Limerick Township City Zoning Code
ARTICLE XXXIV
Wireless Telecommunications Facilities
§ 184-235 Short title.
This article shall be known and may be cited as the "Limerick Township Wireless Telecommunications Facilities Ordinance."
§ 184-236 Legislative intent.
In recognition of the quasi-public nature of wireless telecommunications facilities, it is the specific intent of this article to:
A.
Accommodate the need for wireless telecommunications facilities while regulating their location and number in Limerick Township;
B.
Minimize the adverse visual impact and effects of antennas and wireless support structures through proper design, siting and vegetative screening;
C.
Avoid potential damage to adjacent properties from wireless support structure failure and falling ice or debris, through engineering and proper siting of wireless support structures;
D.
Encourage the joint use of any new and existing wireless support structures to reduce the number of such structures needed in the future;
E.
Ensure that the location and number of antennas are in the best interests of the health, safety and general welfare of the inhabitants of Limerick Township in their person and property; and
F.
Minimize any adverse effects attributable to the location and design of wireless telecommunications facilities on residential property values.
§ 184-237 Interpretation.
In interpreting and applying the provisions of this article, the minimum requirements for the promotion of the health, safety and general welfare of the inhabitants of Limerick Township shall be followed. Where the provisions of this article impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this article shall control. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this article, the provisions of such statute, other ordinance or regulation shall control.
§ 184-238 Definitions.
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section:
Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
Man-made trees, clock towers, tall steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas on towers.
Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas (such as panels) and omnidirectional antennas (such as Whips), but not including satellite earth stations.
The vertical distance measured from the base of the wireless support structure at existing grade to the highest point of the structure, including the antenna(s). If the wireless support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
A formal request submitted to the Township to erect, construct, replace, collocate or modify a wireless support structure, equipment compound or a wireless telecommunications facility.
A station at a specified site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.
The placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
An electrical transmission structure used to support overhead power lines consisting of sixty-nine-kilovolt or greater conducting lines, generally of steel construction and having a height of at least 75 feet. The term does not include any utility pole having a height of less than 75 feet.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
A wireless support structure consisting of a single pole or spire constructed without guywires or ground anchor.
The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
Any increase in the height of the wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth in this definition if necessary to avoid interference with existing antennas.
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array in accordance with the provisions of this act shall not be permitted.
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, as well as the structure and any support thereto.
A standpipe or an elevated tank situated on a wireless support structure, both of which shall be constructed of steel, have a height of at least 75 feet and be used as a reservoir or facility to deliver water.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure that could support the placement or installation of wireless telecommunications facilities if approved by the Township.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
Includes, but are not limited to:
Commercial mobile services, meaning any mobile service, as defined by Section 153 of the Federal Communications Act of 1934, 47 U.S.C. § 151, et seq., as amended, making interconnected service available to public or to eligible classes constituting a substantial portion of the public, including personal communications, cellular radiotelephone and paging services.
Common carrier wireless exchange access services, meaning the offering of access to telephone exchange services or facilities to the originator or terminator of telephone toll services by any common carrier for hire, in interstate or foreign communications by wire, radio or radio transmission of energy, excluding a person engaged in radio broadcasting to the extent of such engagement.
Unlicensed wireless telecommunications services, meaning the offering of telecommunication services using duly authorized devices not requiring individual licenses, excluding the provision of direct exchange satellite services.
A tract or parcel of land or a portion thereof containing as its principal use a wireless telecommunications facility, wireless support structure, building(s), parking and may also include other uses ancillary to the telecommunication signal transmission or processing and associated equipment (a business office, maintenance depot, vehicle storage, etc.).
[Amended 8-15-2017 by Ord. No. 379]
§ 184-239 Use regulations.
A.
Prohibited in residential zones. No wireless telecommunications facility shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Wireless telecommunications facilities are permitted only in such districts as specified in this article. Residential districts are defined as R-1, R-2, R-3, R-4 and R-5 only.
B.
Ancillary uses. All other uses ancillary to a wireless telecommunications facility and its support structure, including a business office, maintenance depot, vehicle storage, etc., are prohibited from the wireless telecommunications services site unless otherwise permitted in the zoning district in which the wireless telecommunications services site is located.
C.
Permitted uses.
(1)
Public property. A wireless telecommunications facility with antennas and assorted equipment that is to be situated on land owned or controlled by Limerick Township is permitted without the need for a conditional use, subject to the zoning restrictions herein, provided that the applicant submits a written agreement with the Township authorizing such antenna and/or wireless support structure.
(2)
Existing support structure. A wireless telecommunications facility with antennas and assorted equipment that is to be attached to an existing wireless telecommunications facility, smokestack, water tower, or any other tall structure is permitted in all zoning districts without the need for a conditional use, provided that the applicant submits a written agreement with the owner of the wireless support structure allowing the shared use.
(3)
New tower construction. A wireless telecommunications facility with antennas and assorted necessary equipment that is not to be mounted on an existing wireless support structure is permitted without the need for a conditional use in a district zoned Office/Limited Industrial (O/LI), Limited Light Industrial (LLI), Heavy Industrial (HI), Heavy Industrial and Energy (HI/E), and Retail Business (RB), provided that the applicant demonstrates that it contacted the owners of tall structures within a two-mile radius of the proposed site. Such tall structures include, but are not limited to, smokestacks, water towers, tall buildings, existing towers owned by other wireless telecommunications service providers and other communications towers (fire, police, etc.).
(a)
The Zoning Officer may deny any application to construct a new tower if a determination is made that the applicant did not make a good-faith effort to mount the antenna on an existing structure. For the purposes of this section, a good-faith effort requires that the applicant contact all owners of potentially suitable structures within a two-mile radius of the proposed site and one or more of the following reasons for not selecting an existing tall structure applies:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;
[2]
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that structure and the interference cannot be prevented at a reasonable cost;
[3]
Existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its function;
[4]
The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communication Commission governing human exposure to electromagnetic radiation; and/or
[5]
A commercially reasonable agreement could not be reached with the owner(s) of any existing structure(s).
D.
Conditional uses. A wireless telecommunications facility with antennas and assorted necessary equipment that is not to be mounted on an existing wireless support structure or other potentially suitable existing structure is permitted as a conditional use in a district other than O/LI, LLI, HI, HI/E, and RB, excluding residential districts. The Board of Supervisors may grant a conditional use after review of the Planning Commission and a public hearing before the Board of Supervisors. All adjacent parcel owners, regardless of municipality of the parcel, must be notified in writing at least two weeks prior to the public hearing. In addition, the applicant must:
(1)
Establish that there is not suitable space on potentially suitable existing structures or other wireless telecommunications services sites where the proposed wireless telecommunications facility can be accommodated and function as required by its construction permit or license without unreasonable modification;
(2)
Establish that technological evidence conclusively demonstrates that the intended location of the proposed wireless telecommunications facility is necessary to satisfy its function in the grid system and the providing of the quality of service required by law;
(3)
Provide a full site plan, which shall include:
(a)
Written authorization from the property owner of the proposed wireless support structure site;
(b)
A site plan drawn to scale of not smaller than 100 feet to one inch, depicting or providing the following:
[1]
Property boundaries;
[2]
Any tower, guywire, anchors and other apparatus;
[3]
Existing and proposed structures;
[4]
Scaled elevation view of proposed structures;
[6]
Parking area;
[7]
Fences as provided herein;
[8]
Location and content of any informational, warning or other signs;
[9]
Exterior lighting specifications as provided herein;
[10]
Landscaping plan as provided herein;
[11]
Land elevation contours not greater than intervals of five feet;
[12]
Existing land uses and zoning districts surrounding the site;
[13]
Proposed transmission building and/or other accessory uses; and
[14]
Proposed use.
(c)
Provide a written report, which shall include:
[1]
Information describing the tower height and design;
[2]
A cross-section of the structure;
[3]
Engineering specifications detailing construction of the tower, base and guywire anchorage;
[4]
Information describing the proposed painting and lighting schemes;
[5]
Information describing the tower's capacity, including the number and type of antennas that it can accommodate;
[6]
Radio frequency coverage;
[7]
All tower structure information is to be certified by a licensed professional engineer;
[8]
Certification of all wireless telecommunications facilities data by an engineer experienced in wireless telecommunications service facilities; and
[9]
An inventory of potentially suitable existing structures within a two-mile radius of the proposed site and information discussing unavailability of such sites for one or more of the following reasons:
[a]
Refusal by current tower owner;
[b]
Topographic limitations;
[c]
Adjacent impediments blocking transmission;
[d]
Site limitations to tower construction;
[e]
Technical limitations of the system;
[f]
Equipment exceeds structural capacity of facility or wireless support structure;
[g]
No space on existing facility or wireless support structure;
[h]
Other limiting factors rendering existing facilities or wireless support structures unusable; and/or
[i]
An update of capacity on an existing wireless support structure.
E.
Replacement, collocation or modification of antennas.
(1)
Applicability. The replacement, collocation or modification of an antenna located on an existing wireless support structure, as those terms are defined by this article, is permitted and shall be subject to the application and review requirements below, provided the proposed replacement, collocation or modification:
(a)
Complies with the applicable conditions of approval for the initial antennas and support structure;
(b)
Does not substantially change the physical dimensions of the wireless support structure to which the antennas are to be attached;
(c)
Does not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array, unless the Township permits and approves such an increase; and
(d)
Does not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
(2)
Application and review. The Township shall approve an application for the replacement, collocation or modification of any antenna on an existing wireless support structure if the application conforms to all applicable building permit requirements, including those pertaining to the added structural loading of the proposed antennas and related equipment.
(a)
An application shall be complete when all documents, information and fees specifically enumerated in the Township's regulations, ordinances and forms pertaining to the location, modification or operation of antennas are submitted by the applicant to the Township.
(b)
Within 30 business days of the filing date of an application, the Township shall notify the applicant in writing of any information required to complete an application. If additional information is required to complete the application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period in which the Township must render a final decision on the application.
(d)
If the Township fails to act upon an application under this section within the ninety-day review period, the application shall be deemed approved. If the Township has advised the applicant in writing that additional information is required to complete the application pursuant to Subsection E(2)(a), the time required by the applicant to provide the information shall not be counted toward the ninety-day period within which the Township must act on the application.
(e)
The rights of any person adversely affected by any final action or failure to act by the Township with respect to an application for the replacement, collocation or modification of any antenna on an existing wireless support structure, including the right to appeal, shall be governed by the Wireless Broadband Collocation Act, Act 191 of 2012, P.L. 1501.
§ 184-240 General requirements for all wireless telecommunications facilities.
A.
Antenna height. The applicant shall demonstrate that the wireless support structure and antenna are the lowest height required to function satisfactorily. In no case shall any wireless support structure, including antennas, exceed a maximum height of 199 feet.
B.
Setbacks from base of wireless support structure. If a new tower is constructed (as opposed to mounting the antenna on an existing structure), the minimum distances between the base of the wireless support structure or any guywire anchors and any property line or right-of-way line shall be the largest of the following:
C.
New towers. Except as hereinafter provided, a monopole wireless support structure shall be required in all cases. The Board of Supervisors may grant use of guywire, freestanding or any other type of wireless support structure as a conditional use after review by the Planning Commission and a public hearing before the Board of Supervisors. The applicant must establish the following for approval of conditional use:
(1)
The cost of erecting a monopole would preclude the provision of adequate service to the public, or erection of a safe wireless support structure;
(2)
The proposed tower would have the least practical adverse visual impact on the environment and closely resembles a monopole; and
(3)
The proposed tower is architecturally compatible with surrounding buildings and land use through location and design and blends in with the existing characteristics of the site to the extent practical.
D.
Wireless support structure safety. The applicant shall demonstrate that the proposed antenna and wireless support structure are safe and the surrounding areas will not be negatively affected by wireless support structure failure, falling ice, or other debris. The applicant shall also demonstrate compliance with guidelines recommended by the American National Standard Institute (ANSI) (ANSI/IEEEC95-1-1992) with respect to radio frequency emissions. All wireless support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
E.
Fencing. A fence shall be required around the wireless support structure, building(s), and other equipment unless the antenna is mounted on an existing structure. The fence shall be six feet in height and shall completely enclose the antenna, wireless support structure, and related facilities, shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized operations or maintenance personnel.
[Amended 8-15-2017 by Ord. No. 379]
F.
Landscaping. The following landscaping shall be required to screen as much of the wireless support structure as possible, the fence surrounding the wireless support structure, and any other ground-level features (such as a building), and in general soften the appearance of the wireless telecommunications services site. The Township may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
G.
FCC licensing. The applicant company must demonstrate that it is licensed by the Federal Communications Commission.
H.
Required parking. If the wireless telecommunications services site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, two parking spaces shall be required.
I.
Painting and artificial lighting. Wireless support structures shall be painted in a color that best allows it to blend into the surroundings unless otherwise required by the Federal Aviation Administration (FAA) regulations. No wireless support structure may be artificially lighted except when required by the FAA.
J.
Aesthetics. Wireless telecommunications facilities shall result in a minimal visual impact for those residents in the immediate area and for those in the larger community who view these facilities from a distance. Minimal visual impact shall include the following:
(1)
For facilities located in highly developed portions of the Township, buildings may be used to accomplish the screening noted above.
(2)
It is acknowledged that large, multi-use wireless support structures located within major use transmission areas cannot be effectively screened. In order to minimize the visual impact, such new facilities should be located in close proximity to other comparable structures. Accompanying buildings, ground-mounted antennas, and other equipment and structures shall be subject to screening recommendations.
(3)
FAA requirements for coloring and lighting of wireless support structures supersedes Township requirements for visual minimum impact.
(4)
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.
K.
As-built plans. Within 60 days of completion of the initial construction and any additional construction, applicant shall furnish two complete sets of plans, drawn to scale and certified to the Township as accurately depicting the location of a wireless telecommunications facility constructed pursuant to the building permit.
L.
Removal. Any wireless support structure that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the Township with a copy of the notice to the FCC of intent to cease operations and shall be given 90 days from the date of ceasing operations to remove the obsolete wireless support structure and ancillary structures. In the case of multiple operators sharing use of a single wireless support structure, this provision shall not become effective until all users cease operations.
[Amended 8-15-2017 by Ord. No. 379]
M.
Site plan. A full site plan and written report containing the information required in § 184-239D(3) shall be submitted by the applicant in every instance except as provided in § 184-239C.
§ 184-241 Violations and penalties applicable to all wireless telecommunications facilities.
A.
Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. Each day that the violation continues shall constitute a separate violation. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain any violation of any provision of this article.
B.
Determination of violation. In the event a determination is made that a person has violated any provision of this article, such person shall be provided with written notice of the determination and the reasons therefore. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided that the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.
§ 184-242 Miscellaneous.
A.
Police powers. The Township, by granting any permit or taking any other action pursuant to this article, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
B.
Amateur radio. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio status operator.