A. PURPOSE
The purpose of this section is to protect the public health, safety, and general welfare of the citizens of the Township and of those who visit this community, while accommodating the telecommunication needs of residents, visitors, community services and businesses. This section shall:
1. Preserve the character and appearance of the Township, while allowing adequate telecommunications services to be developed;
2. Protect the scenic, historic, environmental, and natural resources of the Township, and property values therein;
3. Provide standards and requirements for the operation, siting, design, appearance, construction, monitoring, modification, and removal of telecommunications facilities;
4. Minimize tower and antenna proliferation by encouraging the sharing of existing telecommunications facility sites where possible and appropriate;
5. Facilitate the provision of telecommunications services to the residences and businesses of the Township;
6. Require, through performance standards, the location of telecommunication facilities in nonresidential areas and away from other sensitive areas such as schools, hospitals, senior centers, and child care facilities.
B. AUTHORITY TO HIRE INDEPENDENT CONSULTANTS
1. Upon review of an application for use by conditional use and/or Site Plan Review for a telecommunications facility, the Solebury Township Board of Supervisors (hereinafter "Board") and/or the Solebury Township Planning Commission (hereinafter "Planning Commission") may determine that it needs the assistance of an independent consultant or consultants to evaluate the application. Upon making such a determination, it may hire independent consultants, the reasonable costs of whose services shall be paid for by the applicant from escrow funds held with the Township pursuant to the fee schedule set by the Board of Supervisors via Resolution. These consultants shall be qualified professionals with an appropriate combination of training, record of service, and/or certification in one or more of the following areas of expertise: 1) telecommunications/radio frequency engineering; 2) structural engineering; 3) assessment of electromagnetic fields; 4) legal issues; 5) other areas, if determined necessary by the Board or the Planning Commission.
2. The Board and Planning Commission may provide the full application to any independent consultant(s) hired pursuant to this section for their analysis and review. Consultants shall report directly to the Board and/or the Planning Commission.
C. CONSISTENCY WITH FEDERAL LAW
The Board's decision regarding an application is intended to be in agreement with federal law, particularly the Telecommunications Act of 1996 as it may be amended. This section is not intended to:
1. Prohibit or have the effect of prohibiting the provision of personal wireless services;
2. Unreasonably discriminate among providers of functionally equivalent services; or
3. Regulate personal wireless services on the basis of the environmental effects of radio frequency emissions, to the extent that the regulated services and facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions.
D. EXEMPTIONS
The following telecommunications facilities and uses are exempt from the requirements of this section but shall comply with Section 1915: Essential Services as defined in Section 201 of the Zoning Ordinance, police, fire, ambulance, and other emergency dispatch; amateur (ham) radio, citizens-band radio, single-use local business radio dispatch, television antennas for home use, or temporary mobile facilities for television or radio broadcasts ("Exempt Facilities").
No FCC-licensed telecommunications facility or use shall be considered exempt from this section for any reason, whether or not said facility or use is proposed to share a tower or other structure with Exempt Facilities.
No permit shall issue to an applicant for the construction, alteration, modification, installation or operation of any telecommunication facility prior to a completed application being received by the Township; site plan approval from the Planning Commission; the granting of a conditional use from the Board when applicable; a letter of intent to allow co-location of telecommunications facilities being received by the Township, the removal bond (or other financial security) being received by the Township; proof of telecommunications facility insurance; the deposit of escrow funds and payment of all fees due to the Township.
An applicant for a telecommunications facility shall be a telecommunications provider, or must have a letter of intent or an executed contract to provide land or facilities to such an entity. A permit shall not be granted for a facility built on speculation of a future letter of intent or contract with a telecommunications provider. A permit shall be granted only for a telecommunications facility with a user that has a current FCC license.
A. TELECOMMUNICATIONS USE
Telecommunications use shall be considered a principal use of the property and is also permitted as an additional use on the property so long as the existing principal use on the property is a permitted use in the district or a lawful nonconforming use. The existing principal use need not be affiliated with the telecommunications provider.
B. USE PERMITTED BY RIGHT
A.new telecommunications facility attached to an existing telecommunication facility is a permitted use by right and may be located in any zoning district.
C. USE PERMITTED BY CONDITIONAL USE
Telecommunications facilities may be a permitted use by conditional use upon compliance with the provisions of this section on parcels of land located on Bucks County Tax Map Parcel Numbers 41-13-62-1 and 41-22-81-2.
In addition, Telecommunications Facilities may be permitted by conditional use on all PECO or PECO Energy high voltage electricity transmission towers in Solebury Township, and on all sites approved by Solebury Township for the establishment of Telecommunication Facilities prior to the adoption of this Ordinance.
Previously designated zoning districts wherein a telecommunications facility use was permitted as set forth in paragraphs 2. and 3. of Ordinance No. 98-0-171 and which are not herein provided for, shall no longer be available as a siting location of a telecommunications facility.
All applicants for telecommunications facilities permits shall include the following information, as it applies to the specific type of telecommunications facility applied for, in addition to requirements of the Zoning Ordinance for uses by conditional use:
A. The legal name, address, and telephone number of the applicant, tower or structure owner (if other than applicant), and landowner(s) of record. If the applicant, tower or structure owner or landowner is not a natural person, the name and address of the company, the type of business entity, the state in which the company is incorporated and has its principal office. Written permission of the tower or structure owner and landowner(s) to apply for the conditional use permit shall be submitted along with written permission from the tower or structure owner and landowner(s) allowing the Township's independent consultant(s) to conduct any necessary site visit(s).
B. The name, address and telephone number of the person to be contacted with regard to the application. Notice, orders, and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant's registered agent.
C. The name, address, and telephone number of someone who is available on a 24-hour basis that is authorized to act in the event of an emergency regarding the structure or safety of the telecommunications facility.
D. A copy of the applicant's letter of intent or executed contract with the telecommunication service provider if the applicant is not the provider.
E. Applicant shall notify all individuals or entities owning real estate within 1500 feet of the proposed telecommunications facility. Such notice shall be made by regular mail to the landowner's last known address. The address on the tax rolls shall be considered the last known address. Such notice shall be mailed within 15 days of the submission of the application. Verification of mailing, including a copy of the names, addresses and Tax Parcel Nos. of each person to whom the notice was mailed shall be given to the Township within 15 days of submission. Notice of the Conditional Use Hearing date shall be mailed to each of the persons listed on the verification.
F. A report from a qualified and Pennsylvania-licensed professional engineer(s) that:
1. Describes the telecommunications facility height, design, elevation, width, support system including the reasons for use or non-use of guy wires.
2. Documents the height above grade for all proposed mounting positions for antennas to be co-located on a tower or structure and the minimum separation distances between antennas.
3. Describes the tower or structure's proposed capacity, including the number, height, and type(s) of antennas that the applicant expects the tower or structure to accommodate.
4. Provides evidence of need, as described in Section 7 herein.
5. Describes the output frequency, number of channels and power output per channel for each proposed antenna.
6. For each antenna, describes the antenna gain (projected and maximum), polarization and radiation pattern (composite pattern for an antenna array), the power input to antenna(s), including power input in normal use and at maximum output for each antenna and for all antennas as an aggregate if tower is fully utilized.
7. Describes the output frequency of the transmitter(s).
8. For a telecommunications facility with multiple emitters, describes the results of an intermodulation study to predict the interaction of the additional equipment with existing equipment.
9. Demonstrates the tower or structure's compliance with accepted structural engineering standards and if an existing tower or structure, that it is structurally able to receive the proposed addition. Any tower or structure shall be designed and constructed in accordance with the most current Telecommunications Industries Association (TIA) Electronic Industries Association (EIA) Standard 222-F "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" and all applicable requirements of the Solebury Township Building Code. The proposed tower or structure must be designed and constructed so as to be able to withstand wind gusts of at least one hundred (100) miles per hour with no ice and 78 mile per hour basic wind speed with .5-inch radial ice.
10. Provides proof that at the proposed site the applicant will be in at least minimum compliance with all federal, state, and local regulations, standards and requirements, the basis for such representation and a statement that the applicant commits to continue to maintain such compliance with both radio frequency interference (RFI) and radio frequency radiation (RFR) standards (including all Environmental Assessments and Historic Preservation requirements) and that such compliance is within the limitations of the latest standards set by the following oversight organizations:
The American National Standards Institute (ANSI-C95-1, as amended);
The Institute of Electrical and Electronic Engineers (IEEE-C95.1, as amended);
The National Council on Radiation Protection and Measurements (CRP);
The International Radiation Protection Association (IRPA) and the FCC.
11. Describes any foundations to be built upon which telecommunications facilities are located. Identifies any blasting and earth movement that may be required, and provides plans and elevations of the area to be blasted or affected and describes the steps to be taken to reduce or eliminate potential effects of the blasting, insurance for any claims as a result of property damage due to blasting, including vibrations and impacts to foundations, wells and other structures in the area. Provides a plan to identify abutters prior to blasting. The Board may, in its discretion, require the Applicant to notify additional property owners prior to blasting that may be sufficiently close to the proposed location and may reasonably require additional information related to such site preparation.
12. Includes other information required by the Board that is necessary to evaluate the request and its impact upon the health and safety of the residents of the Township.
G. For a tower or structure, a letter of intent committing the tower or structure owner and future tenant(s) to permit shared use of the tower or structure by other telecommunications providers, without discrimination, if the additional users agree to meet reasonable terms and conditions for shared use, including compliance with all applicable FCC regulations, standards, and requirements and provisions provided herein.
H. For a telecommunications facility to be installed on an existing tower or structure, a copy of the applicant's letter of intent or executed contract with the owner of the existing tower or structure.
I. To the extent required by the National Environmental Policy Act (NEPA) and as administered by the FCC, a complete Environmental Assessment (EA) draft or final report describing the expected impacts of the proposed telecommunications facility. To the extent the applicant claims that an EA is not required, it should provide an explanation as to why an EA is not required in the form of an opinion, ruling, or other certification from the FCC.
J. Proof of compliance with Section 106 of the National Historic Preservation Act, as amended, and with the Advisory Council on Historic Preservation's regulations under the Act.
K. Detailed plans for emergency power generation, including:
1. Demonstration of percent of electrical demand being proposed in event of loss of commercial power.
2. Type of fuel, storage method, and expected means and frequency of fuel delivery to the site for power generation.
3. Amount of generator time, based on historical power reliability for the area of the telecommunications facility, proposed frequency and duration of tests, and description of muffler system and methods for noise abatement.
4. Feasibility of wind and/or solar power in conjunction with storage batteries.
L. Two cross-sections of the proposed telecommunications facility, drawn at right angles to each other, showing any guy wires or supports. This shall show the proposed height of the tower or structure above the average grade at the base. This shall also show all proposed antennas, including their location on the tower or structure as well as all electrical wires, cables, and support equipment.
M. A professional structural engineer's written description of the proposed tower or structure and its capacity to support additional antennas or equipment at different heights and the ability of the tower or structure to be shortened if future telecommunications facilities no longer require the original height.
N. An Existing Conditions Plan and Proposed Site Plan as defined in Section 6.5.C. and D. herein.
O. All pertinent submittals and showings pertaining to: FCC permitting/licensing; Environmental Assessments and Environmental Impact Statements; FAA Notice of Construction or Alteration; aeronautical studies; all pertinent data, assumptions, and calculations relating to service coverage; and all pertinent calculations and/or measurement data related to non-ionizing radiation emissions and exposure, regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.
P. An emergency plan to be implemented in the event that the tower or structure is deemed unsafe after inspection as described in Section 1916.E and F. herein. The plan shall include measures to warn abutting landowners of an unsafe situation, to evacuate a zone where injury or property damage may occur, and to notify local authorities.
Q. Details of proposed method of financial surety as required in Section 1919 E and 1920. (Abandoned, Unused, Obsolete, Damaged, or Dangerous Telecommunications Facility or Portions of Telecommunications Facility) herein.22
Site plan applications for telecommunications facilities shall include the following information:
A. Location Map: a copy of a portion of the most recent USGS Quadrangle map showing the area within at least a two-mile radius of the proposed telecommunications facility site, including the exact latitude and longitude (degrees, minutes, seconds to the nearest tenth).
B. Vicinity Map at a scale of no smaller than 1 inch = 416 feet (or metric equivalent 1:5,000) with contour intervals no greater than 10 feet (or 3 meters) showing the entire vicinity within a 2,500-foot radius of the telecommunications facility site, topography, public and private roads and driveways, buildings and structures, water bodies, wetlands, landscape features, historic sites, and habitats for endangered species. It shall indicate the property lines of the proposed telecommunications facility site parcel and all access easements or rights of way needed for access from a public way to the site, and the names of all abutters or property owners along the access easement or who have deeded rights to the easement.
C. Existing Conditions Plan: A recent survey of the area within 500 feet of the telecommunications facility site at a scale no smaller than 1 inch = 40 feet (1:480 or metric equivalent 1:500) with topography drawn with a minimum of 5 feet (1.5 meters) contour intervals, showing existing utilities, property lines, existing buildings or structures, wooded areas, existing water wells and springs. It shall show the boundary of any wetlands or flood plains or watercourses, and of any bodies of water included in the Official Flood Hazard Area within 500 feet from the tower or any related facilities or access ways or appurtenances. The survey plan shall have been completed, on the ground, by a Pennsylvania-registered land surveyor no more than two years prior to the application date.
D. Proposed Site Plans of the entire telecommunications facility site, indicating all improvements at the same scale as or larger than the Existing Conditions Plan showing the following:
1. Proposed tower or structure location and any appurtenances, including supports and guy wires, if any, and any accessory building(s). It shall indicate property boundaries and setback distances to the base(s) of the tower or structure and the nearest corners of each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements. Where protective fencing is proposed, it shall indicate setback distances from the edge of the fencing.
2. Proposed spot elevations at the base of the proposed tower or structure and at the base of any guy wires, and the corners of all appurtenant structures.
3. Proposed utilities, including distance from source of power, sizes of service available and required locations of any proposed utility or telecommunications lines.
4. Any direct or indirect wetlands alteration proposed.
5. Detailed plans for drainage of surface and sub-surface water, to control erosion and sedimentation both during construction and as a permanent measure.
6. Plans indicating locations and specifics of proposed screening, landscaping, grading, ground cover, fencing, and additional information that may be required; any exterior light(s) or sign(s).
7. Plans of any proposed access driveway or roadway and parking area at the telecommunication facility site. This shall include grading, drainage, and traveled width. This shall also include a cross-section of the access drive indicating the width, depth of gravel, paving or surface materials.
8. Plans showing any changes to be made to an existing telecommunications facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result of a proposed modification of said facility.
9. Horizontal and radial distances of proposed antenna(s) to nearest point on property line, and to the nearest primary or secondary residence, school, hospital, senior center, child care facility, religious structure, or any other public building or any other building used for public assembly.
E. Proposed details of the telecommunications facility including the following:
1. Ground attachments, specifications for anchor bolts and other anchoring hardware for tower or structure.
2. Proposed exterior finish and color of the tower or structure, building(s) and other portions of the telecommunications facility.
3. The relative height of the tower or structure to the tops of surrounding trees, as they presently exist and the height to which they are expected to grow in 10 years.
F. Proposed plans of telecommunications facility building(s) showing the following:
1. Floor plans and cross sections at a scale of no smaller than 3 inch = 1 foot (1:48) of any proposed appurtenant structure.
2. Elevation views, indicating exterior appearance and materials.
G. Proposed equipment plan elevations, sections and details at a scale no smaller than 1 inch = 10 feet showing the following:
1. Number of antennas and repeaters, as well as the exact locations of antenna(s) and of all repeaters (if any) located on a map, as well as by degrees, minutes, and seconds to the nearest tenth of latitude and longitude.
2. Mounting locations on tower or structure, including height above ground.
3. Identification of all mounting frames, arms, brackets or other devices or equipment used to hold antennas and other equipment in place.
4. Identification of all equipment or devices either attached to the structure or on the ground.
H. Visibility Maps and Visual Analysis: The applicant shall provide photographs with a simulation of the proposed telecommunication facility. Photographs shall show views towards the proposed site, from a two-mile radius around the site, at forty-five-degree intervals. A minimum of eight views should be presented.
The applicant shall also develop and submit to the Planning Commission a written analysis of the visual impact of the proposed tower by a registered landscape architect. This analysis shall include photographs of the balloon test, as described in Section 1913.1. taken from at least 10 different perspectives within the Township and any other visual analysis it may have developed or processed.
I. Balloon Test: Within thirty-five days of submitting an application, applicant shall arrange to fly, or raise upon a temporary mast, a three-foot-diameter, brightly colored balloon at the maximum height of the proposed tower and within fifty horizontal feet of the center of the proposed tower. The date, time, and location of this balloon test shall be advertised by the applicant at 7 and 14 days in advance of the test date in the local newspaper. The applicant shall inform the Board, the Planning Commission, and abutting property owners in writing of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least six consecutive hours, between 7 a.m. and 5 p.m. (and/or at least two hours before sunset as posted for the test dates by the National Weather Service) on the dates chosen. In the event of application for co-location at an existing telecommunications facility, the applicant shall be exempt from this balloon test. The applicant shall record the weather during the balloon test including the wind velocity and direction.
J. Construction sequence and time schedule for completion of each phase of the entire project.
