(a) The applicant shall present and discuss a propagation study showing weaknesses or gaps in wireless communications coverage within a two-mile radius of the proposed location of the facility. This study shall be accompanied by a mapping of existing and planned antenna support structures within a three-mile radius of the proposed location.
(b) The applicant shall present and discuss existing and suitable antenna support structures within a one-fourth-mile radius of the proposed facility which could also provide coverage of those gaps in wireless communications identified in the propagation study.
(c) The Board may deny the application for the facility if the applicant has not made a good faith effort to obtain permission to locate wireless communications antennas on one or more existing and suitable antenna support structures.
(d) The Board may proceed to process the application for the facility if the applicant can document that:

[1] There are no other existing and suitable structures available; or
[2] The applicant has been denied permission, for reasons other than economic ones, to locate wireless communications antennas on existing and suitable structures.

(e) The applicant shall describe the growth possibilities for networking wireless communications facilities within and near the Township with regard to:

[1] Existing and suitable antenna support structures;
[2] Plans to address the networking needs of wireless communications providers.

(f) The applicant shall provide competent evidence and testimony by a radio frequency engineer regarding the suitability of alternate facility locations versus the proposed facility location with respect to design and construction standards for a wireless communications network in § 370-151B(1).

Site plan. A scaled site plan shall be submitted with the application for the commercial wireless communications facility.

(a) The site plan, prepared by a Pennsylvania-registered professional land surveyor and professional engineer, shall clearly indicate adjacent zoning and land uses; adjacent parcels; structures and owners; adjacent roadways; rights-of-way; electrical transmission lines; the location, type, method of construction, and height of the proposed antenna support structure and associated wireless communications facility structures and features, including buildings, fencing, landscaping, parking, and driveway access; any other information deemed necessary to assess compliance with this article.
(b) The site plan shall also comply with Schuylkill Township's Individual Lot Grading/Plot Plan Requirements checklist.

Visual impact. The applicant or facility owner shall minimize the visual impact of the commercial wireless communications facility and its antenna support structure through appropriate selection of location, landscaping and aesthetic design.

(a) Proposed location. The facility and its antenna support structure shall be located on a site where the facility and the antenna support structure are least visible from residential areas, public roads, and other areas frequented by the public.
(b) Proposed design. The design of the facility's antenna support structure, buildings, equipment, accessory structures and facilities shall use materials, colors, textures, screening and landscaping [§ 370-151B(9)] that will aesthetically blend with the natural setting and the built environment.
(c) Visual impact study. A visual impact study shall be submitted which graphically simulates through models, computer-enhanced graphics or similar techniques the appearance of the proposed antenna support structure and indicates its view from at least five locations around and within one mile of the proposed antenna support structure where the antenna support structure will be the most visible. Aerial or satellite photographs within one mile of the proposed facility shall also be included.
(d) National Historic Preservation Act. The applicant shall provide proof to the Township that it has complied with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f, and has reviewed the effects of the proposed wireless communications facility on local historic resources that are included in, or eligible for inclusion in, the National Register of Historic Places.

 

FCC licenses and permits. The applicant shall demonstrate that it is a wireless communications provider currently licensed by the FCC. In the case of those companies that own and erect antenna support structures for lease to such companies, the applicant shall show it has one or more letters of intent from FCC-licensed wireless communications providers [§ 370-151B(24)(c)] to locate wireless communication antennas at the proposed commercial wireless communications facility. As part of the application, the applicant shall also provide to the Township:

(a) Copies of all FCC applications, permits, approvals, licenses and site inspection records. Such information shall be accompanied by a certification signed by two officers of the applicant indicating that the information being supplied is true and correct to the best of their knowledge, information and belief.
(b) Copies of all applicable federal regulations which the applicant is required to comply with, and a schedule of estimated FCC inspections.
 

Radio frequency emissions report. A report shall be produced by a radio frequency engineer confirming that the radio frequency emissions generated by the proposed facility will comply with FCC regulations and standards.

Properties impact report. A report shall be produced by the applicant addressing the potential impacts associated with constructing the commercial wireless communications facility, including appropriate mitigation measures if negative impacts are expected to occur on surrounding properties.

Maintenance. The applicant shall submit in writing the anticipated maintenance needs of the commercial wireless communications facility, including frequency of service, personnel needs, equipment needs, and any traffic safety and noise impacts of such maintenance. The applicant shall be responsible for maintaining the facility in the manner described and agreed to by the Board at the hearing.

Supporting information. The following information also shall be supplied by an applicant desiring to construct a commercial wireless communications facility:

(a) Certificate of insurance: issued to the owner/operators evidencing that there is adequate liability insurance in effect insuring against liability for personal injuries, death and property damage caused by the facility;
(b) A copy of the lease or other written agreement with the property owner, confirming that the applicant has standing to file the application for the proposed facility and also maintain the facility following its approved construction;
(c) Operation and maintenance contacts. The names of the primary and secondary contact persons responsible for facility operation and maintenance, and the address, telephone, e-mail and other contact information for each person.

Building permit. Before a building permit is approved for the applicant's proposed wireless communications facility, the Township must receive and be satisfied with the following:

(a) Soils report. A report complying with the standards of Geotechnical Investigations, ANSI/EIA-222E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the communications antenna support structure and, if used, anchors for guy wires;
(b) Design certification. A written certification by a Pennsylvania-registered professional engineer, including supporting calculations, that to the best of the engineer's knowledge and belief, the design of the facility, including but not limited to the antenna support structure, wireless communications antennas, supporting communications equipment, security, etc., adheres to the standards and regulations cited in § 370-151B(1);
(c) Letters of intent. Letters of intent by wireless communications providers to install one or more wireless communications antennas on the proposed antenna support structure;
(d) Financial security. A financial escrow amount shall be provided by the applicant to the Township, in a form, amount and minimum term acceptable to the Township, and sufficient to cover the costs associated with demolition and removal of the facility and site restoration, in accordance with § 370-151B(30).

Radio frequency interference. In the event the commercial wireless communications facility causes a measurable interference problem in the Township for a resident, business or organization with respect to radio or television reception, cellular or portable phones, heart pacemakers, garage door openers, other remote controls, and other radio-dependent devices in general use in the Township and in compliance with FCC regulations, the impacted party shall immediately notify the wireless communications facility owner and at the same time so inform the Township. After such notification:

(a) The owner shall then ensure the interference problem is promptly corrected within 72 hours and at the owner's sole expense;
(b) If the interference problem cannot be promptly corrected, the owner shall halt operation of any offending equipment suspected to be the cause of the problem;
(c) In the event that the interference problem continues longer than 72 hours, the Township may require the offending equipment to be dismantled and removed, and the owner may be subject to civil enforcement proceedings.

Annual registration fee. In January of each year the wireless communications facility owner shall pay any registration fee(s) as established from time to time by resolution of the Board of Supervisors.

Annual maintenance program and Inspection.

(a) Annually, the wireless communications facility owner shall submit to the Township:

[1] Proof of maintenance activity on the facility which has occurred during the last 12 months;
[2] An inspection report submitted by a qualified professional engineer as required by the ANSI/TIA-222-E codes, supported by proof of an annual inspection of the facility, especially the antenna support structure and wireless communications antenna(s).

(b) Any structural faults noted in an inspection report concerning the antenna support structure, antennas or appurtenances shall be immediately corrected by the owner. If such faults are not immediately corrected, the Board of Supervisors may require removal of the facility in accordance with § 370-151B(30).
(c) In the event the annual inspection referred to above is not performed in a timely manner, or if the owner fails to make the necessary repairs, or if the owner fails to remove the facility when directed by the Board, the owner shall be subject to civil enforcement proceedings.

Annual report by the wireless communications facility owner. In January of each year, the owner shall provide the Township with the following information concerning the commercial wireless communications facility:

(a) Contact information (name, address, telephone, email) for the following parties:

[1] Two facility owner/operator/applicant representatives;
[2] Primary and secondary maintenance persons;
[3] A principal contact and an emergency contact for each wireless communications provider using the facility;
[4] Owner of the property on which the facility is located.

(b) The location of the facility by geographic coordinates, indicating the latitude and longitude;
(c) A copy of the owner's or operator's FCC license or authorization;
(d) A certificate of insurance issued to the owner/operators evidencing that there is adequate liability insurance in effect insuring against liability for personal injuries and death and property damage caused by the facility;
(e) Wireless communications facility technical information as follows:

[1] Height of the antenna support structure;
[2] Height of the wireless communications antenna(s);
[3] The number of transmitters, channels and antenna(s);
[4] Distance to nearest base station;
[5] Output frequency of the transmitter(s);
[6] The type of modulation, digital format and class of service;
[7] Gain of the antenna(s);
[8] The effective radiated power of the antenna(s);
[9] Power input to the antenna(s).

(f) A certification signed by two officers of the owner that the facility is continuing to comply with this chapter and all applicable governmental regulations, including but not limited to output and emission limits established by the FCC.

Abandonment and removal.

(a) Upon the cessation of use or abandonment of the commercial wireless communications facility, the wireless communications facility owner shall be required to notify the Township within 72 hours.
(b) If the nonuse or abandonment persists for a continuous period of six months or longer, the owner shall demolish and/or remove the facility from the land site within six months of such abandonment and/or nonuse.
(c) Upon completion of facility demolition and removal, the facility site shall be cleaned, restored and revegetated to blend with the surrounding vegetation existing at the time of abandonment.
(d) All costs of demolition and/or removal and restoration shall be borne by the wireless communications facility owner.
(e) In the event that the demolition and/or removal and restoration are not performed in a timely manner, the wireless communications facility owner shall be subject to civil enforcement proceedings.

See § 370-151: Wireless communications facilities. for complete detailed information.