisions of the Township Code.
(10) Mounting. Any applicant proposing a nontower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the nontower WCF will be mounted on the structure for review by the Township building codes office and/or the Township Engineer for compliance with the building code.
(11) Safety in rights-of-way.
(a) Schedule of operations. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way 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.
(b) Emergency.
[1] Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the right-of-way 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 any one of the following circumstances:
[a] The construction, repair, maintenance or installation of any municipal 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.
[d] An emergency as determined by the Township.
[2] No permit is required for such removal, relocation, change or alteration ordered by the Township.
(12) Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or otherwise to create safety hazards to pedestrians and/or motorists or otherwise to inconvenience public use of the right-of-way as determined by the Township. When feasible, all equipment shall be pole-mounted prior to ground-mounting the equipment. For WCFs located within the right-of-way, no ground-mounted equipment may extend or protrude past the associated tower to the edge of the curb or cartway.
(13) Maintenance. The WCF applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.
(14) Soil report. A soil report complying with the standards of geotechnical investigations of the Electronics Industry Association and Telecommunications Industry Association, shall be submitted 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.
(15) Interference. All WCFs shall 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 the WCF causes interference with the radio or television reception within the Township, the WCF applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected.
(16) Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
(17) Inspections.
(a) Upon request, a copy of the most recent inspection report shall be provided to the Township. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Township.
(b) In accordance with and subject to existing law, the Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code, 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.
(18) Historic buildings or districts. A WCF shall not be located upon a property, and/or on a building or structure that is listed on either the Township, National, Pennsylvania or County Registers of Historic Places.
B. Aesthetics, landscaping and screening.
(1) Stealth technology. The WCF 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. All utility buildings and accessory structures shall be designed to blend into the environment in which they are situated. All proposed tower-based WCFs must provide documentation detailing the proposed stealth technology.
(2) Landscaping design. Tower-based WCF located outside the right-of-way shall submit a landscape design describing the following:
(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) An evergreen screen shall be created by planting trees (a minimum of six feet tall at planting that will grow to a minimum of 15 feet tall at maturity) on ten-foot centers maximum around the perimeter of the security fence.
(c) Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be screened from public view using landscaping and/or screening, as described above.
(d) In lieu of an evergreen screen, the Board of Supervisors may instead approve the use of an artificial screen, topography, walls, decorative fences or other features. Furthermore, the requirement for evergreen screening may be waived by the Board of Supervisors where in the opinion of the Board the evergreen screening would not be appropriate or feasible. The Board may elect to receive comment and feedback from the East Whiteland Township Planning Commission to assist with the Board's decision.
(3) Any graffiti on the tower or on any related equipment shall be immediately removed at the sole expense of the WCF owner.