Skippack Township City Zoning Code
ARTICLE X
Wireless Communications Facilities
§ 200-116 Establishment of regulations.
In recognition of the quasi-public nature of wireless communications facilities, the following regulations shall apply.
§ 200-117 Purpose.
A.
To accommodate the need for wireless communications facilities while minimizing their height, location and number in the Township to only what is essential.
B.
To minimize the adverse visual effects of cellular communications facilities and antenna support structures on adjacent properties, historic areas and residential neighborhoods through proper design, placement and vegetative screening.
C.
To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper placement of antenna support structures.
D.
To encourage the joint use of any new antenna support structures; to reduce the number of such structures needed in the future.
E.
To be mindful of the viewscapes and scenic vistas in the Township and thereby the negative impact wireless communications facilities may have on those amenities.
§ 200-118 Applicability.
A.
Wireless communications facilities. All wireless communications facilities not in existence on the effective date of this article shall be subject to these regulations.
B.
Preexisting wireless communications facilities. Except with regard to additions, preexisting wireless communications facilities in existence prior to the effective date of this article shall not be required to meet the provisions of this article, other than the provisions of Article XII of this chapter.
§ 200-119 Standards for approval.
A.
Principal or accessory use. Wireless communications facilities may be considered a principal or an accessory use depending upon the existence of other uses on the property. A different existing use of an existing structure on the same lot shall not preclude the installation of a wireless communications facility or support structure on such lot consistent with the provisions of this chapter.
B.
Lot size. For purposes of determining whether the installation of a wireless communications facility complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such dimensional requirements, the dimensions of the entire lot shall control, even though the wireless communications facility or support structure may be located on a leased parcel within such lot. The balance of the parcel must comply with all zoning regulations after removing the leased parcel.
C.
Inventory of existing sites. Each applicant for a wireless communications facility shall provide to the Township Manager an inventory of its existing wireless communications facilities, and applications pending for its wireless communications facilities that are either within the jurisdiction of the Township or within five miles of the border thereof, including specific information about the location, height and design of each support structure. The Township Manager may share such information with other applicants applying for approval or permits under this chapter; provided, however, that the Township Manager is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for such use.
D.
Appearance criteria. Wireless communications facilities shall meet the following requirements:
(1)
Support structures 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.
(2)
At the site of a support structure, the design of the buildings and related structures shall, to the extent reasonably feasible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
At the site of an attached wireless communications facility, the antenna array, microfacility and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the attachment structure so as to make the antenna array and related equipment as visually unobtrusive as possible.
E.
Lighting. Wireless communications facilities shall not be artificially lighted, unless required by the FAA or other applicable governmental authority.
F.
State and federal requirements. All wireless communications facilities must meet or exceed current standards or regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate it. If such standards and regulations are changed, then the owners of the wireless communications facilities governed by this chapter shall bring their facilities 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.
G.
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, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable provisions of Chapter 76 of the Code of the Township of Skippack, as amended.
H.
Measurement. For purposes of measurement, wireless communications facility setbacks and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdictional boundaries.
I.
Nonessential services. Support structures and wireless communications facilities shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
J.
Franchises. Owners and/or operators of support structures, attachment structures and wireless communications facilities shall certify that all franchises (if any) required by law for the construction and/or operation of a wireless communications facility in the Township have been obtained and shall file a copy of all required franchises with the Township Manager. The owner/operator shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number of the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antenna.
K.
Signs. No signs shall be allowed on wireless communications facilities.
L.
Buildings and support equipment. Buildings and support equipment associated with wireless communications facilities shall comply with all applicable requirements of this chapter and Chapter 76 of the Code of the Township of Skippack.
M.
Multiple wireless communications facilities on single site. The Township encourages owners of wireless communications facilities to submit a single application for approval of multiple antenna array sites and microfacility sites on a single support structure.
§ 200-120 Permitted locations and standards criteria
A.
Within the Wireless Communications Facilities Overlay District.
(1)
Creation of overlay district. The Wireless Communications Facilities Overlay District shall consist of all land within the LI Limited Industrial District, the GC General Commercial District, the UT Utility Transmission District, all municipally owned lands, and all wireless communications facilities that preexisted this article. Wireless communications facilities shall be permitted within each of these areas as a conditional use as set forth below. Conditional uses shall be permitted only when authorized by the Board of Supervisors upon the grant of a written conditional use order, and public notice and hearing, in compliance with the provisions in this chapter.
(2)
Conditional uses within the overlay district. The following uses are permitted by conditional use in the Wireless Communications Facilities Overlay District Zone:
(a)
The erection, construction, installation or use of a new support structure, with an antenna array or microfacility which, when combined, shall not be more than 110 feet in height.
(b)
The applicant shall demonstrate to the reasonable satisfaction of the Township or its consultants that the wireless communications facility is the minimum height required to function within the applicant's communications grid system. No such facility that is taller than such functional minimum height shall be entitled to receive a building permit.
(3)
Setbacks from base of support structure. The minimum distance between the base of a support structure or any guy-wire anchors and any property line or right-of-way line shall be:
(a)
All wireless communications facilities with support structure shall be set back from the lot line a distance equal to the height of the support structure.
(b)
Setback requirements may be modified by the adoption of condition(s) if the Board of Supervisors finds that placement of a wireless communications facility with support structure in a particular location will reduce its visual impact. (For example, if location adjacent to trees may provide a partial visual screen.)
(4)
Support structure safety. The applicant shall demonstrate that the proposed wireless communications facility is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other hazards or radio frequency interference. All support structures shall be fitted with or protected by anticlimbing devices, as approved by the manufacturers.
(5)
Stealth design. Wireless communications facilities shall be of stealth design as required by the Township, and must comply with the following provisions relating to aesthetics, placement and colors.
(a)
Wireless communications facilities with support structure shall be designed so as to blend in with the surroundings to the extent feasible, including the use of compatible colors and disguised structures, such as man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or support structures.
(b)
Equipment facilities shall use materials, colors and textures that blend in with the natural setting and built environment.
(6)
Effort to locate on existing structures. Before making application for any wireless communications facility to be located on a new support structure, the applicant shall demonstrate that a good faith effort was made to mount an antenna array or microfacility, whichever is applicable, on an existing structure. The applicant shall submit proof that it contacted the owners of tall structures within a one-mile radius of the site proposed, asked for permission to install the facility on those structures, offered market compensation to such owners, and was denied. These structures would include smoke stacks, water towers, tall buildings, existing or proposed support structures of other communications companies, high-tension power line towers, other communications towers (fire, police, etc.) and other tall structures.
(7)
Plan. The applicant shall provide a plan for all wireless communications facilities showing the antenna array, microfacility (if applicable), support structure, building (or equipment facility), fencing, buffering, access and such other information as the Township may require to illustrate the relationship between the proposed facility and adjacent structures and property lines. The plan shall be drawn to the standards of a land development plan.
B.
Conditions for conditional uses. When granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. Such conditions and safeguards may include, but need not be limited to, conditions on height, stealth design, particular location on a lot, fencing and other measures that implement the purposes of this chapter.
§ 200-121 Special standards.
A.
Fencing. A fence shall be required around a wireless communications facility with support structure and other equipment. The fence shall be a maximum of eight feet in height and shall be completely screened with evergreen plantings.
B.
Landscaping plan. The applicant shall submit a planting plan with its application, preserving existing vegetation on and around the site to the greatest extent possible and screening the base of the tower, guy-wire anchor locations, any cabinets or associated buildings (or equipment facilities) and line of sight into the facility.
C.
Collocation. In order to reasonably limit the number of wireless communications facilities with support structures in the community in the future, each proposed support structure shall be required, subject to consideration of overall height, design, cost sharing and fair market rental, to accommodate other users, including but not limited to, other wireless communications service providers, police, fire and ambulance companies.
§ 200-122 Removal of abandoned antennas and towers.
Any antenna array, microfacility or support structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the lot where such facilities are located as well as the owner of such antenna array, microfacility or support structure shall be required to remove the same within 90 days or it shall constitute a violation of this chapter. The offending antenna array, microfacility or support structures shall, upon the issuance of injunctive relief, be removed, and the costs of such removal shall be entered as a lien upon the property at the owner's expense. If there are two or more uses of a single support structure, then this provision shall not become effective until all users cease using the antenna array, microfacility and support structure.
§ 200-123 Rebuilding damaged or destroyed nonconforming support structures, antenna arrays or microfacilities.
Notwithstanding preexisting support structures, bona fide nonconforming support structures, antenna arrays or microfacilities that are damaged or destroyed may be rebuilt without having to first obtain a new, conditional use approval. The type, height and specific location of the rebuilt support structure, antenna array and microfacility on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with Chapter 76 of the Code of the Township of Skippack and shall be obtained within 120 days from the date the facility is damaged, or if no permit is obtained or if said permit expires, the support structure, antenna array or microfacility shall be deemed abandoned as specified in Article XII of this chapter.
§ 200-124 Prohibited uses.
All uses ancillary to a wireless communications facility (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the wireless communications site.
§ 200-125 Attached wireless communications facilities.
A.
Subject to all other regulations of this chapter, within the Wireless Communications Facilities Overlay District, wireless communications facilities may be attached to existing structures as a conditional use.
B.
Standards for wireless communications attachment facilities.
(1)
No element of the wireless communications facility may extend more than 10 feet above the attachment structure.
(2)
No attachment structure shall be located within the right-of-way of any public road.
(3)
An attached wireless communications facility shall not exceed a height of 110 feet, but shall be higher than 35 feet.
(4)
Stealth design is required. The facility shall be designed so as to be an integral part of the attachment structure. Materials, colors, enclosing structures, screen panels or any other appropriate device shall be used to effect the stealth appearance.
C.
Equipment facilities for attached wireless communications facilities shall comply with the following:
(1)
The equipment shall be concealed to the greatest extent possible. It shall be cabinet-like, not exceeding 48 square feet in area or four feet in height.
(2)
The equipment facility shall comply with all building codes, and if located on the ground, shall comply with all regulations for accessory structures.
§ 200-126 Co-location on and modification of a wireless communications facility.
B.
Applications for co-location on and modification of a wireless communications facility shall be processed as a building permit application.
C.
Requirements. The process under this section shall apply to all applications for modification, replacement and co-location that meet all of the following requirements:
(1)
The proposed co-location, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications facilities are to be attached.
(2)
The proposed co-location, modification or replacement may 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; provided, however, that nothing herein shall preclude an applicant from further increasing 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 if permitted and approved by the municipality.
(3)
The proposed co-location, modification or replacement may not increase the dimensions of the equipment compound approved by the municipality.
(4)
The proposed co-location, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
(5)
The proposed co-location, modification or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.