Darby Township City Zoning Code
PART 15
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS
§ 27-1500 Purpose.
[Ord. 670, 12/12/2007]
1.
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this Part are to:
A.
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
B.
Encourage the location of towers in nonresidential areas.
C.
Minimize the total number of towers throughout the community.
D.
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
E.
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
F.
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening and innovating camouflaging techniques.
G.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
H.
Consider the public health and safety of communication towers.
I.
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
2.
In furtherance of these goals, the Township of Darby shall give due consideration to the Township's Comprehensive Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 27-1501 Definitions.
[Ord. 670, 12/12/2007]
As used in this Part, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals or other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching officers and/or long distance providers or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the case pad and any antenna.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the Part, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
All that property owned, leased or otherwise controlled by the Township of Darby, including its rights-of-way and including the rights-of-way of state highways located in the Township with the permission of acquiescence of the state.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
Hereby designated as the Township Manager for purposes of this Part.
§ 27-1502 Applicability.
[Ord. 670, 12/12/2007]
2.
Amateur Radio Station Operators/Receive Only Antennas. This Part shall not govern any tower or the installation of any antenna that complies with the pertinent host requirement in this chapter and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
4.
AM Array. For purposes of implementing this Part, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
§ 27-1503 General Requirements.
[Ord. 670, 12/12/2007]
1.
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
2.
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district zoning regulations including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of Township of Darby or within one mile of the border thereof including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this Part or other organizations seeking to locate antennas within the jurisdiction of the Township of Darby; provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
4.
Aesthetics. Towers and antennas meet the following requirements:
A.
Towers shall either maintain a galvanized steel finish or, subject to all applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
B.
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
C.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
5.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
6.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Part shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
7.
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. All towers shall be designed by a licensed professional engineer registered in the Commonwealth of Pennsylvania, and all drawings submitted for approval shall be signed and sealed by the same engineer responsible for the design. All construction shall be supervised by qualified personnel, and a certification shall be prepared and presented to the Township by a licensed professional engineer registered in the Commonwealth of Pennsylvania that the design and construction conform to the highest standards of engineering and construction. If, upon inspection, the Township of Darby concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons, or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
8.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township of Darby irrespective of municipal and county jurisdiction boundaries.
9.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this Part and shall not be regulate or permitted as essential services, public utilities or private utilities.
10.
Franchises. Owners and/or operators of towers or antennas shall certify that all licenses and/or franchises required by law for the construction and/or operation of a wireless communication system in the Township of Darby have been obtained and shall file a copy of all required licenses and/or franchises with the Zoning Administrator.
11.
Public Notice. For purpose of this Part, any special exceptions request, variance request or appeal of an administrative decision use or special exception shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 27-1506, Subsection 2E(2), Table 2, in addition to any notice otherwise required by the Zoning Ordinance.
12.
Signs. No signs shall be allowed on an antenna or tower.
13.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 27-1507.
14.
Multiple Antenna/Tower Plan. The Township of Darby encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
15.
Co-Location. In order to reduce the number of towers in the Township of Darby in the future, the proposed tower, if required by the Zoning Administrator and/or Zoning Hearing Board and/or Planning Board shall be designed to accommodate future other communications users, including commercial wireless communications companies, local police, fire and ambulance companies.
16.
Service to the Township. A provider of telecommunications service within the Township of Darby shall make its telecommunications services available to the Township at its most favorable rate for similarly situated users, unless otherwise provided for in a lease, license or franchise agreement.
§ 27-1504 Permitted Uses.
[Ord. 670, 12/12/2007]
1.
General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
2.
Permitted Uses. The following uses are specially permitted:
A.
A Telecommunications Overlay District is hereby created. This Telecommunication Overlay Zoning District applies to all zoning districts in the Township of Darby. The Telecommunications Overlay District ("TO") shall consist of property owned, leased or otherwise controlled by the Township of Darby including its rights-of-way and including the rights-of-way of the state.
B.
Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in § 27-1506, Subsection 2A and B, of this Part and a nonrefundable fee as established by resolution of the Board of Commissioners of the Township of Darby to reimburse the Township of Darby for the costs of reviewing the application.
D.
The Zoning Administrator shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Zoning Administrator fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
F.
In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
§ 27-1505 List of Administratively Approved Uses.
[Ord. 670, 12/12/2007]
The following uses may be approved by the Zoning Administrator after conducting an administrative review.
A.
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any Telecommunications Overlay District.
B.
Locating antennas on existing structures or towers consistent with the terms of Subsections (1) and (2) below.
(1)
Antenna on Existing Structures. Any antenna that is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units, provided:
(2)
Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the Zoning Administrator, and to minimize adverse, visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following.
(a)
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
(b)
C.
New Towers in Nonresidential Zoning Districts. Locating any new tower in a nonresidential zoning district other than Telecommunications Overlay District, provided a Pennsylvania licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Administrator concludes the tower is in conformity with the goals set forth in § 27-1500 and the requirements of § 27-1506, Subsection 2E; and the tower meets the following height and usage criteria:
D.
Locating any alternative tower structure in a zoning district other than Telecommunication Overlay District that in the judgment of the Zoning Administrator is in conformity with the goals set forth in § 27-1500 of this Part.
E.
Installing a cable micro-cell network through the use of multiple low-powered transmitters/receivers attached to existing wire-line systems, such as conventional cable or telephone wires or similar technology that does not require the use of towers.
§ 27-1506 Special Exception Permits.
[Ord. 670, 12/12/2007]
1.
General. The following provisions shall govern the issuance of special exception permits for towers or antennas by the Zoning Hearing Board of the Township of Darby:
B.
Applications for special exception permits under this section shall be subject to the procedures and requirements of this chapter, except as modified in this section.
C.
In granting a special exception permit, the Zoning Hearing Board may impose conditions to the extent the Zoning Hearing Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
D.
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a Pennsylvania licensed and registered professional engineer.
E.
An applicant for a special exception permit shall submit the information described in this section and a nonrefundable fee as established by resolution on the Board of Commissioners of the Township of Darby to reimburse the Township of Darby for the costs of reviewing the application.
2.
Towers.
A.
Information Required. In addition to any information required for applications for special exception permit for a tower all submit the following information:
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in § 27-1506, Subsection 2E, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Administrator to be necessary to assess compliance with this Part.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The setback distance between the proposed tower and the nearest residential unit platted residentially zoned properties and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 27-1503, Subsection 3, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(8)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(10)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(11)
A description of the feasible location(s) of future towers or antennas within the Township of Darby based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
B.
Factors Considered in Granting Special Exception Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to this chapter, the Zoning Hearing Board shall consider the following factors in determining whether to issue a special use permit, although the Zoning Hearing Board may waive or reduce the burden on the applicant of one or more of these criteria if the Zoning Hearing Board concludes that the goals of this Part are better served thereby.
(1)
Height of the proposed tower.
(2)
Proximity of the tower to residential structures and residential district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7)
Proposed ingress and egress.
(9)
Administrative review and recommendation by the Zoning Administrator.
C.
Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Hearing Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Zoning Hearing Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna a related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required by the owner in order to share an existing towers or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro-cell network using multiple low-powered transmitters/receivers attached to a wire-line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
D.
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Zoning Hearing Board may reduce the standard setback requirements if the goals of this Part would be better served thereby.
E.
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Zoning Hearing Board may reduce the standard separation requirements if the goals of this Part would be better served thereby.
(1)
Separation From Off-Site Uses/Designated Areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 2.
(b)
Separation requirements for towers shall comply with the minimum standards established in Table 1.
TABLE 1 | ||
|---|---|---|
Off-Site Use | Designated Area Separation Distance | |
Single-family or duplex residential units1 | 500 feet or 300% height of tower, whichever is greater. | |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 500 feet or 300% height of tower2 whichever is greater | |
Vacant unplatted residentially zoned lands3 | 250 feet or 150% height of tower2 whichever is greater | |
Existing multifamily residential units greater than duplex units | 250 feet or 150% height of tower whichever is greater | |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply | |
1 | Includes modular homes and mobile homes used for living purposes. | |
2 | Separation measured from base of tower to closes building setback line. | |
3 | Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex. |
(2)
Separate Distances Between Towers.
(a)
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
TABLE 2 | |||||
|---|---|---|---|---|---|
Existing Towers; Types | |||||
Lattice | Guyed | Monopole 75 feet in height or greater | Monopole less than 75 feet in height | ||
Lattice | 9,000 | 5,000 | 1,500 | 750 | |
Guyed | 5,000 | 5,000 | 1,500 | 750 | |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 | |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 | |
F.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Zoning Hearing Board may waive such requirements, as it deems appropriate.
G.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Zoning Hearing Board may waive such requirements if the goals of this Part would be better served thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower would be minimal, the landscaping requirements may be reduced or waived.
(3)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
§ 27-1507 Buildings or Other Equipment Storage.
[Ord. 670, 12/12/2007]
1.
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure in association with antennas shall comply with the following:
A.
The cabinet or structure shall not contain more than 10 square feet of gross floor area or be more than eight feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 10 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.
B.
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 1% of the roof area.
C.
Equipment storage buildings or cabinets shall comply with all applicable building codes.
2.
All Other Legally Placed Antennas. For all other legally placed antennas, the related unmanned equipment cabinet or structure shall comply with all applicable building codes and shall contain no more than 16 square feet of gross floor area not more than 12 feet in height and may be located:
A.
In a front or side yard, provided the cabinet or structure is no greater than six feet in height or 16 square feet of gross floor area and the cabinet/structures is located a minimum of five feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 60 inches — 66 inches and a planted height of at least 36 inches.
B.
In a rear yard, provided the cabinet or structure is no greater than six feet in height or 16 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
§ 27-1508 Removal of Abandoned Antennas and Towers.
[Ord. 670, 12/12/2007]
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Darby notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall become effective until all users cease using the tower.
§ 27-1509 Nonconforming Uses.
[Ord. 670, 12/12/2007]
1.
No Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this Part shall not be deemed to constitute the expansion of a nonconforming use or structure.
2.
Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other routine maintenance on a preexisting tower shall comply with the requirements of this Part.
3.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding § 27-1508, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in § 27-1806, Subsection 2D and E. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 27-1508.