Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XXX
Wireless Communications Facilities
§ 230-220 Purpose and intent.
In an effort to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);[1] the Federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act), Pub. L. No. 112-96, 126 Stat. 156 (2012),[2] and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq., and in expansion of the purposes contained in Article I, § 230-2, of this chapter, and the policies and recommendations of the Township's Comprehensive Plan, as amended, the Township established the following provisions for the regulation of wireless communications facilities, including but not limited to communications antennas, communications antenna support structures and communications equipment buildings. In addition, other specific intents and purposes of this article include the following:
A.
Recognize that technical developments in the communications field have provided new options for the expansion and delivery of wireless communications services to Montgomery Township and its residents.
B.
Recognize that the Township's police, fire and emergency medical services, residents and visitors rely on wireless communications services for business and personal uses.
C.
Encourage efficient wireless communications services within the Township while protecting the public health, safety and welfare.
D.
Permit communications services while protecting the interests of Township residents by regulating the placement and construction of wireless communications facilities, including satellite dish antennas.
E.
Respect federal and state statutes and regulations that impose certain limitations on the Township's ability to regulate the placement and construction of wireless communications facilities.
F.
Minimize adverse visual effects of wireless communications facilities through proper design, siting and vegetative screening.
G.
Encourage good and efficient planning through the joint use of any new or existing communications antenna support structures.
§ 230-221 Definitions.
For the purposes of this article, the following definitions shall apply:
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 equipment.
Includes ham and citizens band radio antennas or others operated by individual amateur radio operators or clubs on a nonprofit basis for use only within the property on which the amateur radio antenna is located.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
A structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this article, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.
Any tower or base station, provided that it is existing at the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
 |
Minimum height necessary for a WCF to function satisfactorily.
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 telecommunication 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 tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
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.
The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any non-exclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
NONCOMMERCIALThose used by an individual property owner for reception of signals from satellites for use only within the property on which the satellite dish is located.
COMMERCIALThose used by a commercial business for reception of signals from satellites for distribution to other properties or for the transmission of signals to satellites.
For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the original height of the tower 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; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure.
The modification entails any excavation or deployment outside the current site.
Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e. Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment, shall not be considered a tower.
Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.
Equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul.
Wireless communications facilities located on existing structures such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
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, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.
§ 230-222 Permitted and prohibited zoning districts for WCF.
Table 230-222.1 - Permitted Zoning Districts | |||
|---|---|---|---|
WCF Type | Zoning Districts | Permitted By Right, CU, or SE | |
A | Tower-based WCF located in the ROW | Non-residential zoning districts | By right |
Residential zoning districts (subject to Table 223.1 below) | CU | ||
B | Tower-based WCF where the tower is 40 feet or less in height, located out of the ROW | Non-residential lots or properties in residential zoning districts (subject to Table 223.1 below) | By right |
Non-residential zoning districts, excluding the BP District | |||
Municipal owned property in all zoning districts | |||
C | Tower-based WCF where the tower is more than 40 feet in height, located out of the ROW | Non-residential districts, excluding the BP District | By right |
Municipal or municipal authority owned properties in residential zoning districts | By right | ||
D | WCF on existing structures | All zoning districts | By right |
E | Eligible facilities request | ||
Table 230-222.2 - Prohibited Zoning Districts | ||
|---|---|---|
WCF Type | Prohibited Zoning Districts | |
A | Tower-based WCF located out of the ROW | Residential lots or properties in residential zoning districts; any lot or property in the BP District |
B | Tower-based WCF located in the ROW | Residential zoning districts where all public service utilities are primarily located underground within 100 feet of the proposed tower or base station |
§ 230-223 Bulk and area requirements.
Table 230-223.1 - tower-based WCFs | |||
|---|---|---|---|
WCF Out of ROW | WCF in ROW | ||
Height | Maximum height of 150 feet | Tower-based WCFs shall be designed to minimum functional height, not to exceed 40 feet in residential zoning districts and 60 feet in non-residential zoning districts. Applicants must submit documentation justifying the total height. | |
Lot size | Only use on lot or property | Minimum of 1 acre | Not applicable |
Combined with another use on lot or property | A minimum of 1 acre plus the area needed to accommodate the WCF and guy wires, accessory equipment, and, if required, security fence and landscaping and screening | ||
Setbacks | Towers | Setback from property lines, not lease lines, at least 100% to 110%1 of the combined height of the wireless support structure and antennas, or the applicable minimum building setback in the underlying zoning district, whichever is greater. Additionally, all towers shall be set back at least 200 feet from any dwelling | Not applicable |
Equipment buildings/cabinets | Subject to applicable minimum accessory use or structure setback in the underlying zoning district | ||
1 | Tower-based WCF setbacks are implemented to protect surrounding properties should a tower collapse and are thus related to the height of the tower. |
A.
Non-tower-based WCFs.
(1)
Non-tower WCFs located outside the ROW shall be co-located on existing structures, such as existing buildings or previously approved wireless support structures. Such non-tower WCF. shall not exceed a maximum height of 150 feet, inclusive of its support structure.
(2)
Non-tower WCFs in the ROW may not exceed a height of six feet above the structure upon which they are mounted, unless the applicant receives a conditional use permit.
§ 230-224 Design, construction and operations.
A.
All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes. Federal and state agencies include but are not limited to the following: Federal Communications Commission (FCC), American National Standards Institute (ANSI), National Electrical Safety Code, National Electrical Code, and National Association of Tower Erectors.
B.
All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.
C.
Collocation.
(1)
An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(2)
All tower-based WCFs where the tower is more than 40 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs where the tower is more than 40 feet in height, the applicant shall agree to allow other service providers to collocate antennas on the tower where technically and economically feasible.
D.
Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the municipality.
E.
Lighting. Towers shall not be artificially lighted beyond what is required by law.
F.
Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the municipality. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.
G.
Vehicular access.
(1)
An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way.
(2)
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
(3)
Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.
(4)
Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
(5)
An applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.
(6)
Any required access easement shall be a minimum of 20 feet in width, and the access driveway shall be improved with a dust-free, all-weather surface, including gravel, to a width of at least 10 feet throughout its entire length.
(7)
Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.
H.
Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet and a maximum height of 10 feet shall be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 40 feet in height, including guy wires, associated equipment, and buildings.
I.
Historic buildings or districts. No tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places or the Official Historic Structures and/or Historic Districts List maintained by the Township or has been designated by the Township as being of historic significance.
J.
Safety in rights-of-way.
(1)
Schedule of operations. The Township shall determine the time, place and manner of siting, design, construction, maintenance, repair, modification, removal and/or replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(2)
Alteration of a WCF.
(a)
Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
[1]
The construction, repair, maintenance or installation of any municipal or other public improvement located in the right-of-way.
[2]
The operations of the Township or other governmental entity in the right-of-way.
[3]
Vacation of a street or road or the release of a utility easement.
[4]
An emergency as determined by the Township.
(b)
No permit is required for such removal, relocation, change or alteration ordered by the Township.
(3)
Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.
K.
Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.
L.
Soil report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height, shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.
M.
Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
N.
Inspections for all WCFs where the new tower is more than 40 feet in height.
(1)
A copy of any required inspection report shall be provided to the Township following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Township.
O.
Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.
P.
Anticlimbing devices. When required by the Township, all communications antenna support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.
Q.
Guy wires. All guy wires shall be clearly marked to be visible at all times.
§ 230-225 Aesthetics, landscaping and screening.
A.
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
B.
Landscaping and screening. An applicant for a tower-based WCF where the new tower is more than 40 feet in height, located outside of the right-of-way, shall submit a landscaping and screening design including the following:
(1)
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable.
§ 230-225.1 Replacement, collocation or modification.
A.
Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this section, an application for replacement, collocation or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.
B.
Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.
C.
Any substantial change to an existing tower-based WCF shall require approval of the Township in accordance with the terms of this section.
D.
Mounting. An applicant proposing a WCF on an existing structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on the existing structure will be mounted on the existing structure for review by the Township Building Code Official for compliance with the Building Code.
§ 230-225.2 Administrative and procedural requirements.
The following administrative and procedural requirements apply to all WCFs, antennas and support structures:
A.
Site plan. A site plan shall be required for all new communications antenna support structures proposed to be more than 50 feet in height, for the construction of new communications equipment buildings and for all ground-mounted commercial satellite dish antenna proposals. The site plan shall show the following information:
(1)
Property lines, building setbacks required by the Zoning Ordinance, and zoning district(s) of all adjacent lots and areas subject to easements and deed restrictions.
(2)
Existing buildings and other structures, streets, sidewalks, parking areas and large trees.
(3)
The proposed telecommunications facilities, including any proposed fencing, guy wires, landscaping or other related features.
(4)
The drop zone for any proposed communications antenna support structures.
(5)
Any other information deemed necessary by the Board of Supervisors.
B.
Construction and elevation drawings. For communications antennas proposed to be mounted on a building or other structure, the applicant shall submit, as part of its site plan, construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Code Enforcement Officer for compliance with the Montgomery Township Building Code and other applicable laws.
C.
Compliance with electrical codes. All communications antennas shall comply with all regulations in the latest edition of the national electrical codes.
D.
Licensing. When an applicant must be licensed by the Federal Communications Commission, the applicant shall submit a copy of its current FCC license to the Township.
E.
Township identification. An identification tag with the Township permit number shall be attached to all wireless telecommunications facilities that require a Township permit.
§ 230-225.3 Discontinuation, abandonment and removal.
In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
A.
All unused or abandoned WCFs and accessory facilities shall be removed within six to 12 months of the cessation of operations at the site unless a time extension is approved by the Township.
B.
If the WCF and/or accessory facility is not removed within six to 12 months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
C.
Any unused portions of WCFs, including antennas, shall be removed within six to 12 months of the time of cessation of operations.
§ 230-225.4 Amateur radio antennas.
A.
Setbacks. Amateur radio antennas and support structures may be placed anywhere on a lot.
B.
Amateur radio antenna and support structure safety. The Township Code Enforcement Officer may inspect amateur radio antennas and support structures to determine if these facilities are safely installed. If the Township Code Enforcement Officer determines that safety problems exist, the Code Enforcement Officer can require remediation of the safety problems at the owner's expense or can require removal of the unsafe antenna and/or support structure.
§ 230-225.5 Satellite dish antenna regulations.
A.
Noncommercial satellite dish antennas.
(1)
Setbacks. Noncommercial satellite dish antennas shall comply with the following setback requirements:
(a)
Antennas shall be set back from side and rear lot lines by a distance at least equal to the minimum yard setback for the district in which the antenna is located or by a distance at least equal to the height of the antenna, whichever is greater.
(b)
Antennas with a total height of less than four feet may be located in the front yard or in front of the primary building, provided that such antenna is entirely within four feet of the front wall of the building; otherwise, antennas shall not be permitted within the front yard or in front of the primary building.
(c)
Building-mounted antennas may intrude into front, side and rear yard setbacks for a distance no greater than any existing intrusion by an existing building.
(2)
Height. All noncommercial satellite dish antennas mounted on buildings shall not exceed the maximum building height of the zoning district in which the antenna is located.
B.
Commercial satellite dish antennas and support structures.
(1)
Setbacks. Commercial satellite dish antennas and support structures shall comply with the following setback requirements:
(a)
All antennas and support structures shall be set back a distance that is at least equal to the minimum yard setback for the district in which the antenna is located. When this yard setback is less than 50 feet, antennas and support structures 50 feet or more in height shall be set back a minimum of 50 feet from property lines and street ultimate rights-of-way lines.
(b)
Antennas and support structures shall not be permitted within the front yard or in front of the primary building.
(2)
Height. All commercial satellite dish antennas and support structures mounted on buildings shall not exceed the maximum building height of the zoning district in which the antenna is located. Commercial satellite dish antennas and support structures that are ground-mounted shall not exceed 150 feet in total height and shall meet the conditional use requirements in § 230-224.