Centre Regional Planning Agency - crcog.net6AD7E2DC-ECE4-41CD... · Centre Regional Planning...

Serving the Townships of College, Ferguson, Halfmoon, Harris, Patton and the Borough of State College The Centre Region is a Bicycle Friendly Community

Centre Regional Planning Agency

2643 Gateway Drive, Suite #4 State College, PA 16801 Phone (814) 231-3050 www.crcog.net

CENTRE REGIONAL PLANNING COMMISSION AGENDA

Centre Region Council of Governments Office Building

2643 Gateway Drive

Thursday

December 1, 2016

6:30 p.m.

1. CALL TO ORDER – Ms. Strickland will convene the meeting.

2. APPROVAL OF MINUTES – November 3, 2016 joint CRPC and COG Transportation

and Land Use (TLU) Committee meeting

3. CITIZENS’ COMMENTS – For items not on the agenda

4. REGIONAL INTEREST ITEMS – Commission members will report on activities.

5. CRPA ACTIVITY REPORT – Mr. May will report on items of interest from the CRPA

Activity Report.

6. CONSENT AGENDA

a. Wireless Communication Facilities Ordinance – College Township

b. Self-Storage Facilities in the Planned Airport District (PAD) – Patton Township

c. Nursing Homes in the Planned Airport District (PAD) – Patton Township

7. GUEST PRESENTATIONS

a. None.

8. ACTION AGENDA

a. None.

9. POLICY AGENDA

a. Final Draft – State of Housing Report – Centre Region

b. Final Draft – Potential Expansion of the Beneficial Reuse Water System – Centre

Region

http://www.crcog.net/

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/CRPA_Activity_Report_Nov_2016.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/CRPA_Activity_Report_Nov_2016.pdf

Centre Regional Planning Commission

December 1, 2016

of 13

10. COMMITTEE AND LIAISON REPORTS

a. Centre County Metropolitan Planning Organization (CCMPO) Report – Mr. Eich

will report on activities of the CCMPO Coordinating Committee.

b. Water Liaison’s Report – Mr. Hoffman will report on recent activities of the State

College Borough Water Authority.

c. Millbrook Marsh Nature Center Advisory Committee – Ms. Strickland will report

on recent activities of the Millbrook Marsh Nature Centre Advisory Committee.

d. University Area Joint Authority (UAJA) Liaison’s Report – Ms. Bressler will

report on recent activities of the UAJA.

11. OTHER BUSINESS

a. Matter of Record – CRPC Comment Letters from the November 3, 2016 meeting:

Churches and Other Places of Worship in the Planned Airport District

(PAD) – Patton Township

Amendments to the Inclusionary Housing Ordinance – Borough of State

College

b. Matter of Record – Enclosed is “A Guide to Federal Religious Land Use

Protections” from the U.S. Department of Justice Civil Rights Division. This was

provided to Patton Township during the amendment to the Planned Airport

District to permit churches and other religious institutions. The Guide provides

good information for municipalities to consider when planning for churches and

religious institutions. A recommended definition of “Churches and Other Places

of Worship” from the Patton Township Solicitor is also enclosed.

c. Matter of Record – On November 17, 2016, CRPA staff met with representatives

of the University Area Joint Authority (UAJA) and Herbert, Rowland & Grubic,

Inc. (HRG) consultants to discuss the following Special Studies:

Potential expansion of Beneficial Reuse waterlines to Harris Township.

Installation of a pump station, a gravity sewer main, and a force main in

Patton Township

See the CRPA’s November Activity Report for full details.

d. Matter of Record – Benner Township has formally requested public sewer service

from the UAJA for portions of the Township inside the Centre Region’s Regional

Growth Boundary and Sewer Service Area. This item will be discussed in detail

with the COG Public Services and Environmental Committee at its December 1,

2016 meeting.

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/CRPC_Comments_-_Patton_Township_Places_of_Worship_in_the_PAD.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/CRPC_Comments_-_Patton_Township_Places_of_Worship_in_the_PAD.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/CRPC_Comments_-_SCB_Inclusionary_Housing_Ordinance.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/CRPC_Comments_-_SCB_Inclusionary_Housing_Ordinance.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/Item_11.b_A_Guide_to_Federal_Religious_Land_Use_Protections.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/Item_11.b_A_Guide_to_Federal_Religious_Land_Use_Protections.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/Item_11.b_Patton_Twp_Solicitor_Memo_RLUIPA.pdf

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/Item_11.b_Patton_Twp_Solicitor_Memo_RLUIPA.pdf


December 1, 2016

of 13

e. Matter of Record – The application submittal for the CRPA part-time Planner

position will close on December 2, 2016. The CRPA recruited at the PSU GIS

Day conference on November 14, 2016 with the Community and Economic

Development Program at PSU and Indiana University of Pennsylvania.

a. Matter of Record – The CRPC will next meet on February 2, 2017 at 6:30 p.m. in

the COG Building Forum Room. Items on the agenda include the organizational

meeting, follow up on potential amendments to the CHIP process, and a

presentation on the Slab Cabin Run Initiative by Kevin Abbey, Land Conservation

Manager at ClearWater Conservancy.

12. ADJOURNMENT


December 1, 2016

of 13

ITEM 6a.

WIRELESS COMMUNICATION FACILITIES ORDINANCE –

COLLEGE TOWNSHIP – presented by Mark Holdren

This report provides information on the Wireless Communication Facilities Ordinance, which

modifies existing regulations in College Township with regard to wireless communication

facilities.

THE ISSUE

In light of changes to state and federal laws regarding wireless communications facilities,

College Township had a consultant review its recently adopted Wireless Communication

Facilities Ordinance to determine compliance with state and federal laws. Following a recent

application for a wireless communications facility in the Township, the consultant suggested

a number of revisions.

OTHER INFORMATION

Several months ago, College Township adopted a revised ordinance regulating Wireless

Communications Facilities. That ordinance went through a number of rounds of review by the

College Township Council and Planning Commission. The ordinance was ultimately adopted,

but it was known at that time there were still inconsistencies that needed to be reviewed by the

Township’s consultants. As such, a final review was done, and the Wireless Communication

Facilities Ordinance is being amended as attached.

Proposed revisions to the ordinance are noted in bold italics or strikethrough. Most of the

revisions made by the Township’s consultants centered on definitions. These changes can be

seen on page 2 and on pages 5-8, and are based solely on terminology used by the Federal

Communications Commission (FCC). Most other revisions were for further clarification of

the previous ordinance language.

PREVIOUS ACTIONS

The CRPC reviewed a previous version of this ordinance and offered comments at that time

regarding the previous ordinance.

CONSISTENCY WITH THE COMPREHENSIVE PLAN

This request is consistent with the Centre Region Comprehensive Plan.

RECOMMENDATION

Staff recommends that the CRPC support this item and direct staff to send a letter indicating

such to the College Township Council.

ATTACHMENT

1. Ordinance O-16-11, Wireless Communication Facilities Ordinance.

COLLEGE TOWNSHIP 1

CENTRE COUNTY, PENNSYLVANIA 2

3

ORDINANCE O-16-11 4

5

WIRELESS COMMUNICATION FACILITIES 6

7

AN ORDINANCE AMENDING CHAPTER 200, ZONING, TO MODIFY 8

REGULATIONS FOR WIRELESS COMMUNICATIONS FACILITIES 9

10 11

BE IT RESOLVED AND ORDAINED, by the College Township Council, Centre County, 12 Pennsylvania, and the authority of the same, does hereby adopt, made this 15

th day of December, 13

2016, by amending the Code of the Township of College, Pennsylvania, with the amendment of 14 Chapter 200, as follows. 15 16 17 Strikethrough = deletion 18 Bold Italics = addition 19

20

SECTION 1 INTENT 21

22

The Wireless Communications Facilities (WCFs) regulations are intended to achieve the 23 following: 24

25 A. To provide a competitive and wide range of communications services; 26

27 B. To encourage the shared use of existing communication towers, buildings, and structures; 28

29 C. To ensure compliance with federal and state regulations; 30

31 D. To promote the health, safety, and welfare of Township residents and businesses with respect to 32

wireless communications facilities; 33 34

E. To address modern and developing technologies including, but not limited to, distributed antenna 35 systems, data collection units, cable Wi-Fi, and other communications facilities; 36

37 F. To establish procedures for design, siting, construction, installation, maintenance, and removal of 38

both tower-based and attached wireless communications facilities in the Township, including 39 facilities both inside and outside of the public rights-of-way; and 40

41 G. To protect Township residents and businesses from potential adverse impacts of wireless 42

communications facilities and preserve, to the extent permitted under law, the visual character of 43 established communities and the natural beauty of the landscape. 44

45

46

College Township Ordinance O-16-11

Wireless Communications Facilities Ordinance FINAL

Page 2 of 23

SECTION 2 DEFINITIONS 47

48

Amend § 200-7, Definitions, as follows: 49

50

“ALTERNATIVE WIRELESS COMMUNICATIONS STRUCTURE – A new manmade 51 structure located wholly outside of the public right of way that supports communication 52 antennas which are concealed or camouflaged from view by unobtrusively blending in 53 aesthetically with the surrounding environment. Such structures include simulated trees, 54 clock towers, bell steeples, flagpole, silos. For regulatory purposes, such structures shall 55 be considered attached wireless communications facilities. 56

57

ESSENTIAL SERVICES – Facilities for the distribution of utility services, including gas, 58 electric, steam, water and sewerage, excluding communications facilities and communication 59 towers wireless communication facilities. 60 61

STEALTH DESIGN – Camouflaging methods applied to wireless communication facilities, 62 Communications Antennas, and other facilities that render them more visually appealing and 63 virtually indistinguishable to the casual observer from the structure that it is mounted to. 64 Such methods include, but are not limited to, using architectural materials to screen the WCF 65 from view, painting the WCF to match the building or structure they are mounted to, 66 designing and constructing the WCF in a manner to resemble another object such as a 67 flagpole, clock tower, decorative street light, chimney, grain silo, etc. 68

69

WIRELESS COMMUNICATIONS FACILITIES, TOWER-BASED - Any ground-mounted 70 wireless support structure communications tower that is designed and constructed primarily 71 for the purpose of supporting one or more communications antennas for wireless 72 communications purposes, including self-supporting lattice towers, guyed towers, or 73 monopole towers. The term includes the wireless support structure communications tower 74 and any related equipment. 75 76 WIRELESS COMMUNICATIONS TOWER – Any structure built for the sole or primary 77 purpose of supporting any Federal Communications Commission-licensed or authorized 78 antennas and their associated facilities. 79

80

WIRELESS SUPPORT STRUCTURE – A freestanding structure, that is primarily 81 constructed to support the placement or installation of a communications antennae, such as a 82 guyed or self-supporting monopole or tower, electrical transmission tower, water tower or 83 other structure not classified as a wireless support structure, that could support the 84 placement or installation of wireless telecommunications facilities, if approved by the 85 Township. 86

87

88 89 90 91



Page 3 of 23

SECTION 3 GENERAL REQUIREMENTS 92

93

Amend § 200-39.1, Wireless Communication Facilities as follows: 94

95

“§ 200-39.1. Wireless Communication Facilities (WCFs). 96

97

In addition to all other applicable regulations of this chapter, Wireless Communication Facilities 98 (WCFs) shall be regulated as follows: 99

100

A. General. The following regulations shall apply to all Wireless Communications Facilities, 101 regulations specific: 102 103 (1) Standard of Care. Any WCFs shall be designed, constructed, operated, maintained, 104

repaired, modified, and removed in strict compliance with all current applicable 105 technical, safety, and safety-related codes including, but not limited to, the most 106 recent editions of the American National Standards Institute (ANSI) Code, National 107 Electrical Safety Code, National Electrical Code, as well as the accepted and 108 responsible workmanlike industry practices of the National Association of Tower 109 Erectors. Any WCFs shall at all times be kept and maintained in good condition, 110 order, and repair by qualified maintenance and construction personnel, so that the 111 same shall not endanger the life of any person or any property in the Township. 112

113 (2) Wind. Any WCF structures shall be designed to withstand the effects of wind 114

according to the standard designed by the ANSI, as prepared by the engineering 115 departments of the Electronics Industry Association, and Telecommunications 116 Industry. 117

118

(3) Public Safety Communications. No WCF shall interfere with public safety 119 communications or the reception of broadband, television, radio, or other 120 communication services enjoyed by occupants of nearby properties. 121

122 (4) Maintenance. The following maintenance requirements shall apply. 123

124 (a) Any WCFs shall be fully automated and unattended on a daily basis and shall be 125

visited only for maintenance or emergency repair. 126 127

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order 128 to promote the safety and security of the Township’s residents. 129

130 (c) All maintenance and activities shall utilize the best available technology for 131

preventing failures and accidents. 132 133

(d) Any graffiti on the WCF or any accessory equipment shall be removed at the sole 134 expense of the owner within ten (10) business days of notice of the existence of 135 the graffiti. 136



Page 4 of 23

137 (5) Radio Frequency Emissions. No WCF may, by itself or in conjunction with other 138

WCFs, generate radio frequency emissions in excess of the standards and regulations 139 of the Federal Communications Commission (FCC) including, but not limited to, the 140 FCC Office of Engineering Technology Bulletin 65, entitled “Evaluating Compliance 141 with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic 142 Fields,” as amended. The Applicant shall provide, upon request, a statement from a 143 qualified licensed and professional registered engineer that the Non-Ionizing 144 Electromagnetic Radiation (NIER) emitted from the WCF, when measured in 145 conjunction with the emissions from all communications antennas on the tower, does 146 not result in an exposure at any point on or outside such facility that exceeds the 147 lowest applicable exposure standards established by the FCC or the ANSI. 148

149 (6) Historic Buildings or Districts. No WCF may be located on or within two hundred 150

(200) feet of a site that is listed on the historic register or in an officially designated 151 state or federal historic district. 152

153 (7) Identification and signs. All WCFs shall post a notice in a readily visible location 154

identifying the name and phone number of a party to contact in the event of an 155 emergency, subject to approval by the Township. The notice shall not exceed two (2) 156 square feet in gross surface area and shall be maintained by the contact party. No 157 other signs or form of advertisement shall be permitted on the WCF and related 158 equipment except for “No Trespassing” signs placed on security fencing or related 159 equipment in accordance with Chapter 170. 160

161

(8) FCC License. Each person that owns or operates a WCF over forty (40) feet in height 162 shall submit to the Township, a copy of its current FCC license, including the name, 163 address, and emergency telephone number for the operator of the facility. 164

165

(9) Lighting. All WCFs shall not be artificially lighted, except as required by the Federal 166 Aviation Administration and as may be approved by the Township. If lighting is 167 required, the Applicant shall provide a detailed plan for sufficient lighting, 168 demonstrating as unobtrusive and inoffensive an effect as is permissible under state 169 and federal regulations. No flag that requires lighting shall be located on the structure. 170

171

(10) Noise. All WCFs shall be operated and maintained in accordance with 172 manufacturer’s specifications so as not to produce noise in excess of applicable 173 noise standards under state law and Chapter 93, Disorderly Conduct, of the College 174 Township Code of Ordinances, except in emergency situations requiring the use of a 175 backup generator, where such noise standards may be exceeded on a temporary basis 176 only, not to exceed sixty (60) days total within a calendar year. 177

178

(11) Aviation Safety. All WCFs shall comply with all federal and state laws and 179 regulations concerning aviation safety. 180

181

(12) Retention of Experts. The Township may hire any consultant(s) and/or expert(s) 182



Page 5 of 23

necessary to assist the Township in reviewing and evaluating the application for 183 approval of the WCFs and, once approved, in reviewing and evaluating any potential 184 violations of the terms and conditions of this Article. The Applicant and/or owner of 185 the WCFs shall reimburse the Township for all costs of the Township’s consultant(s) 186 in providing expert evaluation and consultation in connection with these activities. 187

188

(13) Non-Conforming Uses. Non-conforming WCFs that are hereafter damaged or 189 destroyed due to any reason or cause may be repaired and restored at their former 190 location, but must otherwise comply with the terms and conditions of this Article. Co-191 location of facilities may be permitted on non-conforming structures in accordance 192 with standards established in the Pennsylvania Wireless Broadband Collocation Act. 193

194

(14) Insurance. Each Person that owns or operates a WCF shall provide the Township with 195 a certificate of insurance evidencing general liability coverage in the minimum 196 amount of $1,000,000 per occurrence and property damage coverage in the minimum 197 amount of $1,000,000 per occurrence covering the WCF. 198

199

(15) Removal. In the event that use of a WCF is planned to be discontinued, the owner 200 shall provide written notice to the Township of its intent to discontinue use and the 201 date when the use shall be discontinued. Unused or abandoned WCFs or portions of 202 WCFs shall be removed, as follows. 203

204 (a) All unused or abandoned WCFs and accessory facilities shall be removed within 205

six (6) months of the cessation of operations at the site unless a time extension is 206 approved by the Township. 207

208 (b) If the WCF and/or accessory facility is not removed within six (6) months of the 209

cessation of operations at a site, or within any longer period approved by the 210 Township, the WCF and accessory facilities and equipment may be removed by 211 the Township and the cost of removal assessed against the owner of the WCF. 212

213 (c) Any unused portions of WCFs, including antennas, shall be removed within six 214

(6) months of the time of cessation of operations. The Township must approve all 215 replacements of portions of a Tower-Based WCF previously removed. 216

217

(16) Inspection. To the extent not deemed by the Pennsylvania Public Utility Commission 218 to be a “public utility,” the Township reserves the right to inspect any WCF to ensure 219 compliance with the provisions of this Article and any other provisions found within 220 the Township Code of Ordinances or state or federal law. The Township and/or its 221 agents shall have the authority to enter the property upon which a WCF is located at 222 any time, upon reasonable notice to the operator, to ensure such compliance. 223

224 (17) Modification of existing WCFs. The replacement or modification of existing wireless 225

communication facilities on an existing wireless support structure, an existing 226 attached WCF or existing related equipment due to maintenance repair or the 227 technological advancement with equipment composed of the same wind loading and 228



Page 6 of 23

structural loading that is substantially similar in is size, weight and height as the WCF 229 initially installed shall be permitted as follows. 230

231 (a) The removal and replacement of attached WCFs and/or accessory equipment 232

for the purpose of upgrading or repairing the WCF is permitted, so long as such 233 repair or upgrade does not substantially change as defined in § 200-7 the 234 overall size dimensions of the WCF. 235 236

(b) For the purposes of this section of Chapter 200, substantial change or 237 substantially changed shall mean a modification to an existing wireless 238 communications facility substantially changes the physical dimensions of a 239 tower or related equipment if it meets any of the following criteria: 240 241 [1] for tower-based WCF outside of the rights of way it increases the height by 242

more than 10% or by increasing the height of one additional antenna array 243 with separation from the nearest existing antenna, not to exceed 20 feet, 244 whichever is greater; for tower-based WCFs in the rights-of-way, it 245 increases the height of the facility by more than 10% or 10 feet, whichever 246 is greater; 247 248

[2] for communications tower outside the public rights-of-way, it protrudes 249 from the edge of the WCF by more than 20 feet, or more than the width of 250 the tower structures at the level of the appurtenance, whichever is greater; 251 for those communications tower in the public rights-of-way, it protrudes 252 from the edge of the structure by more than 6 feet; 253

254 [3] it involves installation of more than the standard number of new equipment 255

cabinets for the technology involved, but not to exceed 4 cabinets; 256 257 [4] it entails any excavation of deployment outside the current site of the 258

communications tower; or 259 260 [5] it does not comply with conditions associated with prior approval of 261

construction or modification of the communications tower unless the non-262 compliance is due to an increase in height, increase in width, or addition of 263 cabinets. 264

265 (c) Any material modification to a WCF that does not fall under the Pennsylvania 266

Wireless Broadband Collocation Act of the FCC’s October 2014 Report and 267 Order shall require prior amendment to the original permit or authorization. 268

269

(17) Removal, Replacement and Modification. 270 271 (a) The removal, replacement or material modification of a wireless 272

communication facility for the purpose of upgrading or repairing the wireless 273 communication facility shall be permitted provided that the necessary building 274



Page 7 of 23

permits are obtained pursuant to Chapter 82, Building and Construction Code 275 and the repair or upgrade does not substantially change the dimensions of the 276 wireless communication facility. 277 278

(b) For the purposes of this subsection, replacement, modification and substantially 279 change shall have the following definitions: 280 281 MODIFICATION. The improvement, upgrade or expansion of existing 282 wireless telecommunications facilities or base stations on an existing wireless 283 support structure or the improvement, upgrade or expansion of the wireless 284 telecommunications facilities located within an existing equipment compound, 285 if the improvement, upgrade expansion or replacement does not substantially 286 change the physical dimensions of the wireless support structure. 287 288 REPLACEMENT. The replacement of existing wireless telecommunications 289 facilities on an existing wireless support structure or within an existing 290 equipment compound due to maintenance, repair or technological advancement 291 with equipment composed of the same wind loading and structural loading that 292 is substantially similar in size, weight and height as the wireless 293 telecommunications facility installed and that does not substantially change the 294 physical dimensions of the existing wireless support structure. 295 296 SUBSTANTIAL CHANGE. A modification substantially changes the physical 297 dimensions of a wireless communications facility if it meets any of the following 298 criteria: 299

300 (i) for wireless communications towers other than those towers in the public 301 rights-of-way, it increases the height of the tower by more than 10% or by 302 the height of one additional antenna array with separation from the nearest 303 existing antenna not to exceed twenty feet, whichever is greater; for other 304 wireless support structures, it increases the height of the structure by more 305 than 10% or more than ten feet, whichever is greater; 306

307 (A) Changes in height should be measured from the original wireless 308 support structure in cases where deployments are or will be separated 309 horizontally, such as on buildings’ rooftops; in other circumstances, 310 changes in height should be measured from the dimensions of the tower 311 or base station, inclusive of originally approved appurtenances and any 312 modifications that were approved prior to the passage of the Spectrum 313 Act. 314

315 (ii) for wireless communications towers other than those towers in the 316 public rights-of-way, it involves adding an appurtenance to the body of the 317 tower that would protrude from the edge of the tower more than twenty feet, 318 or more than the width of the tower structure at the level of the 319 appurtenance, whichever is greater; for other wireless support structures, it 320



Page 8 of 23

involves adding an appurtenance to the body of the structure that would 321 protrude from the edge of the structure by more than six feet; 322 323 (iii) for any wireless support structure, it involves installation of more than 324 the standard number of new equipment cabinets for the technology 325 involved, but not to exceed four cabinets; or, for towers in the public rights-326 of-way and base stations, it involves installation of any new equipment 327 cabinets on the ground if there are no pre-existing ground cabinets 328 associated with the structure, or else involves installation of ground cabinets 329 that are more than 10% larger in height or overall volume than any other 330 ground cabinets associated with the structure; 331 332 (iv) it entails any excavation or deployment outside the current site; 333 334 (v) it would defeat the concealment elements of the wireless support 335 structure; or 336

337 (vi) it does not comply with conditions associated with the siting approval of 338 the construction or modification of the wireless support structure or base 339 station equipment, provided however that this limitation does not apply to 340 any modification that is noncompliant only in a manner that would not 341 exceed the thresholds identified in §200-39.1A(17)(b)(i)-(iv). 342

343 (18) Proof of Easement. Where the WCF is located on a property with another principal 344

use, the WCF Applicant shall present documentation to Council that the owner of the 345 property and/or structure the WCF is to be collocated on has granted an easement for 346 the proposed WCF and that vehicular access will be provided to the facility. 347

348 (19) Non-Commercial Usage Exemption. Township residents or businesses utilizing 349

satellite dishes and antennae for the purpose of maintaining television, phone, amateur 350 (HAM) radio, and/or internet connections at their respective residences or businesses 351 shall be exempt from the regulations enumerated in this section of the zoning 352 ordinance. 353

354

B. Tower-based wireless communications facilities outside the rights-of-way. The following 355 regulations shall apply to tower-based Wireless Communications Facilities located 356 outside of the Right-of-Way (ROW): 357

358

(1) Location. Tower-based WCFs located outside of a public right of way shall only be 359 permitted in the following zoning districts: 360 361 (a) General Industrial District (I-1). 362

363 (b) University Planned District (UPD), Subdistricts 8, 9, 10, and 11. 364

365



Page 9 of 23

(2) Minimum Lot Area. No minimum lot, lease area and/or license area size is required 366 for a tower-based WCF, except as to comply with the minimum requirements of the 367 zoning district and the regulations herein. 368 369

(3) Setbacks. A tower-based WCF and related equipment shall be setback a minimum of 370 that required of the applicable zoning district, except for the following: No tower-371 based WCFs shall be located closer than 200 feet or 110% of the proposed tower 372 height, whichever is greater, from any existing residential lot line, or vacant lot in a 373 residential zoning district as defined in § 200-10, regardless of zoning district in 374 which the Tower-Based WCF and associated related equipment is located. 375

376

(4) Height. The maximum height of a tower-based WCF shall be 175 feet, measured from 377 the average natural grade of the approved facility area to the top point of the tower or 378 antenna, whichever is greater. 379

380

(5) Combined with Another Use. A tower-based WCF may be permitted on a property 381 with an existing use or on a vacant parcel in combination with another agricultural, 382 industrial, commercial, or municipal use, subject to the following conditions: 383

384 (a) The existing use on the property need not be affiliated with the communications 385

facility. 386 387

(b) The minimum lot size shall be that necessary for the tower-based WCF and any 388 other land use to comply with the lot and setback requirements of the applicable 389 zoning district. 390

391 (c) Minimum Setbacks. The tower-based WCF and accompanying communications 392

facility building shall comply with the requirements for the applicable zoning 393 district, provided that no tower-based WCFs shall be located closer than 200 feet 394 or 110% of the proposed tower-based WCF height, whichever is greater, from any 395 existing residential lot line or vacant lot in a residential zoning district as defined 396 in § 200-10. 397

398

(6) Design and Construction. 399 400

(a) The tower-based WCF shall be designed and constructed as a monopole. Towers 401 shall be galvanized and/or painted with a rust-preventive paint of an appropriate 402 color as determined by the Township to harmonize with the surroundings. Where 403 feasible/appropriate, the tower or antenna shall be constructed to blend in with the 404 surrounding area. 405

406 (b) Any height extensions to an existing tower-based WCF shall require prior 407

approval of the Township subject to the regulations herein if the height is 408 substantially changed as defined above in § 200-39.1A(17). 409

410 (c) Any proposed tower-based WCF shall be designed structurally, electrically, and in 411



Page 10 of 23

all respects to accommodate both the WCF Applicant’s antennas and comparable 412 antennas for at least two additional users if the tower is over one hundred (100) 413 feet in height or for at least one additional user if the tower is over sixty (60) feet 414 in height. Tower-based WCFs must be designed to allow for future rearrangement 415 of antennas upon the tower and to accept antennas mounted at various heights. 416

417 (d) Guy wires are not permitted. The monopole must be self-supporting. 418

419

(7) Fence/Screen. 420 421

(a) A security fence of approved design, of not less than eight (8) feet in height and 422 no greater than ten (10) feet in height, shall completely enclose the tower-based 423 WCFs. The fencing required in this subsection must also have a one-foot 424 (1’) barbed arm slanted at a forty-five (45) degree angle that runs along the entire 425 top of the fence. 426

427 (b) Landscaping, consisting of evergreen plantings that shall reach a height of at least 428

eight (8) feet within five (5) years of planting shall be required at the perimeter of 429 the security fences and WCFs. Existing wooded areas, tree lines, and hedgerows 430 adjacent to the facility shall be preserved and used to substitute or meet a portion 431 of the buffer yard requirements. When the WCF is located in a developed 432 commercial or industrial area, the Township Council may relax the buffer yard 433 regulations in exchange for another type of screening that is compatible with the 434 surrounding land use. 435

436 (8) Accessory Equipment. 437

438 (a) Ground-mounted related equipment associated with, or connected to, a tower-439

based WCF shall be underground, if possible, or located within a building. In the 440 event that an Applicant can demonstrate that the equipment cannot be located 441 underground or enclosed in a building to the satisfaction of the Township 442 Engineer, then the ground-mounted equipment shall be screened from public 443 view. 444

445 (b) All buildings and structures associated with a tower-based WCF shall be 446

architecturally designed to blend into the environment in which they are situated 447 and shall meet the minimum setback requirements of the underlying zoning 448 district. 449

450

(9) Access Road. An access road, turnaround space, and parking shall be provided to 451 ensure adequate emergency and service access to tower-based WCFs. Maximum use 452 of existing roads, whether public or private, shall be made to the extent practicable. 453 Road construction shall at all times minimize ground disturbance and the cutting of 454 vegetation. Road grades shall closely follow natural contours to assure minimal visual 455 disturbance and minimize soil erosion. The vehicular access to the tower-based WCF 456 and Communications Facility Building related equipment shall meet the applicable 457



Page 11 of 23

municipal street standards for private streets and/or driveway standards. Where 458 applicable, the WCF owner shall present documentation to the Township that the 459 property owner has granted an easement for the proposed facility road/driveway. 460 461

C. Tower-based wireless communications facilities inside the rights-of-way. The following 462 regulations shall apply to tower-based wireless communications facilities located in the 463 Public Rights-of-Way (ROW). 464

465

(1) Location. Tower-based wireless communications facilities shall be located only in 466 rights of way if the following conditions are met: 467 468 (a) There is overhead utility infrastructure installed aboveground present in the right 469

of way with the overhead utility infrastructure running parallel to the road in the 470 location of the proposed tower-based WCF, and 471 472

(b) The proposed tower-based WCF is located along the classes of streets noted 473 below, as classified by Chapter 177, Street and Sidewalks. 474

475

[1] Primary arterial streets. 476 477

[2] Secondary arterial streets. 478 479

[3] Collector streets. 480 481

(c) The applicant for a new tower-based WCF in the right of way must demonstrate 482 that the proposed wireless communications equipment cannot be accommodated 483 on an existing structure, such as a utility pole or within the right of way of a road 484 of higher classification than the one proposed. Any application for approval of a 485 tower-based WCF shall include a comprehensive inventory of all existing 486 roadways including their classification, towers and other suitable structures 487 within a one-third mile radius from the point of the proposed tower, unless the 488 Applicant can show to the satisfaction of the Township Council that a different 489 distance is more reasonable, and. The applicant shall utilize the inventory to 490 demonstrate conclusively why an existing roadway of higher classification, tower 491 or other suitable structure cannot be utilized. 492

493 (2) Height. A tower-based WCF shall not exceed forty (40) feet in height, including any 494

height extensions, when located within the ROW. 495 496

(3) Equipment Location. Tower-based WCFs and related equipment shall be located so as 497 not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to 498 otherwise create safety hazards to pedestrians and/or motorists or to otherwise 499 inconvenience public use of the ROW as determined by the Township. In addition: 500

501 (a) In no case shall ground-mounted related equipment, walls, or landscaping be 502

located within eighteen (18) inches of the face of the curb. In the absence of a 503



Page 12 of 23

curb, facilities must be located outside the safe clear zone of the roadway as 504 determined by Public Works Director. 505

506 (b) Ground-mounted related equipment that cannot be undergrounded shall be 507

screened, to the fullest extent possible, through the use of landscaping or other 508 decorative features to the satisfaction of the Township Council. 509

510 (c) Required electrical meter cabinets shall be screened to blend in with the 511

surrounding area to the satisfaction of the Township. 512 513

(d) Any underground vaults related to tower-based WCFs shall be reviewed and 514 approved by the Township. 515

516 (4) Design and Construction. 517

518 (a) The WCFs shall employ the most current stealth design available in an effort to 519

appropriately blend into the surrounding environment and minimize the aesthetic 520 impact. The application of the stealth technology chosen by the WCF Applicant 521 shall be subject to the approval of the Township in accordance with § 200-39.1F 522

523 (b) Any height extensions to an existing tower-based WCF shall require prior 524

approval of the Township to the extent permitted by federal and state law. 525

526

(c) Guy wires are not permitted. The monopole must be self-supporting. 527 528

(5) Additional antennas. As a condition of approval for all tower-based WCFs in the 529 ROW, the WCF applicant shall provide the Township with a written commitment that 530 it will allow other service providers to co-locate antennas on tower-based WCFs 531 where technically and economically feasible. 532

533 D. Attached Wireless Communications Facilities Outside of Right of Way. The following 534

regulations shall apply to all attached Wireless Communications Facilities located outside 535 of the ROW: 536

537 (1) Location. Permitted in all zones attached to any structure except as follows. 538

539 (a) Attached WCF shall not be located on single-family homes, patio homes, 540

duplexes, and townhouses or structures accessory to such. 541 542

(b) Attached WCF shall not be located within a distance equal to 110% the height of 543 the proposed WCF to the lot line of an existing single-family home, patio home, 544 duplex, or townhome as measured between the nearest points of the lot line for the 545 aforementioned structure and any portion of the attached WCF. 546

547 (2) Setbacks. If the WCF applicant proposes to locate the communications equipment in a 548

separate building, said building shall comply with the minimum requirements for the 549



Page 13 of 23

applicable zoning district. 550

551

(3) The highest point of a attached WCF located outside of a right of way shall be no 552 greater than twenty (20) feet above the roof of a building or highest point of a non-553 habitable structure to the extent permissible by law. 554

555

(4) Design regulations. Attached WCFs shall be designed in a manner that the antennas 556 and all related equipment match the supporting structure to which they are attached or 557 designed to minimize visibility in order to limit the aesthetic impact. The following 558 additional regulations shall apply to attached WCFs located in districts other than 559 those enumerated above in § 200-39.1B(1). 560

561

(a) The attached WCFs shall be camouflaged using stealth design as defined 562 described in § 200-39.1F, rendering them unnoticeable to the casual observer. 563

564 (b) Any related equipment placed on the ground shall be located inside a structure 565

that is designed in a manner to resemble other structures typically found within 566 the zoning district where the attached WCF is proposed except as noted below. 567

568

[1] When located on a roof of a structure, the related equipment located on the 569 roof of a structure shall be set back or located to minimize visibility or placed 570 in an enclosure mounted on the roof which matches the architecture in terms 571 of materials and colors of the structure it is located on. 572 573

[2] If the related equipment is proposed to be within 200 feet of the lot line of an 574 existing single-family home, patio home, duplex, or townhome as measured 575 between the nearest points of the lot line for any of the aforementioned 576 structure and any portion of the attached WCF then the related equipment 577 shall be located in an underground vault. However, if the existing single-578 family home, patio home, duplex or townhome is located in a Commercial or 579 Industrial Zoning District as defined § 200-8, the undergrounding of related 580 equipment shall not be required. 581

582

(c) Vehicular access to the communications equipment building shall not interfere 583 with the parking or vehicular circulations on the site for the primary use. 584

585

E. Attached wireless communications facilities in the rights-of-way. The following 586 additional regulations shall apply to all attached wireless communications facilities 587 located in the rights-of-way. 588

589

(1) Location. Attached WCFs shall be permitted in the right of way if there are above 590 ground utilities present or street lights to which the attached WCF can be mounted. 591

592 (2) Design Requirements. 593

594



Page 14 of 23

(a) WCF installations located above the surface grade in the public ROW including, 595 but not limited to, those on street lights and joint utility poles, shall consist of 596 equipment components that are no more than six (6) feet in height and that are 597 compatible in scale and proportion to the structures upon which they are mounted. 598 All equipment shall be the smallest and least visibly intrusive equipment feasible. 599

600 (b) Antennas and all support equipment shall be treated to match the supporting 601

structure. WCFs and accompanying equipment shall be painted, or otherwise 602 coated, to be visually compatible with the support structure upon which they are 603 mounted. 604

605

(3) Equipment Location. Attached WCFs and related equipment shall be located so as not 606 to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to 607 otherwise create safety hazards to pedestrians and/or motorists or to otherwise 608 inconvenience public use of the ROW, as determined by the Township. In addition: 609

610 (a) In no case shall ground-mounted related equipment, walls, or landscaping be 611

located within eighteen (18) inches of the face of the curb. In the absence of a 612 curb, facility must be located outside the safe clear zone of the roadway, as 613 determined by Public Works Director. 614

615 (b) Ground-mounted related equipment shall be located underground. In the event an 616

Applicant can demonstrate, to the satisfaction of the Township Engineer, that 617 ground-mounted related equipment cannot be undergrounded, then all such 618 equipment shall be screened, to the fullest extent possible, through the use of 619 landscaping or other decorative features to the satisfaction of the Township. 620

621 (c) Required electrical meter cabinets shall be screened to blend in with the 622

surrounding area to the satisfaction of the Township. 623 624

(d) Any underground vaults related to attached WCFs shall be reviewed and approved 625 by the Township. 626 627

(4) Height. The highest point of an attached WCF located inside of a right of way shall be 628 no greater than six (6) feet above the structure the communication antenna is mounted 629 on or forty (40) feet as measured from the ground, whichever is greater. 630

631 F. Stealth design requirements. When stealth design is required, WCFs shall be designed in 632

a manner that they blend in with the surrounding environment based upon the method of 633 attachment or mounting of communications antenna noted below. 634

635 (1) Roof-mounted communications antenna. A WCF mounted on the roof of an existing 636

structure shall be concealed from view from the ROW and adjacent property owners 637 through the use of raised parapets, camouflaged to look like an equipment or 638 mechanical penthouse, by setting the antennas back from the edge, or similar method 639



Page 15 of 23

that creates a visual screen from the ROW and adjacent properties. See figure 1 for 640 examples. 641 642

(2) Facade-mounted communications antenna. A WCF mounted to and supported by any 643 part of an existing building or structure other than a roof such as a building wall, 644 mechanical penthouse screen, parapet, column, side elements of a cupola, steeple, bell 645 or water tower or the side elements of similar structures shall be regulated as follows: 646 647 (a) Communication antennas shall be mounted no further than 12 inches away from 648

the side elements of said structure. The antennas may be mounted up to 18 inches 649 away from the wall when the applicant provides evidence demonstrating that the 650 WCF cannot operate without being tilted at a certain angle. 651 652

Figure 1: Clockwise from top left, an omnidirectional antenna concealed with material to resemble

a vent structure; a prefabricated concealment structure to resemble the penthouse on top of a

building; a schematic drawing showing the panel antennas (in green) behind the concealment

structure; cell antennas mounted to a mechanical penthouse setback from the edge of the building

and painted a color similar to that of the mechanical penthouse.



Page 16 of 23

(b) The total surface area of the communications antennas shall not exceed 40 square 653 feet per building wall per wireless carrier. 654 655

(c) (a) The communications antenna shall appear as an integral part of the building 656 by concealing from view the antennas with the use of building material that 657 matches the wall to which the antenna is mounted to or through painting the 658 communications antenna to match the wall to which it is mounted too. 659 660

(d) (b) No part of the communications antenna shall extend above the side element of 661 the structure to which it is attached to. 662

663

(e) (c) Figure 2 illustrates façade mounted antennas. 664 665

Figure 2: Clockwise from top left, communication antennas mounted to side of building concealed

with material to match the façade’s brick pattern; antennas mounted to side of water tank and

painted the same color making them virtually impossible to see; an antenna placed on the façade

of an apartment building and painted similar color as the façade; antennas placed inside of a

cupola behind the louvers.



Page 17 of 23

(3) Pole-mounted. Communications antennas mounted to an existing vertical structural 666 element such as electrical transmission and distribution lines, street lights, traffic 667 signals, flagpoles or similar structures shall be designed as follows: 668 669 (a) The communications antennas mounted on the side of a pole shall be mounted 670

flush to said pole. The communications antennas shall be concealed from view 671 by material sufficient to hide the antenna(s) from view. The overall diameter of 672 the antennas and their concealment shall be no greater than 150% than 150% of 673 the diameter of the pole to which it is mounted to. The same shall apply to any 674 communication antenna(s) mounted on top of the pole. Any extensions to the 675 pole to raise the height of the communications antenna shall maintain the same 676 diameter of pole that is being extended. 677 678

(b) The communication antennas and any associated extension of the pole shall 679 replicate the color and material of the existing pole that the antenna is attached to 680 unless College Township Council or Zoning Officer finds that another color or 681 material would be sufficient. 682

683

(c) See figure 3 for illustrative examples of pole mounted antennas. 684

685 (4) Tower-based wireless communication facility. Where a communication antenna(s) is 686

placed on a wireless support structure communications tower and is required to 687 utilize stealth design, the wireless support structure communications tower shall be 688 designed as a monopole and the communications antennas shall be designed in the 689 same manner as pole-mounted antenna(s) noted above. 690 691

Figure 3: From left, concealed communication antennas mounted on an athletic field light pole; the

outside sheathing has been removed on a flag pole with communication antennas mounted inside

of it; a communication antenna and small extension mounted on a traffic signal pole.



Page 18 of 23

(5) Alternative wireless communication structure. Communication antennas may also be 692 concealed within new freestanding manmade structures that are primarily designed to 693 support communication antenna(s) which are concealed within the building or 694 structure. Examples of such include but are not limited to simulated trees, clock 695 towers, bell steeples, flagpoles and silos. These structures shall have the following 696 design regulations. 697 698 (a) No portion of the communications antenna(s) shall extend beyond the outside 699

edges of the building or structure that is designed to camouflage the antenna(s). 700 701

(b) All portions of the communications antenna(s) shall be concealed and not visible. 702 703

Figure 4: Clockwise from top left, a manmade tree which contains the communication antennas

concealed by the branches of the tree; the clock tower was specifically built so that concealed

communication antennas could be placed in the middle of a college campus; communication

antennas concealed in the upper portion of the bell tower; a non functioning water tower where

communication antennas are placed inside; a silo with a typical tower-based WCF is located

inside.



Page 19 of 23

(c) The overall height of the alternative WCF structure shall not exceed the maximum 704 permitted building height in the respective zoning district plus an additional 705 twenty feet inclusive of all portions of the structure and antenna(s). 706 707

(d) Alternative WCF structures shall be required follow the review procedure 708 established for tower-based WCFs in § 200-39.1G(1) pursuant to Chapter 180, 709 Subdivision of Land. 710

711

(e) The Alternative WCF Structure shall only be permitted in zoning districts where 712 the replicated structure is a permitted primary or accessory use. 713

714

(f) See Figure 4 for illustrative example of alternative WCF structures. 715 716

(6) Replacement of existing structures. Replacement of portions or entire existing 717 structures for the purposes of mounting communication antenna(s) shall be permitted 718 given that the new structure is identical in terms of horizontal and vertical 719 dimensions, and all other regulations within this section are met. 720 721

(6) Maintenance. All WCFs utilizing stealth design shall properly maintain the 722 material used to conceal the communication antennas so that they are not in state 723 of disrepair, considered a safety hazard, or otherwise no longer serve the purpose of 724 camouflaging the antenna. 725 726

F. Procedure. 727 728 (1) All applications for development of a tower-based WCF shall be submitted to the 729

Township via the conditional use process established in Articles I, II and III of 730 Chapter 87, Conditional Uses. In addition, the following information shall be 731 submitted at time of application: 732 733 (a) Evidence of need. The applicant shall submit to College Township evidence of the 734

need for the tower-based WCFs in the proposed location and that the applicant has 735 exhausted all alternatives to locate on an existing tower or structure (co-location). 736 In addition, the applicant must demonstrate via written evidence from a qualified, 737 licensed, professional engineer that, in terms of location and construction, there 738 are no existing towers, infrastructure tower-based WCFs, buildings, structures, 739 elevated tanks, or similar uses able to provide the platform for the antenna within 740 a one-third mile radius or one-mile radius for tower-based WCFs taller than 50 741 feet of the chosen location, unless the applicant can demonstrate to the satisfaction 742 of the Township Council that a different distance is more reasonable. Co-location 743 is not possible if: 744 745 [1] Capacity diagrams and technical reports demonstrate that co-location on an 746

existing tower-based WCF is not technically possible in order to serve the 747 desired need; 748 749



Page 20 of 23

[2] Planned equipment would exceed the structural capacity of existing towers 750 within the Township, considering existing and planned use of those towers, 751 and existing towers cannot be reinforced to accommodate planned or 752 equivalent equipment at a reasonable cost; 753 754

[3] Planned equipment will cause radio frequency (RF) interference with other 755 existing or planned equipment for that tower, and the interference cannot be 756 prevented at a reasonable cost; 757 758

[4] Existing or approved towers do not have the space on which planned 759 equipment can be placed so it can function effectively and at least in parity 760 with other similar equipment in place or planned; and/or 761 762

[5] Other reasons can be demonstrated to the satisfaction of the Township that 763 make it impractical to place the equipment planned by the applicant on 764 existing and approved towers. 765 766

(b) Notice. Upon receipt of a complete application for a tower-based WCF, the 767 applicant shall mail notice thereof to the owner or owners of every property within 768 500 radial feet of the parcel or property of the proposed facility. The applicant 769 shall provide the Township with evidence that the notice was mailed out to 770 applicable property owners. 771 772

(c) State and Federal Regulations. The conditional use application shall also be 773 accompanied by documentation demonstrating that the proposed tower-based 774 WCF complies with all state and federal laws and regulations concerning aviation 775 safety. 776

777 (d) All Applicable Provisions. The conditional use application shall be accompanied 778

by documentation demonstrating that the proposed tower-based WCF complies 779 with all applicable provisions in this section. 780

781 (e) Notice. Upon receipt of a complete application for a tower-based WCF, the 782

Applicant shall mail notice thereof to the owner or owners of every property 783 within five hundred (500) radial feet of the parcel or property of the proposed 784 facility. The Applicant shall provide the Township with evidence that the notice 785 was mailed out to applicable property owners. 786

787

(f) Surrounding Environs. A soil report complying with the standards of Appendix I: 788 Geotechnical Investigations, ANSI/EIA/TIA-222-G manual, as amended, shall be 789 submitted to the Township to document and verify design specifications of the 790 foundation for the tower-based WCFs. 791 792

(g) Timing of Approval. Within thirty (30) calendar days prior that an application for 793 a Tower-Based WCF is filed with the Township, the Township shall notify the 794 WCF Applicant in writing of any information that may be required to complete 795



Page 21 of 23

such application. All applications for tower-based WCFs shall be acted upon 796 within one hundred fifty (150) days of the receipt of a fully completed application 797 for the approval of such tower-based WCF and the Township shall advise the 798 WCF Applicant in writing of its decision. If additional information was requested 799 by the Township to complete an application, the time required by the WCF 800 Applicant to provide the information shall not be counted toward the one hundred 801 fifty (150) day review period. 802 803

(2) All applications for the placement of Attached WCFs require zoning and building 804 permits pursuant to the application and approval procedures for such. 805 806 (a) Timing of Approval. Applications for a collocated or attached WCF that do not 807

fall under the Pennsylvania Wireless Broadband Collocation Act shall be 808 reviewed within ninety (90) days of a receipt of a completed application. The 809 Township shall notify the applicant of completeness of the application within 810 thirty (30) days of initial receipt. Incomplete applications shall not be evaluated 811 for zoning approvals. 812

813 (b) The following regulations shall apply to all collocated and attached WCF that fall 814

under the Pennsylvania Wireless Broadband Collocation Act and the FCC’s 2014 815 Order and Report: 816 817 [1] Permit required. Attached WCF Applicants proposing the modification of an 818

existing tower-based WCF shall obtain a building permit from the Township. 819 In order to be considered for such permit, the attached WCF applicant must 820 submit a permit application to the Township in accordance with applicable 821 permit policies and procedures. 822

823 [2] Timing of approval for applications that fall under the Wireless Broadband 824

Collocation Act. Within thirty (30) calendar days of the date that an 825 application for an attached WCF is filed with the Township, the Township 826 shall notify the WCF Applicant in writing of any information that may be 827 required to complete such application. Within sixty (60) calendar days of 828 receipt of a complete application, the Township shall make its final decision 829 on whether to approve the application and shall advise the WCF Applicant in 830 writing of such decision. 831

832 [3] Permit fees. The Township may assess appropriate and reasonable permit fees 833

directly related to the Township’s actual costs in reviewing and processing the 834 application for approval of an attached WCF or $1,000, whichever is less. 835

836

H. Use of Right of Way. The following regulations shall apply to those WCFs located within 837 a right of way: 838 839 (2) Time, Place, and Manner. The Township shall determine the time, place, and manner 840

of construction, maintenance, repair, and/or removal of all WCFs located in the ROW 841



Page 22 of 23

based on public safety, traffic management, physical burden on the ROW, and related 842 considerations. For public utilities, the time, place, and manner requirements shall be 843 consistent with the police powers of the Township and the requirements of the Public 844 Utility Code. 845 846

(3) Visual Effects. The Township retains the right to deny an application for the 847 construction or placement of a WCF located in the right-of-way based upon visual 848 and/or land use impact. The Township reserves the right to deny such requests based 849 upon aesthetic impact. 850 851

(4) Compensation for ROW Use. In addition to the applicable permit fees, every WCF in 852 the ROW is subject to the Township’s right to fix annually a fair and reasonable 853 compensation to be paid for use and occupancy of the ROW. Such compensation for 854 ROW use shall be directly related to the Township’s actual ROW management costs 855 including, but not limited to, the costs of the administration and performance of all 856 reviewing, inspecting, permitting, supervising, and other ROW management activities 857 by the Township. The owner of each WCF in the ROW shall pay an annual fee to the 858 Township to compensate the Township for the Township’s costs incurred in 859 connection with the activities described above. The annual ROW management fee for 860 attached WCFs shall be determined by the Township and authorized by resolution of 861 the College Township Council and shall be based on the Township’s actual ROW 862 management costs as applied to such WCF. 863 864

(5) Restoration Deposit. Prior to the issuance of a permit, the owner of each individual 865 Tower-Based WCF shall, at its own cost and expense, deliver a restoration deposit in 866 an amount determined by the Director of Public Works or his designee. The return of 867 the deposit shall be contingent upon the proper restoration of the ROW and 868 compliance with the terms and conditions of this Article. Upon installation of the 869 Tower-Based WCF, the Applicant shall notify the Township that the site is ready for 870 inspection. The Public Works Director or his designee shall inspect the site and, if it is 871 found to be satisfactory, the restoration deposit shall be refunded to the Applicant 872 within thirty (30) days. The restoration deposit may be forfeited in whole or in part to 873 the Township if any work is found to be incomplete or not in compliance with all 874 applicable standards. 875 876

(6) Relocation or Removal of Facilities. Within sixty (60) days following written notice 877 from the Township, or such longer period as the Township determines is reasonably 878 necessary, or such other period in the case of an emergency, an owner of a WCF in 879 the ROW shall, at its own expense, temporarily or permanently remove, relocate, 880 change, or alter the position of any WCF when the Township, consistent with its 881 police powers and applicable Public Utility Commission regulations, shall have 882 determined that such removal, relocation, change, or alteration is reasonably 883 necessary under the following circumstances: 884

885 (a) The construction, repair, maintenance, or installation of any Township or other 886

public improvement in the Right-of-Way; 887



Page 23 of 23

888 (b) The operations of the Township or other governmental entity in the Right-of-Way; 889

890 (c) Vacation of a street or road or the release of a utility easement; or 891

892 (d) An emergency as determined by the Township.” 893 894

895 SECTION 5 SEVERABILITY 896

If any sentence or clause, section, or part of this ordinance is found to be unconstitutional, illegal, 897 or invalid, such findings shall not affect or impair any of the remaining parts of this ordinance. It 898 is hereby declared to be the intent that this ordinance would have been adopted had such part not 899 been included. 900 901 902 SECTION 6 EFFECTIVE DATE 903 904 This ordinance shall take effect five (5) days after enactment. 905 906 907 ENACTED AND ORDAINED, this 15

th day of December, 2016, by the College Township 908

Council, Centre County, Pennsylvania. 909 910 911 COLLEGE TOWNSHIP COUNCIL: 912 913 ATTEST: 914 915

__________________________________ 916

917

__________________________________ 918


December 1, 2016

Page 5 of 13

ITEM 6b.

SELF-STORAGE FACILITIES IN THE PLANNED AIRPORT DISTRICT –

PATTON TOWNSHIP – presented by Greg Garthe

This item provides information on an ordinance that would allow self-storage facilities as a

Permitted Use in the Nonresidential and Mixed-Use areas of the Planned Airport District

(PAD) of Patton Township.

THE ISSUE

The owners of two parcels near the intersection of Bernel Road and Fox Hill Road have

requested that the Township allow the use of self-storage facilities that would be leased to

the general public. The proposed use, or any similar use, is not currently permitted in the

PAD. The properties lie within the Mixed-Use and Nonresidential areas of the District.

The ordinance defines the use as follows:

SELF-STORAGE FACILITIES One or more structures designed and used for the storage of materials by multiple individuals for a fee. No office, sales, rental of goods or services, or industrial activities shall occur within or outside of the storage buildings, nor shall any hazardous or otherwise dangerous materials as described in Table 2, Land Uses Prohibited in the Planned Airport District be permitted to be stored in such facilities. Signage or placards indicating the prohibition of such hazardous or otherwise dangerous materials must be clearly posted at all entrances to the storage area(s).

OTHER INFORMATION

All land uses in the PAD are explicitly identified as Permitted or Prohibited Uses. The list of

Prohibited Uses includes things such as the “storage, treatment or disposal of hazardous or

solid waste” and “filling/service stations” to offer protective measures to the State College

Borough Water Authority (SCBWA) well field, which provides a significant source of the

Centre Region’s water supply. The PAD regulations are also intended to minimize airport

hazards related to the development of the surrounding land. The District is divided into five

areas which include Residential, Mixed-Use, Nonresidential, Approach, and Runway areas.

Each area contains its own list of Permitted Uses.

At its November 7, 2016 meeting, the Patton Township Planning Commission recommended

approval of the ordinance adding self-storage facilities as a permitted use in the Mixed-Use

and Nonresidential areas of the PAD. At its November 16, 2016 meeting, the Board of

Supervisors approved the ordinance, pending the outcome of a public hearing set for January

25, 2017.

PREVIOUS ACTIONS

There has been no previous action by the CRPC on this item.


December 1, 2016

Page 6 of 13



RECOMMENDATION

It is recommended that the CRPC support this item and direct staff to send a letter indicating

such to the Patton Township Board of Supervisors.

ATTACHMENT

1. Patton Township Ordinance: “Self-Storage Facilities in the PADò

Ordinance No. 2016 - ___ “SELF-STORAGE FACILITIES” IN THE PAD Page 1 of 2

v.1 1 November 7, 2016

PATTON TOWNSHIP CENTRE COUNTY, PENNSYLVANIA

ORDINANCE NO. 2016 - ____

“SELF-STORAGE FACILITIES” IN THE PLANNED AIRPORT DISTRICT

AN ORDINANCE OF THE TOWNSHIP OF PATTON REVISING CHAPTER 175 (ZONING) OF THE CODE OF PATTON TOWNSHIP FOR THE PURPOSE OF ADDING

“SELF-STORAGE FACILITIES” AS A USE BY RIGHT WITHIN THE PLANNED AIRPORT ZONING DISTRICT (PAD).

BE IT ENACTED AND ORDAINED by the Board of Supervisors of Patton

Township, Centre County, Pennsylvania, and it is hereby enacted and ordained by authority of the same as follows: SECTION 1: Chapter 175, Table 1 (Zoning, Land Uses Permitted in the Planned

Airport District) of the Code of Patton Township is hereby revised to add under “Commercial Uses” a line for “Self-storage facilities” to allow the use in the Nonresidential and Mixed-Use areas;

Residential Area Mixed-Use Area Nonresidential Area Approach Area Runway Area

Commercial uses

Self-storage facilities8 N Y Y N N

and to define “Self-storage facilities” by footnote as follows:

8 SELF-STORAGE FACILITIES – One or more structures designed

and used for the storage of materials by multiple individuals for a fee. No office, sales, rental of goods or services, or industrial activities shall occur within or outside of the storage buildings, nor shall any hazardous or otherwise dangerous materials as described in Table 2, Land Uses Prohibited in the Planned Airport District be permitted to be stored in such facilities. Signage or placards indicating the prohibition of such hazardous or otherwise dangerous materials must be clearly posted at all entrances to the storage area(s).

SECTION 2: In all other respects, the Code of Patton Township and Chapter 175

(Zoning) remain in full force and effect, and are not in any way affected or modified by this amendment.

Ordinance No. 2016 - ___ “SELF-STORAGE FACILITIES” IN THE PAD Page 2 of 2


ENACTED AND ORDAINED as an ordinance by the Township of Patton this the ___ day of __________, 2016.

Attest: PATTON TOWNSHIP BOARD OF SUPERVISORS

_______________________ ____________________________________

Secretary

____________________________________

____________________________________

[Seal]

____________________________________

____________________________________


December 1, 2016

Page 7 of 13

ITEM 6c.

NURSING HOMES IN THE PLANNED AIRPORT DISTRICT –

PATTON TOWNSHIP – presented by Greg Garthe

This item provides information on an ordinance that would allow nursing homes as a

Permitted Use in the Residential, Nonresidential, and Mixed-Use areas of the Planned Airport

District (PAD) of Patton Township.

THE ISSUE

A nursing home operator is considering building a facility on Lot 3 of the Nittany Valley

Sports Centre (NVSC) property and has requested that the Township allow nursing homes as

a Permitted Use in the Planned Airport District (PAD). The only similar use permitted in the

PAD is group home. Definitions for both uses are provided in the Township Code as follows:

GROUP HOME A detached dwelling unit in which care and residence are provided in accord with regulations of the appropriate state agency(ies) for more than three, but not more than six nonadjudicated clients who are dependent children, elderly, mentally ill, retarded or disabled persons. NURSING HOME An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

An ordinance allowing nursing homes in the Residential, Nonresidential, and Mixed-Use

areas of the PAD was developed.

OTHER INFORMATION

All land uses in the PAD are explicitly identified as Permitted or Prohibited Uses. The list of

Prohibited Uses includes things such as the “storage, treatment or disposal of hazardous or

solid waste” and “filling/service stations” to offer protective measures to the State College

Borough Water Authority (SCBWA) well field, which provides a significant source of the

Centre Region’s water supply. The PAD regulations are also intended to minimize airport

hazards related to the development of the surrounding land. The District is divided into five

areas which include Residential, Mixed-Use, Nonresidential, Approach, and Runway areas.

Each area contains its own list of Permitted Uses, which are further subcategorized as

residential, commercial, and general airport area uses.

At its November 7, 2016 meeting, the Patton Township Planning Commission recommended

approval of the ordinance adding nursing homes as a permitted use in the Mixed-Use,

Nonresidential, and Residential areas of the PAD. At its November 16, 2016 meeting, the

Board of Supervisors approved the ordinance, pending the outcome of a public hearing set for

January 25, 2017.


December 1, 2016

Page 8 of 13

PREVIOUS ACTIONS

There has been no previous action by the CRPC on this item.



RECOMMENDATION

It is recommended that the CRPC support this item and direct staff to send a letter indicating

such to the Patton Township Board of Supervisors.

ATTACHMENT

1. Patton Township Ordinance: “Nursing Homes in the Planned Airport District”

Ordinance No. 2016 - ___ “NURSING HOMES” IN THE PAD Page 1 of 2


PATTON TOWNSHIP CENTRE COUNTY, PENNSYLVANIA

ORDINANCE NO. 2016 - ____

“NURSING HOMES” IN THE PLANNED AIRPORT DISTRICT

AN ORDINANCE OF THE TOWNSHIP OF PATTON REVISING CHAPTER 175 (ZONING) OF THE CODE OF PATTON TOWNSHIP FOR THE PURPOSE OF ADDING

“NURSING HOMES” AS A USE BY RIGHT WITHIN THE PLANNED AIRPORT ZONING DISTRICT (PAD).

BE IT ENACTED AND ORDAINED by the Board of Supervisors of Patton

Township, Centre County, Pennsylvania, and it is hereby enacted and ordained by authority of the same as follows: SECTION 1: Chapter 175, Table 1 (Zoning, Land Uses Permitted in the Planned

Airport District) of the Code of Patton Township is hereby revised to add under “Residential Uses” a line for “Nursing homes” to allow the use in the Residential, Nonresidential, and Mixed-Use areas;

Residential Area Mixed-Use Area Nonresidential Area Approach Area Runway Area

Residential uses

Nursing homes Y Y Y N N

SECTION 2: In all other respects, the Code of Patton Township and Chapter 175

(Zoning) remain in full force and effect, and are not in any way affected or modified by this amendment.

Ordinance No. 2016 - ___ “NURSING HOMES” IN THE PAD Page 2 of 2


ENACTED AND ORDAINED as an ordinance by the Township of Patton this the ___ day of __________, 2016.

Attest: PATTON TOWNSHIP BOARD OF SUPERVISORS

_______________________ ____________________________________

Secretary

____________________________________

____________________________________

[Seal]

____________________________________

____________________________________


December 1, 2016

Page 9 of 13

ITEM 9a.

FINAL DRAFT 2016 CENTRE REGION STATE OF HOUSING REPORT –

CENTRE REGION – presented by Erica Ehly

This item presents the final draft of the 2016 Centre Region State of Housing Report and is a

request for the CRPC to review and provide comment on the document.

THE ISSUE

The Centre Regional Planning Agency’s 2016 work program included the preparation of a

State of Housing Report. The Centre Region State of Housing Report is intended to provide

annual updates to specific data points related to the implementation of Pennsylvania

Municipalities Planning Code (MPC) objectives for public policy makers and housing-related

professionals in the community.

The Report is divided into three sections. Section One, Existing Housing Data, provides a

summary of the distribution, age, and characteristics of existing housing units. Characteristics

include tenure, rent, value, monthly cost, and cost‐to‐income ratio for existing housing stock.

Additionally, an assessment of the existing conditions of housing units and regional

conservation and rehabilitation efforts is included.

Section Two, Housing Analysis, provides projections for housing demand in the 2035

planning period based upon population, the housing delivery process, permitting trends and

student housing needs.

Section Three, Housing Affordability Assessment, provides an inventory of housing units and

programs directed toward vulnerable populations within the Centre Region, including the

disabled, elderly and those residents who comprise lower income groups. Additionally, local

jurisdictional regulations concerning “affordable” or “workforce” housing are summarized.

The Report will be updated annually. Data points will include the characteristics of existing

housing inventory, income groups, conservation measures, rehabilitation efforts, current and

projected population, permitting trends, and projected housing demand. In addition to

updating the data points, the 2017 Housing Report will address applicable findings in this

Report, which may include the following objectives:

1. Update American Community Survey (ACS)-related data in accordance with the next five-

year update to the ACS, which will be released on December 8, 2016.

2. Review the amended Property Maintenance Code and include any relevant changes.

3. Utilize locally generated data to analyze the characteristics of housing units projected

to be in greatest demand.

4. Complete an accurate inventory of existing mobile home units.

5. Identify off-campus student housing locations through coordination with Penn State

and local permitting information.

6. Utilize local trend data for the issuance of certificates of occupancy, and correspond to

construction permitting data.

7. Map the locations of student homes with permits.


December 1, 2016

Page 10 of 13

8. Identify local changes to municipal regulations related to housing.

9. Identify sales data by type of residential unit and unit age by coordinating with the

Centre Region Association of Realtors.

10. Coordinate with the Centre Region Code Administration (CRCA) and the Centre

County Planning and Community Development Office (CCPCDO) to provide reliable

local data for housing indicators that are specific to the Centre Region.

11. The “Centre County Affordable Housing Needs Assessment” was completed in 2005.

Review and evaluate the implementation of the recommendations made in the

Assessment.

12. Evaluate the housing needs of residents who have a gross housing cost‐to‐income ratio

of 30% or more, which is 64% of renter households the Centre Region and 82% of

these cost-burdened households countywide.

13. The “Centre County Affordable Housing Needs Assessment”, completed in 2005,

identifies regional workforce households between the ages of 24 and 55 years old as

the priority population group within the Centre Region in particular. Evaluate the

specific housing needs of this population group.

14. Explore the definition of affordability in the Centre Region. A local definition may be

more applicable in order to reflect that many households whose housing costs exceed

30% of annual income are choosing to allocate larger shares of income to larger

homes with more amenities. Evaluate how the large population of students could

affect a local definition of affordability.

PREVIOUS ACTIONS

The CRPC discussed the 2016 State of Housing Report at the following meetings: June 2, 2016;

August 1, 2016; September 1, 2016; and October 6, 2016.


Preparation of the annual State of the Housing Report is consistent with the Centre Region

Comprehensive Plan.

RECOMMENDATION

Staff recommends that the CRPC review the final draft and provide comments and

recommendations related to the preparation of the final State of Housing Report.

NEXT STEPS

CRPA staff will incorporate comments and recommendations in the preparation of the final

State of Housing Report.

ATTACHMENT

1. 2016 Centre Region State of Housing Report - Final Draft (online)

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/State_of_Housing_Report_CRPC_Final_11-22-16.pdf


December 1, 2016

Page 11 of 13

ITEM 9b.

POTENTIAL EXPANSION OF THE BENEFICIAL REUSE WATER SYSTEM –

CENTRE REGION – presented by Greg Garthe

This item presents a revised draft report on potential expansion opportunities for the

University Area Joint Authority’s (UAJA’s) Beneficial Reuse Project. Input received from the

CRPC, COG Public Services and Environmental (PS&E) Committee, SCBWA, and UAJA

has been incorporated into this revision. The report proposes several options for designating a

Beneficial Reuse Service Area where the transmission system could potentially be expanded,

and provides some recommendations for the Region to consider.

THE ISSUE

The overall goal of this work item is to identify locations where the UAJA may be able to

install additional reuse water transmission lines within the Regional Growth Boundary (RGB)

and Sewer Service Area (SSA) to support economic development and provide groundwater

recharge opportunities in the Spring Creek Watershed. The UAJA included this project as part

of a request to update the Centre Region Act 537 Sewage Facilities Plan in August 2014. The

Plan must be amended in order to allow expansion of the transmission system.

The mission of UAJA’s Beneficial Reuse of treated water initiatives is “To enhance the

environment, quality of life, and economy of the Centre Region by reuse of reclaimed water.”

In support of that mission, this analysis will attempt to achieve the following:

Identify areas where there are opportunities to extend pipelines to provide Beneficial

Reuse water to existing and future commercial businesses, industrial and

manufacturing operations, and other significant water users as an alternative to potable

water.

Identify areas where the system could be expanded for environmental reuse projects

that could augment existing waterways and wetlands located upstream of the UAJA

plant in the Spring Creek Watershed in order to provide a consistent supply of water to

help recharge the groundwater aquifer.

Propose a Beneficial Reuse Service Area for the Centre Region that will be included

as part of an Act 537 Plan amendment.

The Beneficial Reuse water from the UAJA is an underutilized resource that has potential for

expanded use in a variety of industrial and commercial applications where potable water is

currently used in manufacturing or other operations. Currently, the UAJA is only allowed to

provide water to customers along the existing transmission line, unless the Centre Region

Act 537 Plan is amended to allow additional lines. This has been prohibitive to economic

development due to the length of time required for an amendment, which conflicts with the

immediate water needs for many businesses and industries looking to establish themselves in

the Region. Additionally, there is potential to distribute more Beneficial Reuse water to

groundwater recharge sites in other areas of the Region. Designating a formal service area

where the UAJA is able to provide the water will allow new transmission lines to be installed


December 1, 2016

Page 12 of 13

in those areas without having to formally submit an amendment of the Act 537 Plan to the

Pennsylvania Department of Environmental Protection.

OTHER INFORMATION

CRPA staff completed spatial analysis work to identify additional areas where the water could

potentially be distributed. Utilizing the CRPA’s geographic information systems (GIS)

technology and a number of spatial datasets, staff conducted an analysis of existing conditions

inside the RGB and SSA to determine where existing and future economic development

activities are most likely to promote a market for the reuse water. Spatial datasets included the

locations of existing transmission lines, existing customer locations and recharge sites,

municipal zoning districts, waterways, and transportation infrastructure. This resulted in the

identification of some corridors where there may be a strong potential to utilize the water.

Additionally, “clusters” of potential future business and industrial customers were identified

as a means to focus the efforts of future transmission line expansion.

Spring Creek and its tributaries, as well as wetlands within the RGB and SSA, were studied to

explore the possibility of developing additional locations similar to the existing Kissinger

Meadow site. There may be opportunities to use the water to augment these natural locations

or to construct artificial wetlands nearby.

The draft report explains the findings of the spatial analysis and proposes several options for a

Beneficial Reuse Service Area.

CRPA staff is currently amending the report to include a more extensive section on the

impacts that potential expansion of the Beneficial Reuse system may have upon existing and

future customers of the College Township Water Authority (CTWA) and the State College

Borough Water Authority (SCBWA). The impact on existing water authorities and their

customers has been a long standing issue with expansion of the Beneficial Reuse system, and

was addressed to some extent in the 2005 Source Water Protection Agreement between the

CTWA, SCBWA, and UAJA.

The potential expansion of Beneficial Reuse water may have long term implications for the

financial viability of existing water authorities. The CRPA generally recommends that the

Centre Region municipalities support the expansion of Beneficial Reuse water, but not before

the municipalities have a thorough and complete understanding of potential impacts on the

existing water authorities in the Centre Region. The CRPA will meet with representatives of

the CTWA and SCBWA, and additional information will be provided at the CRPC meeting

on December 1, 2016.

PREVIOUS ACTIONS

The CRPC received a presentation on the preliminary GIS analysis its September 1, 2016

meeting and reviewed a first draft of the report at its October 6, 2016 meeting. In addition, the

report has been presented to the PS&E Committee and the UAJA Board of Directors for

comment.


December 1, 2016

Page 13 of 13


The project supports several goals, objectives, and policies of the 2013 Comprehensive Plan,

particularly in the areas of Community Services and Facilities and Sustainability.

RECOMMENDATION

The CRPC should review the report and provide final comments and a recommendation for

regional approval, and also propose implementation actions for the recommendations of the

report.

ATTACHMENT

1. Draft Report: Potential Expansion of the Beneficial Reuse Water System (online)

http://www.crcog.net/vertical/sites/%7B6AD7E2DC-ECE4-41CD-B8E1-BAC6A6336348%7D/uploads/BR_Expansion.pdf

U.S. Department of Justice Civil Rights Division

A Guide To Federal Religious Land Use Protections

The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious institutions from unduly burdensome or discriminatory land use regulations. The law was passed unanimously by Congress in 2000, after hearings in which Congress found that houses of worship, particularly those of minority religions and start-up churches, were disproportionately affected, and in fact often were actively discriminated against, by local land use decisions. Congress also found that, as a whole, religious institutions were treated worse than comparable secular institutions. Congress further found that zoning authorities frequently were placing excessive burdens on the ability of congregations to exercise their faiths in violation of the Constitution. In response, Congress enacted RLUIPA. This new law provides a number of important protections for the religious freedom of persons, houses of worship, and religious schools. The full text of RLUIPA is available at https://www.justice.gov/crt/title-42-public-health-and-welfare. Below is a summary of the law’s key provisions relating to land use, with illustrations of the types of cases that may violate the law. Information about the institutionalized persons portion of RLUIPA is available at https://www.justice.gov/crt/religious-land-use-and-institutionalized-persons-act-0 . ● RLUIPA prevents infringement of religious exercise. Land use regulations frequently can impede the ability of churches or other religious institutions to carry out their mission of serving the religious needs of their members. Section 2(a) of RLUIPA thus bars zoning restrictions that impose a “substantial burden” on the religious exercise of a person or institution, unless the government can show that it has a “compelling interest” for imposing the restriction and that the restriction is the least restrictive way for the government to further that interest. Minor costs or inconveniences imposed on religious institutions are insufficient to trigger RLUIPA’s protections. The burden must be “substantial.” And, likewise, once the institution has shown a substantial burden on its religious exercise, the government must show not merely that it has a rational reason for imposing the restriction, but must show that the reason is “compelling” and the least restrict means of furthering the interest.

A church applies for a variance to build a modest addition to its building for Sunday school classes. Despite the church demonstrating that the addition is critical to carrying out its religious mission, that there is adequate space on the lot, and that there would be a negligible impact on traffic and congestion in the area, the city denies the variance.

A Jewish congregation that has been meeting in various rented spaces that have proven inadequate for the religious needs of its growing membership purchases land and seeks to build a synagogue. The town council denies a special use permit, and the only reason given is “we have enough houses of worship in this town already, and want more businesses.”

Because the religious organizations in these cases have demonstrated a substantial burden on their religious exercise, and the justification offered by the city in both cases is not compelling, these cases likely would be violations of RLUIPA, assuming certain jurisdictional requirements of the statute are met. ● Religious institutions must be treated as well as comparable secular institutions. Section 2(b)(1) of RLUIPA provides that religious assemblies and institutions must be treated at least as well as nonreligious assemblies and institutions. This is known as the “equal terms” provision of RLUIPA.

A mosque leases space in a storefront, but zoning officials deny an occupancy permit since houses of worship are forbidden in that zone. However, fraternal organizations, meeting halls, and banquet facilities are all permitted as of right in the same zone.

Because the statute on its face favors nonreligious places of assembly over religious assemblies, this example would be a violation of 2(b)(1). ● RLUIPA bars discrimination among religions. Section 2(b)(2) of RLUIPA bars discrimination “against any assembly or institution on the basis of religion or religious denomination.”

A Hindu congregation is denied a building permit despite meeting all of the requirements for height, setback, and parking required by the zoning code. The zoning administrator is overheard making a disparaging remark about Hindus.

If it were proven that the permit was denied because the applicants were Hindu, this would constitute a violation of 2(b)(2). ● Zoning ordinances may not totally exclude religious assemblies.

Section 2(b)(3)(A) of RLUIPA provides: “No government shall impose or implement a land use regulation that totally excludes religious assemblies from a jurisdiction.”

A town, seeking to preserve tax revenues, enacts a law that no new churches or other houses of worship will be permitted.

Such total exclusions of religious assemblies are explicitly forbidden by section 2(b)(3)(A). ● RLUIPA forbids laws that unreasonably limit houses of worship. Section 2(b)(3)(B) of RLUIPA provides: “No government shall impose or implement a land use regulation that unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.”

A city has no zones that permit houses of worship. The only way a church may be built is by having an individual parcel rezoned, a process which in that city takes several years and is extremely expensive.

This zoning scheme, if proven to be an unreasonable limitation on houses of worship, would constitute a violation of section 2(b)(3)(B). Enforcement of RLUIPA Rights Religious institutions and individuals whose rights under RLUIPA are violated may bring a private civil action for injunctive relief and damages. The Department of Justice also can investigate alleged RLUIPA violations and bring a lawsuit to enforce the statute. The Department can obtain injunctive, but not monetary, relief. If you believe that your rights under RLUIPA may have been violated and you wish to file a complaint or find out more information about the law, you may write to:

Housing and Civil Enforcement Section Civil Rights Division

U.S. Department of Justice 950 Pennsylvania Ave., N.W.

Washington, D.C. 20530 or call the Housing and Civil Enforcement Section at (800) 896-7743. Further information about RLUIPA, including common Questions and Answers, is available at the Section’s RLUIPA page website at https://www.justice.gov/crt/religious-land-use-and-institutionalized-persons-act. You also may call the Special Counsel for Religious Discrimination at (202) 353-8622 or write to [email protected].

1

Garthe, Greg

From: Dupuis, Betsy <[email protected]>

Sent: Monday, November 14, 2016 12:07 PM

To: 'Douglas Erickson'

Cc: Garthe, Greg

Subject: RE: Church definition

Follow Up Flag: Follow up

Flag Status: Completed

Doug –

The current proposed definition is the following:

CHURCHES AND OTHER PLACES OF WORSHIP

The use of land or structures for religious worship, education, and related activities; includes chapels,

cathedrals, temples, mosques, synagogues, and the like.

Based upon the following definitions in the federal statute:

§2000cc-5 (7) Religious exercise (A) In general The term "religious exercise" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. (B) Rule The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.

I would recommend that we modify the definition as follows:

CHURCHES AND OTHER PLACES OF WORSHIP

The use of land or structures for religious exercise (as defined by the Religious Land Use and Institutionalized

Persons Act) including worship, education, and related activities; includes, but is not limited to, chapels,

cathedrals, temples, mosques, synagogues, and the like.

While the federal law is applicable and certainly available to the researching public, I think from an educational

perspective we should be as complete in our definition as we can be (both the as to the term “religion” and the

location of exercise of the same) and make reference (by noting RLUIPA) to the basis for the same.

Betsy

Elizabeth (Betsy) A. Dupuis, Esquire

Babst Calland Clements and Zomnir, P.C. 330 Innovation Blvd., Suite 302

State College, PA 16803

(814) 867-8055

Centre Regional Planning Agency - crcog.net6AD7E2DC-ECE4-41CD... · Centre Regional Planning...

Documents

Transcript of Centre Regional Planning Agency - crcog.net6AD7E2DC-ECE4-41CD... · Centre Regional Planning...