Lower Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XXXI
Communications Equipment, Antennas and Towers
§ 143-250 Intent; regulations.
A.
Legislative intent. The legislative intent of the Board of Supervisors relating to the placement of communications antennas within the Township shall be as follows:
(1)
To accommodate the need for communications antennas while regulating their location and number in Lower Providence Township.
(2)
To minimize adverse visual effects of communications antennas, communications towers and communications equipment buildings through proper design, siting, and vegetative screening.
(3)
To avoid, potential damage to adjacent properties from communications tower failure and falling ice through engineering and proper siting of antenna support structures.
(4)
To encourage the joint use of any new communications towers to reduce the number of such towers needed in the future.
B.
Use regulations. The use regulations for communications antennas within Lower Providence Township shall be as follows:
(1)
When the antenna is attached to an existing public utility transmission tower (as hereinafter described), a communications antenna with an accompanying communications equipment building is permitted by right in all zoning districts.
(2)
When the antenna is attached to a preexisting communications tower, public utility transmission tower, smokestack, water tower, building, or other tall structure in the Industrial District, General Commercial District, Highway Commercial District, Industrial Park District, Institutional Overlay District and Limited Industrial District, a communications antenna with an accompanying communications equipment building shall be permitted by right.
[Amended 10-20-2011 by Ord. No. 602]
(3)
The erection of communications towers with accompanying communications antennas and equipment buildings is permitted by special exception in the following zoning districts:
[Amended 10-20-2011 by Ord. No. 602]
(4)
Erection and operation of a communications tower with accompanying antenna and equipment buildings shall be permitted by special exception on any municipally owned property, regardless of the zoning district in which it is located if prior written approval for said use shall first be had and obtained from the governing body of the Township.
(5)
Amateur radio. This chapter shall not govern any tower or the installation of any antennas that are under 65 feet in height and operated by a federally licensed amateur status operator.
[Added 10-20-2011 by Ord. No. 602]
C.
Regulations for communications antennas.
(1)
Communications antennas shall not exceed the height of the structures on which they are mounted, including but not limited to existing communications towers, public utility transmission towers, smokestacks, water towers, buildings, other existing structures, or proposed communications towers, by more than 20 feet.
(2)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height or seven inches in diameter.
(3)
Directional or panel communications antennas shall not exceed five feet in height or three feet in width.
(4)
Any applicant proposing communications antennas that will be mounted on a building or other structure shall submit the following information:
(a)
Evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antennas' location.
(b)
Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure, for review by the Township Code Enforcement Officer for compliance with the Township Building Code and other applicable regulations.
(c)
Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment can be accomplished.
(5)
The installation of communications antennas not involving the construction of a new building, a new building addition or a communications tower does not require the submittal of a land development plan.
(6)
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(7)
One off-street parking space shall be provided for a communications antenna, communications equipment building and/or communications tower.
(8)
Communications antennas shall be of stealth design as required by the Township, and must comply with the following standards relating to aesthetics, placement and colors:
(a)
Communications antennas shall be designed so as to blend into the existing attachment structure to the extent feasible, including placement in a location that is consistent with the proper functioning of the communications antennas and use of compatible or neutral colors.
(b)
Communications antennas that have aesthetic impacts that cannot be reasonably mitigated by placement and color solutions may be required to be screened in a reasonable and achievable manner.
(c)
Communications antennas and communications towers or attachment facilities shall be designed so as to blend in with the existing surroundings to the extent feasible, including the use of compatible colors and disguised structures such as man-made trees, clock towers, bell steeples, lightpoles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or communications towers.
(d)
The applicant shall provide evidence satisfactory to the Board of Supervisors that the stealth design of the communications antenna effectively minimizes its visual impact and blends with its surroundings prior to the issuance of a building permit.
D.
Regulations for communications equipment buildings.
(1)
Communications equipment buildings shall meet the height and setback requirements for principal buildings in any zoning districts in which the building is located.
(3)
The construction of communications equipment buildings shall be considered a land development and shall be accompanied by a full site plan, as required by the Township's Subdivision and Land Development Ordinance.
E.
Regulations for communications towers.
(1)
Communications towers shall only be permitted by special exception when the following conditions have been met:
(a)
The applicant demonstrates, through the submission of technological evidence, that the communications tower must be located where it is proposed to satisfy its function in a company's grid system.
(b)
The applicant demonstrates that it has contacted the owners of tall buildings, structures, and towers within a one-quarter-mile radius of the proposed site, asked for permission to install the antenna on those buildings, structures, and towers, and was denied for one of the following reasons:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing building, structure, or tower, 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 existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with the owners of such building, structure, or tower.
(c)
The applicant agrees that the communications tower shall be dismantled and removed if the tower remains unused for a period of 12 consecutive months. Such dismantling and removal shall occur within six months of the expiration of the twelve-month period.
(d)
The applicant agrees that in order to reduce the number of communications towers needed in Lower Providence Township in the future, the proposed communications tower shall be designed to reasonably accommodate other users, including other cellular communication companies, and local police, fire, and ambulance companies.
(2)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. In no case shall the height of communications towers, including any attachments thereto, exceed 100 feet.
(3)
The foundation and base on any communications tower shall be set back from property lines (not lease lines) by the largest of the following:
(4)
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Pennsylvania Building Code, Lower Providence's Building Code and other applicable federal, state and municipal regulations, resolutions or ordinances.
(5)
All towers shall be fitted with anti-climbing devices, as approved by the manufacturers.
(6)
An eight-foot high security fence shall be required around the communications tower and other equipment. The fence shall be landscaped to screen it from direct view.
(7)
Communications towers must comply with the following standards relating to aesthetics, placement, and colors:
(a)
Communications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color or colors, (preapproved by the Township) so as to reduce visual obtrusiveness and blend them into the natural setting and surrounding buildings to the extent it is reasonably possible.
(b)
All communications equipment buildings associated with a communications tower shall be designed to utilize materials, colors, textures, screening and landscaping to blend them into the natural setting and surrounding buildings to an extent reasonably feasible.
(c)
Any supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the communications tower so as to make the supporting electrical and mechanical equipment as visually unobtrusive as possible and blended into the natural setting and surrounding buildings.
(8)
Access shall be provided to a communications tower and/or communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a paved driveway for its entire length.
(9)
All guy wires associated with a guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. Guy wires and their anchors must be set back at least 50 feet from property lines.
(10)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, the Federal Aviation Administration, or other governmental agency that has jurisdiction on such matters, or which may be needed for emergency repair.
(11)
Property line buffers and site element screens shall be provided to screen the base of the tower in accordance with the Township's Subdivision and Land Development Ordinance.
(12)
A communications tower may be located on a lot occupied by other principal structures, provided the tower and its accompanying communications equipment building are set back at least 50 feet from all other buildings and structures on the lot.
(13)
A communications tower may occupy a leased area within a lot that meets the minimum lot size and other requirements of the zoning district in which it is located.
(14)
The construction of communications towers and any associated equipment buildings shall be considered a land development and shall be accompanied by a full site plan, as required by the Township's Subdivision and Land Development Ordinance.