The follow regulations shall apply to all wireless communications facilities:
(a) Standard of care. Any 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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, where applicable. 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 any property in the Township.
(b) Additional documentation. As part of the application for any WCF requiring conditional use approval, the applicant shall:
[1] Submit a completed Township-supplied checklist to ensure the completeness of the WCF application. All items delineated on the checklist will be required to be submitted with the application. The Township Zoning Officer may review all elements of the application and checklist with the applicant prior to formal submission.
[2] Execute a valid contract for professional services with the Township to allow for review and processing of the WCF application. Such contract for professional services shall also allow for recovery of expenses incurred by the Township in its review of the WCF application.
(c) Wind and ice. All 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).
(d) Aviation safety. All WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(e) Public safety communications. 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.
(f) Indemnification. Each person that owns or operates a 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 WCF. Each person that owns or operates a 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 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.
(g) Financial security. Prior to receipt of a zoning permit for the construction or placement of a WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the WCF. Said financial security shall remain in place until the WCF is removed.
(h) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[1] The WCF shall be fully automated and unattended daily and shall be visited only for maintenance or emergency repair.
[2] Such maintenance shall be performed to ensure the upkeep of the facility to promote the safety and security of the Township's residents.
[3] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(i) 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 property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(j) Historic buildings. No WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Township or has been designated by the Township to be of historical significance.
(k) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all 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.
(l) Equipment location. WCF and accessory equipment 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:
[1] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 24 inches of the face of the curb.
[2] Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, using landscaping or other decorative features to the satisfaction of the Township.
[3] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
[4] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner.
[5] Any underground vaults related to WCFs shall be reviewed and approved by the Township.
(m) 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 determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2] The operations of the Township or other governmental entity in the right-of-way;
[3] Vacation of a street or road or the release of a utility easement; or
[4] An emergency as determined by the Township.
(n) 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 WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this §
155-59.
General and specific requirements for non-tower wireless communications facilities.
The following regulations shall apply to all
non-tower WCF:
§ 155-59B(1)
The following regulations shall apply to all co-located
non-tower WCF that
do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Co-location Act:
§ 155-59B(2)
The following regulations shall apply to all
non-tower WCF that
do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Co-location Act:
§ 155-59B(3)
Regulations applicable to all
non-tower WCF located in the public rights-of-way:
§ 155-59C
General and specific requirements for all tower-based wireless communications facilities.
The following regulations shall apply to all
tower-based wireless communications facilities:
§ 155-59D(1)
The following regulations shall apply to
tower-based wireless communications facilities located
outside the public rights-of-way that do not meet the definition of a small WCF:
§ 155-59D(2)
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to
small wireless communications facilities:
§ 155-59E(1)
