Design, construction and operations.
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.
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.
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.
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.
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.
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.
Aesthetics, landscaping and screening. See
§ 200-92F for details.
Replacement, co-location or modification.
(1) Notwithstanding the requirements for tower-based WCF and nontower-based WCFs, as set forth in this section, an application for replacement, co-location or modification of a previously approved wireless support structure or wireless communication facility 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 towers shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.
(2) Replacement, co-location or modification of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining a zoning permit from the Township.
(3) 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. Nonroutine modifications shall be prohibited without prior approval from the Township.
Conditional use and permit requirements.
(1) A permit from the Township shall be required for the construction, erection, modification, replacement or installation of each and all WCFs and wireless support structures. Within 60 calendar days of the date that a fully completed application for a WCF is received by the Township, the Township shall review the application and advise the applicant if a permit will be issued.
(2) In addition to all other permit requirements under this chapter, a permit application for a WCF shall not be approved or considered complete unless the Township finds that the applicant has complied with all of the following conditions, as applicable:
(a) Co-location. An application for a new tower-based WCF outside of the right-of-way shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be co-located on an existing or approved structure or building within a one-mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.
(b) Gap in coverage, lack of adequate capacity, and lack of alternatives. An applicant for a tower-based WCF, where required, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within six months of the filing of its application with respect to the WCF applicant in the area. It shall be incumbent upon the applicant to prove to the reasonable satisfaction of the Board that the applicant cannot adequately extend or infill its communications system by the use of equipment, such as radios, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.
(c) Authorization. An applicant for all WCFs 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 facility on the subject property.
(d) Licensing and applicable regulations. When applicable, an applicant must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses, including the name, address, and emergency telephone number for the operator of the facility.
(e) Emissions. The applicant shall demonstrate that the proposed WCF, by itself or in conjunction with other WCFs, complies with all applicable standards established by the Federal Communications Commission 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 WCFs 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 use 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) 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 co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
Conditional use authorization.
If required under
§ 200-92C, a separate conditional use application must be filed for each tower-based WCF sought to be constructed and installed. Prior to the Board's approval of a conditional use authorizing the construction and installation of a tower-based WCF, the applicant must provide the following along with a conditional use application:
(a) A propagation study evidencing the need for the proposed tower or other communication facilities and equipment, 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.
(b) Documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety and is designed to withstand the effects of wind according to the standard designed by the American National Standards Institute.
(c) Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WTF and that vehicular access will be provided to the facility, as set forth in this chapter.
(d) Documentation and other evidence demonstrating that the proposed tower-based WCF complies with all applicable provisions in this chapter, including but not limited to height requirements, design, construction and operation requirements, safety requirements, and aesthetic, landscaping, and screening requirements.
Conditional use approval for tower-based WCFs in right-of-way.
In addition to the requirements in
§ 200-92D, tower-based WCFs located within a right-of-way in the R-1, R-2, R-3, RM, RRD, RMH, VMX, FC, ROC, ROC/R, PO, O/BP, O/BPS, I, INS, NS, C, and OS Districts are permitted by conditional use unless the primary components of utilities, including but not limited to the main utility lines, are located underground within 100 feet of the proposed tower or base station. Documentation evidencing the location of surrounding utilities shall be provided by the applicant with the conditional use application.
Permit and conditional use fees.
The Township may assess appropriate and reasonable permit and conditional use fees directly related to the actual costs of experts and staff for reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. The amount of this fee may not be in excess of the actual reasonable costs of such actions.
Reimbursement for right-of-way use. See
§ 200-92H(6) for details.
Guy wires approval.
Guy wires may only be used for WCFs upon conditional use approval for the use of guy wires. Documentation evidencing the need for the guy wires and a description of the guy wire installation must be provided by the applicant with the conditional use application.
Township Planning Commission review.
The Board may elect to receive comment, recommendations, and feedback from the East Whiteland Township Planning Commission to assist with the Board's conditional use decisions.
Township standards for conditional use approval. In addition to demonstrating compliance with all requirements of this section, an applicant seeking conditional use approval must also fulfill all requirements and standards for conditional use approval set forth under Township Code
§ 200-109: Conditional uses.
Discontinuation, abandonment and removal. See
§ 200-92I for details.
