Prospect Park City Zoning Code
ARTICLE XIX
Wireless Telecommunications Towers and Antennas
§ 70-109 Purpose; goals.
A.
The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas.
B.
Goals.
(1)
The goals of this article are to:
(a)
Encourage the location of towers in nonresidential areas, where possible;
(b)
Minimize the total number of towers throughout the community;
(c)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(d)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(e)
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 innovative camouflaging techniques;
(f)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(g)
Consider the public health and safety of communication towers;
(h)
Avoid potential damage to adjacent properties from structural failure of the tower through engineering and careful siting of tower structures; and
(i)
Permit and manage reasonable access to the public ways for telecommunications purposes on a competitively neutral basis.
(2)
In furtherance of these goals, the Borough of Prospect Park shall give due consideration to the Borough of Prospect Park's Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the locations of towers and antennas.
§ 70-110 Definitions.
As used in this article, 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 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 telecommunications signals or other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switches telephone network.
Council for the Borough of Prospect Park.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a towers 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 base 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 this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
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.
All that property owned, leased or otherwise controlled by the Borough of Prospect Park, including its rights-of-way and including the lights of way of state highways located in the Borough with the permission or acquiescence of the state.
§ 70-111 Applicability.
B.
Amateur radio station operators/receive only antennas. This article shall not govern any tower or the installation of any antenna that complies with the pertinent height requirement of the Zoning Code and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receiving only antennas.
D.
AM array. For purposes of implementing this article, 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.
§ 70-112 General requirements.
A.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Council an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Borough of Prospect Park or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Council may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Borough of Prospect Park; provided, however, that the Council is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
B.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall be either blue, reinforced concrete or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
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.
(3)
If an antenna is installed on a structure or 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.
C.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternative and design chosen must cause the least disturbance to the surrounding views.
D.
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 article 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.
E.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed, constructed and 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 approvals 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 Borough 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, at any time, the Borough of Prospect Park 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.
F.
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as public utilities or private utilities.
G.
Franchises. Owners and/or operators of towers or antennas shall certify that all licenses or franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Prospect Park have been obtained and shall file a copy of all required licenses or franchises with the Council.
H.
Public notice. For purposes of this article, any special exception request or appeal of an administrative decision shall require public notice pursuant to the dictates of the Zoning Code.
I.
Signs. No signs shall be allowed on an antenna or tower, except as required by law.
J.
Support equipment. The support equipment associated with antennas or towers shall comply with the requirements of § 70-116.
K.
Multiple antenna/tower plan. The Borough of Prospect Park 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.
L.
Collocation. In order to reduce the number of towers in Prospect Park Borough in the future, the proposed tower, if required by the Council and/or Zoning Hearing Board, shall be designed to accommodate future other communication users, including commercial wireless communication companies, local police, fire and ambulance companies.
M.
Service to the Borough. A provider of telecommunications service within the Borough of Prospect Park shall make its telecommunications services available to the Borough at its most favorable rate for similarly situated users, unless otherwise provided for in a lease, license or franchise agreement.
§ 70-113 Administrative review.
The following provisions shall govern the administrative review of towers and antennas.
A.
The Borough Council shall administratively review each request for the siting and/or erection of any tower or antenna.
B.
Each applicant for administrative review shall, in the first instance, apply to the Council, providing the information set forth in § 70-115B(1) and (3) of this article and a nonrefundable charge as established by resolution of the Council to reimburse the Borough for the costs associated with reviewing the application. This is in addition to any other applications or fees that may be required.
C.
The Council shall review the application to determine if the proposed use complies with §§ 70-112 and 70-115C of this article. The Council shall also consider the factors set forth in § 70-115B(2) through (7), inclusive.
D.
In connection with any such administrative review pursuant to § 70-115, the Council may recommend to the Zoning Hearing Board reduction of the setback requirements in § 70-115B(4) and the separation distances between towers in § 70-115B(5).
E.
In connection with any such administrative approval, the Council may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
§ 70-114 Telecommunications Overlay District; permitted uses.
A.
Telecommunications Overlay District. A Telecommunications Overlay District is hereby created. This Telecommunications Overlay District applies to all zoning districts in Prospect Park. The Telecommunications Overlay District ("TO") shall consist of property owned, leased or otherwise controlled by the Borough of Prospect Park, including its rights-of-way and including the rights-of-way of state highways within the Borough with the permission or acquiescence of the state.
B.
Locating antennas or towers within a Telecommunications Overlay District is a use specifically permitted, provided that:
(1)
A license or lease authorizing such antenna or tower has been approved by the Borough of Prospect Park and the Borough of Prospect Park has administratively approved the application.
(2)
The requested use must comply in every way with the Prospect Park Zoning Code, except that there shall be a minimum setback of 100 feet from any residential property line.
C.
All towers and antennas erected, installed or located as a permitted use shall be located so as to minimize the adverse visual impact of the tower and/or antenna.
D.
All towers and antennas erected, installed or located as a permitted use shall be located so as to minimize the adverse visual impact of the tower and/or antenna
§ 70-115 Special exceptions.
A.
General. The following provisions shall govern the issuance of a special exception for towers or antennas:
(1)
If the tower or antenna is not permitted pursuant to § 70-114 of this article, a special exception shall be required for the construction of a tower or the placement of an antenna in all zoning districts other than Residence Districts. Towers and antennas are allowed in Residential Districts pursuant to § 70-114 only.
(2)
Administrative approval pursuant to § 70-113 of this article shall be requested at the time an applicant files a request for a special exception.
(3)
Applications for special exceptions under this section shall be subject to the procedures and requirements of the Prospect Park Zoning Ordinance, including the usual costs and fees.
(4)
In granting a special exception, the Zoning Hearing Board (ZHB) may impose conditions to the extent the Zoning Hearing Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.
(5)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer registered in the Commonwealth of Pennsylvania.
(6)
An applicant for a special exception shall submit, in duplicate, the information described in this section with one copy for the Council and the other copy for the Zoning Hearing Board.
B.
Towers.
(1)
Information required. In addition to any information required for applications for a special exception, applicants for a special exception for a tower shall submit the following information
(a)
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), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection B(5), 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 Council to be necessary to assess compliance with this article.
(b)
Legal description of the parent tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 70-112A 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.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i)
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.
(j)
A description of the feasible location(s) of future towers or antennas within the Borough of Prospect Park based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2)
Factors considered in granting a special exception for towers. In addition to any standards for consideration of special exception applications pursuant to the Zoning Ordinance, the Zoning Hearing Board shall consider the following factors in determining whether to issue a special exception, 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 article are better served thereby:
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures and residential district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, the particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress, with particular reference to access via streets in nonresidential districts;
(3)
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 towers, building, 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 Council related to the availability of suitable existing towers, buildings, other structures or alternative technology. Evidence to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers, buildings or structures are located within the geographic area which meet the applicant's engineering requirements.
(b)
Existing towers, buildings or structure are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers, buildings or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers, buildings or structures, or the antenna on the existing towers, buildings or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures suitable.
(g)
The applicant demonstrates that an alternate technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall apply to all towers and antennas for which a special exception is required; provided, however, that the Zoning Hearing Board may reduce the standard setback requirements if the goals of this article would be better served thereby:
(5)
Separation. The following separation requirements shall apply to all towers and antennas for which a special exception is required; provided, however, that the Zoning Hearing Board may reduce the standard separation requirements if the goals of this article would be better served thereby.
(a)
Separation from off-site uses/designated areas.
[1]
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 1.
[2]
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 tower,2 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 | None; only setbacks apply nonresidential uses |
NOTES: | |
1Includes modular homes and mobile homes used for living purposes. | |
2Separation measured from base of tower to closest building setback line. |
(b)
Separation distances between towers. 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 | 5,000 | 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 |
(6)
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 Council or Zoning Hearing Board may waive such requirements, as it deems appropriate.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special exception is required; provided, however, that the Council or Zoning Hearing Board may waive such requirements if the goals of this article would be better served thereby.
(a)
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.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c)
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.
C.
Antennas. The applicant shall demonstrate that the antenna(s) is the minimum height required to function satisfactorily to serve the technical requirements of the applicant.
§ 70-116 Equipment storage.
A.
Antennas mounted on rooftops. The equipment cabinet or structure used in association with legally placed antennas mounted on rooftops shall comply with the following:
(1)
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.
(2)
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.
(3)
Equipment storage cabinets or cabinets shall comply with all applicable Building Codes.
B.
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 nor be more than 12 feet in height, and may be located:
(1)
In front or side yard, provided that the cabinet or structure is no greater than six feet in height or 16 square feet of gross floor area and the cabinet/structure 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 to 66 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided that 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.
C.
Modification of size requirements. The requirements of this section may be modified by the Council in the case of administrative approvals or by the Zoning Hearing Board in the case of a special exception to encourage collocation.
§ 70-117 Removal of abandoned antennas and towers.
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 Council notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the Borough to cause the removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
§ 70-118 Nonconforming uses.
A.
Not expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
B.
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 than routine maintenance on a preexisting tower shall comply with the requirements of this article.
C.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 70-117, preexisting nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special exception and without having to meet the separation requirements specified in § 70-115B(4) and (5). The type, height and location of the tower on site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained with 180 days from the date the facility is first damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 70-117.