Concord Township City Zoning Code
ARTICLE XXA
Cellular Telecommunications Facilities
§ 210-191.1 Purpose.
The cellular telecommunications facility article is designed to:
A.
Accommodate the need for cellular telecommunications facilities while regulating their location and number in the Township;
B.
Minimize adverse visual effects of cellular telecommunications facilities through careful design, siting and vegetative screening;
C.
Avoid potential damage to adjacent properties from cellular telecommunications facilities failure and falling ice and debris through engineering and careful siting of cellular telecommunications facilities; and
D.
Maximize the use of any new or existing cellular telecommunications facilities or other tall structure(s) so as to reduce the number of cellular telecommunications facilities needed in the future.
§ 210-191.2 Application and interpretation.
In interpreting the provisions of this article to determine the extent of the restriction upon the use of the property, the provision shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted, as permitting the cellular telecommunications facilities sites that are appropriate and yet compatible with surrounding land uses.
§ 210-191.3 Definition of terms.
For the purposes of this article, the following words, terms and phrases shall have the meanings indicated herein:
A device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes and single poles known as "whips."
Any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it an antenna or antennas.
The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
The equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
A tract or parcel of land that contains the cellular communications facility, tower, antenna and/or telecommunications equipment building.
The building in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.
A structure that is intended to support equipment used to transmit and/or receive telecommunications signals.
§ 210-191.4 Use, area, landscaping, fencing and heights requirements.
A.
A cellular telecommunications facility with antenna that is attached to an existing wireless communications, cellular communications or personal communications services tower, smokestack, water tower or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 15 feet and shall require a building and zoning permit.
B.
A cellular telecommunications facility with antenna that is not mounted on an existing antenna support structure, shall not have an antenna height or tower height in excess of the minimum height necessary to effectively provide the wireless communications service, and not in excess of 180 feet, and shall require a building and zoning permit and land development approval pursuant to the provisions of Chapter 160, Subdivision and Land Development, of the Code.
C.
If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing tall structure), the minimum distance between the base of the support structure (excluding any guy wire anchors) and any property line shall be the largest of the following:
[Amended 10-5-1999 by Ord. No. 244]
(1)
The minimum setback in the underlying zoning district.
(2)
Fifty feet.
(3)
In addition, unless the communication tower is designed to collapse upon itself so as not to fall upon any adjoining property, the setback from each lot line shall be equal to the height of the tower. It shall be an applicant's burden to establish by clear and convincing evidence that a proposed communication tower has been so designed by a Pennsylvania-licensed structural engineer.
D.
Any provisions of the Township Code, especially Chapters 210 and 160, which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this § 210-191.4 and shall apply to the proposed cellular telecommunications facilities and/or telecommunications equipment building.
E.
Landscaping.
(1)
Existing vegetation shall be preserved to the maximum extent possible.
(2)
Landscaping shall be required to screen and buffer as much of the cellular telecommunications facility as possible, and the fence surrounding the cellular telecommunications facility, and any other ground-level features of the cellular telecommunications facility, from the abutting properties.
(3)
Where the cellular telecommunications facility abuts residentially developed land, residential zoning districts, public land or streets, the cellular telecommunications facility perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart, on center, and within 40 feet of the cellular telecommunications facility boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 25 feet of the cellular telecommunications facility boundary.
F.
Fencing. A security fence shall be required around the cellular communications facility, unless the antenna is mounted on an existing tall structure. The security fence shall be a minimum of eight feet in height; the type of fencing shall be solid wood as approved by the Township.
G.
In the event that a cellular telecommunications facility is attached to a nonresidential building or structure in a residential district, the maximum antenna height shall be 20 feet above the existing building or structure.
H.
In the event that a cellular telecommunications facility is attached to a mid-rise or high-rise apartment building in a residential district, the maximum antenna height shall be 20 feet above the existing apartment building.
I.
All uses ancillary to the cellular telecommunications facility, including without limitation a business office, maintenance depot, vehicle storage, etc. are prohibited from the land site, unless otherwise permitted in the zoning district in which the land site is located.
J.
The cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
§ 210-191.5 Standards for approval; additional design standards.
The following standards of approval shall apply to all cellular telecommunications facilities:
A.
The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be located where proposed in order to satisfy its function in the applicant's grid system.
B.
If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing tall structure), it is required to demonstrate that it contacted the owners of tall structures within a one-mile radius of the site proposed, requested permission to install the antenna on those tall structures and was denied permission for reasons other than economic reasons. The term "tall structures" includes smokestacks, water towers, antenna support structures of other cellular phone companies and other communications towers (fire, police, etc.). If the antenna can be physically and legally accommodated on an existing tall structure, the governing body may deny the conditional use application to construct a new tower.
C.
The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of wireless, cellular or personal communications services has already agreed to co-locate on the applicant's antenna support structure at a greater height than is required by the applicant.
D.
The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and the surrounding properties will not be negatively affected by antenna support structure failure, falling ice or other debris. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers and the Township.
E.
In order to reduce the number of antenna support structures needed in the Township in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other wireless communication, cellular communication and personal communication service provider companies, and local police, fire and ambulance companies. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.
F.
The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide wireless communications, cellular communications and/or personal communications services.
G.
If the wireless communications facility is fully automated, adequate parking shall be required for maintenance workers.
H.
Antenna support structures shall, to the extent possible, be finished so as to reduce the visual impact. Support structures may be painted green up to the height of nearby trees and shall meet all Federal Aviation Administration regulations.
I.
A full site plan shall be required for all land sites, showing the antenna and antenna support structure, together with any building, fencing, buffering, access and all other items required in the code, Chapter 160, Subdivision and Land Development, for a land development application.
J.
Towers shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EID-222-E Manual, as amended from time to time.
K.
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.
L.
Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
N.
No antenna or its support structure may be artificially lighted except when required by the Federal Aviation Agency.
§ 210-191.6 Conditional use or special exception provisions.
[Amended 11-5-2008 by Ord. No. 325]
In addition to the requirements of Article XXVII (applicable to conditional uses), or Article XXVIII (applicable to special exceptions), a conditional use or a special exception for a cellular telecommunications facility with antenna shall not be granted except upon compliance with the following where relevant:
A.
The applicant shall demonstrate that the tower for the cellular telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company's system.
B.
The applicant shall present documentation that the tower is designed in accordance with the standards cited in this article for cellular telecommunications towers.
C.
The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
D.
The need for additional buffer yard treatment shall be evaluated.
E.
The applicant shall demonstrate that the cellular telecommunications facility must be located where it is proposed in order to serve the applicant's service area.
F.
Where the cellular telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.
§ 210-191.7 Maintenance; abandonment.
A.
The cellular telecommunications facility shall be maintained and kept in good order and repair and in compliance with all applicable federal and state requirements and the Code of the Township.
B.
In the event that a cellular telecommunications facility is not used by its owner/operator for a period of six months, it shall be conclusively presumed to be abandoned. All such abandoned facilities shall be removed within six months after the presumed abandonment.