Towamencin Township
City Zoning Code
City Zoning Code
ARTICLE VI
General Provisions Applicable to All Districts
§ 153-600 Access to public street.
Each and every lot shall abut a public street for at least 50 feet at the right-of-way line except for flag lots wherein there shall be a minimum of 25 feet at the right-of-way line.
§ 153-601 Reduction of lot area.
No lot shall be so reduced that the area of the lot, or the dimensions of the required open spaces, shall be less than herein prescribed by this chapter.
§ 153-602 Modification of front yard requirements.
A.
Where a minimum depth of front yard is specified, an open space of at least the specified depth shall be provided between the ultimate street right-of-way line and the nearest point of any building or structure, except as may be reduced as specified herein.
B.
Where an unimproved lot of record is situated on the same street frontage with two improved lots or one unimproved and one improved lot, the front yard requirement for that district may be modified so that the front yard shall be an average of the existing and as required front yard.
§ 153-603 Projections into required yards.
No portion of a building or structure shall be located within the minimum required front, side or rear yard area specified by this chapter except for driveways and those other projections as provided herein.
A.
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear year more than 1/2 the required depth of said yard.
B.
A terrace, platform, stoop or landing, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
C.
A porte-cochere or carport may be erected over a driveway in a required side yard, provided that such structure is:
(1)
Not more than 14 feet in height, and does not extend in length beyond the portion of the building or structure to which it is attached.
(2)
Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.
(3)
At least three feet from the side lot line in Zoning Districts R-50 and R-125, 20 feet in Zoning Districts R-175 and R-180, 35 feet in the R-200 Zoning District.
[Amended 6-8-2011 by Ord. No. 11-03]
D.
A buttress, chimney, cornice, pier, or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open and unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
§ 153-604 Fences and walls.
A.
Fences and walls shall not be higher than three feet in front yard areas or higher than six feet in side or rear yard areas unless as otherwise specified by this chapter. For lots located within residential districts, a fence not exceeding four feet in height, with a minimum open area to solid area ratio of 2.5:1 shall be permitted in front yard areas contingent upon the fence not interfering with or obstructing vehicular or pedestrian vision at any intersection or along an abutting street and/or crosswalk. Chain-link fence with wire (or other durable material) which is interwoven or welded in such a way as to create a rectangular or “diamond” pattern shall not be permitted in front yard areas. Welded wire fabric shall be permitted in front yard areas when installed against a post and rail or split rail fence.
[Amended 1-22-2014 by Ord. No. 14-01]
B.
No fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this chapter, over six feet in height, shall be erected within any of the open spaces required by this chapter unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least 4:1. The Zoning Hearing Board may authorize the erection of walls or fences of greater height in such cases as may be necessary to provide adequate protection, shielding, or screening of open storage or equipment areas, when said use is permitted within a specific zoning district.
C.
No fence or wall shall be placed within an easement, retention or detention basin facility or within the ultimate right-of-way of any street. Fences to be placed in easements shall require written consent of the owner of the easement in accordance with § 153-619.
[Amended 8-26-2020 by Ord. No. 20-04]
§ 153-605 Corner lots and through lots.
[Amended 5-22-2013 by Ord. No. 13-04]
A.
In the case of a corner lot as defined herein, all yards abutting a street shall be treated as front yards with respect to all regulations contained in this chapter, and one of any remaining yards on such lots shall be treated as a rear yard, with any other yard or yards being treated as side yards.
B.
In the case of a through lot as defined herein, any yard that abuts a street classified as a local access street as defined within the Towamencin Township Subdivision and Land Development Ordinance[1] shall be treated as a front yard with respect to all regulations contained in this chapter. The remaining yard abutting a street classified as a feeder street, collector street, controlled access street or arterial highway as defined within the Towamencin Township Subdivision and Land Development Ordinance shall be treated as a rear yard with respect to all regulations pertaining to residential accessory structures contained in this chapter. Any remaining yards on such lots shall be treated as side yards with respect to all regulations contained in this chapter.
§ 153-606 Flag lots.
[Amended 12-17-2003 by Ord. No. 03-09; 8-8-2007 by Ord. No. 07-05]
A.
Flag lots are those which have access to a public or private road by means of a strip of property connecting the flag portion of the lot with the road.
B.
The following regulations shall apply to flag lots:
(1)
The pole of the flag which provides access to the roadway shall be a minimum of 25 feet wide and shall be owned as part of the lot.
(2)
The pole of the flag shall not exceed 300 feet in length for its entire length and shall be owned as part of the lot.
(3)
The said strip or pole connecting such lot to the road shall be reasonably suited for the construction and use as a private lane and emergency vehicle access, no building shall hereafter either be erected within said lane nor altered therein so as to obstruct or encroach into same and the lane shall have a vertical clearance of 14 feet above grade extending five feet from the edge of the paving.
(4)
The body of the lot, excluding the pole or strip which is owned by the applicant and which connects the body of the lot to the roadway, shall have an area of not less than the minimum lot area for a single-family dwelling within the subject district as follows.
District | Lot Area |
|---|---|
R-50 | 24,000 square feet (single-family detached dwellings only) |
R-125 | 50,000 square feet |
R-175 | 90,000 square feet (a) |
R-175 | 45,000 square feet (b) |
R-180 | 90,000 square feet (a) |
R-180 | 60,000 square feet (b) |
R-200 | 2 acres |
NOTES: |
|---|
(a) Lots where neither public water nor public sewer are provided, or where only public water or public sewer, but not both is provided. |
(b) For lots where public water and sewer are provided. |
(5)
Only one such flag lot shall be permitted in a subdivision of up to 10 lots; two flag lots shall be permitted in a subdivision of 11 to 20 lots; and up to 10% of the lots for any subdivision over 20.
(6)
No more than one tier of flag lots shall be permitted on a tract.
(7)
Poles of flag lots shall be located side-by-side. Each pole shall share a common access point and driveway.
(8)
Such subdivision approval shall not in any way obligate or require the Township to pave, repair, replace or maintain, improve or acquire such access lane or pole for public road purposes or to provide snow removal therefrom.
(9)
The front yard shall be considered the yard line closest to the street of access.
§ 153-607 Obstructions to vision at intersections.
[Amended 1-22-2014 by Ord. No. 14-01]
On any lot, no wall, fence, or other structure shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be planted or maintained which will interfere with or obstruct vehicular or pedestrian vision at any intersection of streets or any street and crosswalk.
§ 153-608 Effect of private covenants.
Nothing herein shall be construed to render inoperative any enforceable restrictions established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established.
§ 153-609 Pennsylvania Department of Labor and Industry approval.
All nonresidential and multifamily uses shall require, to the satisfaction of the Zoning Officer, documented Pennsylvania Department of Labor and Industry approval of all buildings to include, but not necessarily be limited to, written documentation.
§ 153-610 Public utilities.
The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures, or facilities in existence at the time of passage of this chapter, or which may hereafter be located with public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way, however, unless specifically provided for in this chapter, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such constructions or installations upon the public safety and the character of the adjacent neighborhood.
§ 153-611 Outdoor illumination.
Outdoor illumination in all districts shall be diffused or shielded in such a manner as not to create any hazardous situations for passing vehicular traffic or a nuisance to persons in the area. Lighting plans shall provide for nonglare lights focused downward.
§ 153-612 Nuisance standards.
The following general nuisance standards shall apply to all existing and proposed nonresidential uses and activities in the Township. The applicant shall be required to prepare and submit a written statement and proper analysis documenting compliance with all of the provisions of this section. Said statement shall be prepared by a qualified professional. The Township may retain, at the applicant's expense, expert and technical consultants to review and comment on said statement, and if required, the applicant shall address all issues and concerns raised as part of that review to the satisfaction of the Zoning Officer and his technical advisors. All expense associated with the preparation and review of said statement shall be borne exclusively by the applicant at no cost to the Township.
A.
Smoke, ash, dust, fumes, vapors, odors and gases.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, or gases which violate the Pennsylvania Air Pollution Control Laws or other regulation of the Pennsylvania Department of Environmental Resources or the U.S. Environmental Protection Agency.
(2)
There shall be no emission of odorous gases or other noxious or odorous material in such quantities as to be detectable by the unaided human senses beyond the subject lot. All industrial and commercial processes that involve the creation or emission of any odorous gases shall be provided with a secondary safeguard system, so that control will be maintained in the event that the primary safeguard system should fail.
(3)
The emission of dust, dirt, fly ash, fumes, vapors, gases or smoke which can cause damage to the health of animals or vegetation, or cause damage or cause soiling to persons or property beyond the lot creating said emission is herein prohibited.
B.
Noise.
[Amended 2-12-2014 by Ord. No. 14-03]
(1)
At no point on the boundary of a residential zoning district shall noise/sound levels exceed 65 dB(A) during the daytime and 55 dB(A) during the nighttime hours. These standards do not apply to the operation of agricultural equipment or motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, or emergency alarm signals.
(2)
No nonemergency noise from recording, loudspeakers, or public address systems which interferes with the reasonable enjoyment of adjacent or nearby residential properties shall be allowed, and no such noise discernible beyond the subject property shall be permitted between the hours of 11:00 p.m. and 8:00 a.m.
(3)
No construction activity shall take place on any lot except between the hours of 7:00 a.m. and 7:00 p.m., weekdays, and 8:00 a.m. and 6:00 p.m., Saturdays and holidays. No construction activity shall take place on a Sunday.
C.
Vibration. No vibration which is discernible to the unaided sense of feeling shall be permitted at any point beyond the subject property. Normal and customary vibration from permitted construction activities are not regulated under this section.
D.
Glare and heat. Any operation producing intense or harmful glare or heat shall be performed within an enclosed building or behind a solid fence or wall adequate to completely shield, and make such activity completely imperceptible, beyond the subject property.
E.
Radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Resources Rules and Regulations.
F.
Outdoor storage and waste disposal.
(1)
All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors where permitted by this chapter shall be enclosed by a fence or wall required for adequate security and screening from adjacent properties. Storage of flammable materials and fuels shall meet the standards of the National Fire Protection Association and, if stored below ground, the standards of the Department of Environmental Resources for underground storage tanks. All underground storage tanks shall be registered with the state pursuant to Pennsylvania state statutes. Outdoor storage facilities shall be made aesthetically pleasing to the community. All such facilities shall be landscaped. These standards do not apply to farm or residential tanks of 1,100 gallons or less capacity used for noncommercial purposes.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around above ground liquid storage facilities to preclude such transference in the event of failure of the facility.
(3)
All materials or wastes which might cause flames or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only in enclosed containers adequate to eliminate such hazards and in accordance with all state and federal regulations.
G.
Power supply. Every use requiring an on-site power supply shall be so constructed and operated that the power supply and all appurtenance thereto shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be so designed and located to be an integral part of the architectural features of the associated land use, and if visible from abutting residential properties shall be visually concealed by coniferous planting or other suitable materials approved by the Township.
§ 153-613 Industrial waste and sewage and water supply.
A.
No use shall be conducted in such a way as to discharge any untreated sewage or industrial waste into any reservoir, lake, or watercourse or discharge any untreated sewage or industrial waste into any stream. All methods of industrial waste treatment and disposal shall be approved by the Township, the Pennsylvania Department of Environmental Resources and/or other regulatory agencies.
B.
All water requirements shall be stated in the application. In the event that water is proposed to be supplied from wells for five or more residential units or any nonresidential use, the applicant shall:
(1)
Furnish, to the satisfaction and approval of the Township, a hydrogeologic study prepared and certificated by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to significantly impact the water level and supply of potentially affected properties.
§ 153-614 Soil erosion and sedimentation control.
All earthmoving activities must be in compliance with the regulations of the Pennsylvania Department of Environmental Resources and the Soil Conservation District regulations and must be undertaken in accordance with a soil erosion and sedimentation control plan submitted for the earthmoving activity which meets the standards set forth in the Township Subdivision and Land Development Ordinance,[1] as last amended, this chapter, and other regulatory agency requirements.
§ 153-615 Installation of utilities.
All public utility lines and similar facilities servicing any proposed development shall be installed underground.
§ 153-616 Environmental performance standards.
A.
All activities and uses established after the effective date of this chapter shall comply with the following standards. Any site alterations, grading, filling or clearing of vegetation shall be done only in accordance with this section and when necessary in accordance with an approved subdivision or land development plan in accordance with the Township Subdivision and Land Development Ordinance, as last amended, and an approved building permit.
B.
All applications for subdivisions and land developments shall include maps delineating the following natural resources and said development shall be subject to the protection standards for said resources as defined herein:
(1)
Floodplain protection standards are provided in Chapter 82, Floodplain Management, of the Towamencin Township Code.
[Amended 3-23-2016 by Ord. No. 16-06]
(2)
Lakes and ponds protection standards. No development, filling, or diverting shall be permitted in lakes or ponds or within lake/pond margins except where used for farm irrigation purposes.
(a)
A margin area shall extend to a depth of 50 feet around the shoreline of a pond or lake as defined by this chapter.
(3)
Wetlands protection standards. Wetlands shall not be altered, regraded, developed, filled, piped, diverted, or built upon except that roads may cross wetlands where approval is obtained from the township by special exception of the Zoning Hearing Board and the U.S. Army Corps of Engineers or, as applicable, the Pennsylvania Department of Environmental Resources, and where no other access to the property is available. The property owner/applicant shall identify wetlands and where encroachment is anticipated shall obtain the applicable state and federal permits. One hundred percent of these wetland areas shall be protected.
(a)
Wetlands shall have a transitional area extending from the outer limit of the wetland boundary for 50 feet. The wetland margin shall not be altered, regraded, developed, filled, piped, diverted, or built upon except that roads may cross wetland margins where approval is obtained from the township by special exception of the Zoning Hearing Board and the Pennsylvania Department of Environmental Resources and where no other access to the property is available. The property owner/applicant shall identify wetlands and where encroachment is anticipated shall obtain the applicable state and federal permits. One hundred percent of these wetland margins shall be protected.
(b)
Limited value wetlands, as determined by the U.S. Army Corps of Engineers or, as applicable, the Pennsylvania Department of Environmental Resources shall be exempt from these restrictions, subject to permit restrictions of the state and federal regulatory agencies. Limited value wetlands are those which are man-made and have been created in drainage ditches and detention basins and which do not exhibit wetland values of groundwater recharge, wildlife habitat, or serving natural biological functions.
(4)
Streams and watercourses.
(a)
Streams and watercourses (any lake, pond, perennial or intermittent stream shown on the U.S.G.S. map and/or identified by field survey) shall be 100% protected and shall remain as open space.
(b)
The stream and watercourse margin shall be that area which extends from the edge of the stream or watercourse to a distance of 50 feet therefrom. The margin shall not be altered, regraded, developed, filled, piped, diverted, or built upon except that roads may cross margins where approval is obtained from the township by special exception of the Zoning Hearing Board and the Pennsylvania Department of Environmental Resources and where no other access to the property is available. Stream bank stabilization is permitted when approved by the Township Engineer. The applicant must obtain all required permits from the Pennsylvania Department of Environmental Protection, the Montgomery County Conservation District, the United States Army Corps of Engineers and Towamencin Township.
[Amended 6-8-2011 by Ord. No. 11-04]
(5)
Steep slopes. It is the primary intent of this section to identify and mitigate certain hazards to the community's health, safety and welfare caused by development on slopes in excess of 15%, herein defined as steep slopes. Secondarily, it is intended to protect these environmentally sensitive areas pursuant to Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania which states that people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment.
(a)
The section is specifically intended to insure the following:
[1]
All structures will be located away from steep slopes on safe, stable grounds away from possible landslide or erosion activities.
[2]
All roads and driveways will have safe and stable side slopes or shoulders.
[3]
Development activities such as grading and stripping of vegetation will be minimized on steep slopes to reduce accelerated stormwater runoff and soil erosion of the slope, thereby preserving water quality.
[4]
Environmentally sensitive native wildlife habitats (such as woodlands) located on steep slopes will be minimally affected by development.
[5]
The visual integrity of steep slopes areas will be maintained throughout development.
(b)
Application of regulation to all districts. These regulations shall apply to all districts on lands having any of the following characteristics:
[1]
Slopes greater than 15% as determined by measurements by registered professional engineers, surveyors, or landscape architects, using accepted engineering practices.
[2]
Soil types classified as "stony land, steep" by that document entitled Soil Survey of Montgomery County, Pennsylvania, prepared by the United States Department of Agriculture, Soil Conservation Service, dated April 1967, a copy of which is on file in the offices of the Township.
[3]
Slopes greater than 15% as delineated on the maps made a part of the Soil Survey of Montgomery County, Pennsylvania, provided, however, that in the event of a conflict between topographic measurements prepared in accordance with Subsection B(5)(b)[1] above and the soils map, the measurements shall control.
(c)
No stripping of vegetation, grading, or construction of any kind shall take place in steep slope areas except in conformance with the following regulations:
[1]
All structures and other impervious surfaces shall be set back 25 feet from the top of steep slope areas. This twenty-five-foot setback shall be covered in permanent vegetation in order to minimize the effect of accelerated stormwater runoff on the steep slope and to minimize the likelihood of tectonic action on the structure or surface.
[2]
Structures and impervious surfaces shall be set back a sufficient distance from the bottom of steep slope areas to insure proper grading and drainage around the structure or surface without encroachment on the steep slope areas.
[3]
Underground utilities may cross steep slope areas given no other reasonable alternative exists, as determined by the Township Engineer, and grading and clearing will be kept to the minimum necessary. Any steep slope areas disturbed in the construction of underground utilities shall be regraded and revegetated to match previously existing conditions immediately after construction.
[4]
Roads, driveways, and parking facilities may be permitted by the Board of Supervisors as a conditional use, provided the following conditions are met:
[a]
There is no other reasonable alternative to provide access or parking outside steep slope areas.
[b]
The extent of the disturbance required for the road, driveway, or parking facility is consistent with the intent of this chapter.
[c]
The disturbance proposed is the minimum necessary and all possible measures to reduce the amount of disturbance are employed.
[d]
The steep slope area disturbed will be immediately revegetated to a condition reasonably similar to previously existing conditions.
[e]
No side grades created by the road or driveway shall be greater than 25%.
(d)
Design standards in steep slope areas. Steep slope areas shall be delineated in the field prior to any clearing or construction. A temporary physical barrier such as a snow fence shall be erected around steep slope areas prior to major clearing and construction. The barrier shall be placed to prevent encroachment by construction vehicles on the steep slope area and shall remain in place until construction is completed. The steep slope area shall not be disturbed in any way including the use of the area for refuse, fill, or top soil or materials, storage, or any temporary uses during construction. Any accidentally disrupted area shall be immediately returned to match the previously existing condition (i.e., grades and vegetative cover).
(e)
Liability. Neither the approval of any proposed subdivision or land development by any officer, employee or agency of the Township of Towamencin, nor the grant of any subdivision approval by the Board of Supervisors of the Township of Towamencin, shall constitute a representation, guarantee or warranty of any kind of the Township of Towamencin or by any of its officers, employees, agencies or members of its agencies of the safety or practicality of the proposed subdivision and use, and such approval or grant of approval shall not create any liability on the part of the Township of Towamencin or its officers, employees, agencies or members of its agencies.
(f)
Areas with restrictions due to steep slopes shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements.
(6)
Woodlands. Woodlands as defined by this chapter shall be subject to the restrictions specified herein.
(a)
Mature trees with a circumference of 60 inches or greater measured 14 inches above ground shall be identified and preserved, unless the Board of Supervisors agrees to a different disposition.
(7)
Tree protection area. The tree protection area refers to the area around woodlands which are to be protected under the provisions of this chapter. The purpose is to ensure that trees which are to be protected do not suffer damage during the development. The tree protection area is an area radial to the trunk of a tree and shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the drip-line (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection area shall be an area encompassing the protection areas for the individual trees.
§ 153-617 Floodplain Conservation District.
[Amended 6-8-2011 by Ord. No. 11-11-04; 12-11-2013 by Ord. No. 13-08; 3-23-2016 by Ord. No. 16-06]
Regulations regarding the FP Floodplain Conservation District are provided within Chapter 82, Floodplain Management, of the Towamencin Township Code.
§ 153-618 Antennas and satellite dish antennas.
The following regulations shall apply to all antennas and satellite dish antennas within all zoning districts in the Township:
A. ANTENNA SATELLITE DISH ANTENNA
For the purpose of this section, "antenna" and "satellite dish antenna" shall have the following meanings:
An apparatus, external to or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves.
A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TRVO's and microwave antennas.
B.
The height of an antenna or satellite dish antenna shall not exceed 15 feet if placed on the ground surface, which shall be the combined height of the dish itself and any mounting apparatus. If placed on a roof surface, in accordance with this chapter, the height shall not exceed 10 feet above the peak of the existing roof line.
C.
The diameter of the antenna or satellite dish antenna shall not exceed 12 feet.
D.
No advertising shall be affixed to the antenna or satellite dish antenna.
E.
In no event shall an antenna or satellite dish antenna be placed in the front yard area, and there shall be only one antenna or satellite dish antenna per lot, meaning a cumulative number of two of such antennas and/or satellite dish antennas. Antennas and satellite dish antennas may only be accessory structures.
F.
The antenna or satellite dish antenna shall be placed in a rear yard only and the setback shall be in accordance with that provided in the particular zoning district for accessory structures.
G.
In order to have an antenna or satellite dish antenna on the roof or in a side yard, the applicant must demonstrate to the Board of Supervisors that, due to the topography of the applicant's property, and/or other reasons for inability to adequately receive or obtain reception, the Board of Supervisors shall direct the granting of a permit for such an installation.
H.
A building permit shall be required for the installation of antennas or satellite dish antennas in any zoning district. The application for such an installation shall be submitted to the Code Enforcement Department of Towamencin Township and shall include, but not necessarily be limited to, construction drawings showing the method of attachment and installation, sealed structural engineering analyses regarding the ability of the antenna to withstand wind shear, and a site plan depicting structures and required setbacks for the installation of the antenna or satellite dish antenna. The review of the Code Enforcement Department shall be in accordance with the then existing building code of Towamencin Township. In addition to the above, in the event that the installation of the antenna is to be roof mounted, there shall be an engineer's sealed certification regarding the safety of a proposed rooftop mounting. The certification shall demonstrate that the roof has the appropriate load bearing facilities to sustain the mounting of the structure.
I.
If an antenna or satellite dish antenna is to be greater than 15 feet in height or greater than 10 feet above the peak of an existing roof line, as set forth above, said additional height shall only be permitted by special exception, but in no way should the height exceed 70 feet. In addition to the above consideration, the Zoning Hearing Board shall require proof that the additional height is necessary for appropriate reception for the stated purpose and should be placed in such a manner to limit visual impact by neighboring properties. Furthermore, in no event shall the antenna or satellite dish antenna be of such a height and placed in such a position that, if laid on the ground, said antenna or dish would encroach within 10 feet of any property line of the subject property.
§ 153-619 Setbacks from and restrictions within easements.
[Amended 4-8-2009 by Ord. No. 09-04]
A.
Nothing shall be permitted to be placed, planted, set or put within the area of any public or private right-of-way or easement including, but not necessarily limited to, a utility easement, a drainage easement, a sanitary sewer easement, a stormwater management easement, a snow storage easement or a pedestrian easement without written consent from the owner of the easement.
§ 153-620 Forestry activities.
[Added 5-23-2001 by Ord. No. 01-7]
A.
Forestry activities shall be a permitted use by right in all zoning districts in the Township.
B.
Forestry activities shall be completed in accordance with any and all regulations adopted by the Department of Conservation and Natural Resources, and shall be in accordance with recognized natural resource conservation practices, but shall not include the construction of any structures or land development.
§ 153-621 Wireless telecommunications facilities.
[Added 12-17-2003 by Ord. No. 03-09]
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines and regulations for the siting of wireless telecommunications towers and antennas. The goals of this section are to:
(a)
Provide procedures and guidelines for the location, placement, and construction of wireless communications facilities in the Township;
(b)
Provide clear performance standards and requirements addressing the siting of wireless communications facilities;
(c)
Encourage the location of wireless communications facilities on existing structures, including telephone poles, utility poles, signs, water towers, buildings and other wireless communications facilities to the extent feasible;
(d)
Enhance the ability of providers of telecommunications services to provide such services to the community in a safe, effective and efficient manner;
(e)
To effect collocation and site sharing of new and existing wireless communications facilities;
(f)
To accommodate the need for wireless communications facilities while regulating their location and number in the Township;
(g)
To minimize adverse visual effects of wireless communications facilities, attachment structures and equipment facilities through proper design, siting and vegetative screening;
(h)
To avoid potential damage to adjacent properties from wireless communications facilities failure and falling ice through engineering and proper siting of attachment structures; and
(i)
To encourage the joint use of any new wireless communications facilities to reduce the number of such attachment structures needed in the future.
B. ANTENNA ARRAY APPLICANT ATTACHED WIRELESS COMMUNICATIONS FACILITY ATTACHMENT STRUCTURE CAMOUFLAGING METHODS CO-LOCATION DISTRIBUTED ANTENNA SYSTEMS (DAS) EQUIPMENT FACILITY FAA FCC HEIGHT MICRO FACILITY MONOPOLE NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF) REPLACEMENT ATTACHMENT STRUCTURE RIGHT-OF-WAY(1) (2) STEALTH SUPPORT STRUCTURE TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) WIRELESS WIRELESS COMMUNICATIONS SERVICE WIRELESS COMMUNICATIONS FACILITY (WCF)
Definitions. As used in this section, the following terms shall have the meaning set forth below:
One or more rods, panels, disks, or similar devices used to radiate or capture a transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequency signals, wireless telecommunications signals or other communications signals which may include onmidirectional antenna (rod), directional antenna (panel), and parabolic antenna (disk). The antenna array does not include the support structure defined below.
Any person or entity that applies for a wireless communications facility building permit, zoning approval and/or conditional use approval.
A wireless communications facility some component of which is attached to an attachment structure.
A building or existing structure which is 35 or more feet in height and is suitable for the support of a wireless communications facility, but which has been designed and constructed for another purpose. Such existing structures shall include, but not be limited to: telephone poles; utility poles; high tension power line towers, signs; water towers; and municipally-owned towers.
Concealing techniques applied to wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.
[Added 8-26-2016 by Ord. No. 15-12]
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 municipality. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
[Added 8-26-2016 by Ord. No. 15-12]
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 8-26-2016 by Ord. No. 15-12]
Any structure or enclosure used to contain ancillary equipment as a component of a wireless communications facility, including a building, cabinet, shelter, a build-out of an existing structure, or a pedestal.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel (immediately adjacent to the tower or structure) to the highest point on the tower or other structure, including the base pad and any antenna.
A wireless communications facility consisting of an equipment facility capable of being mounted onto the attachment or support structure of an antenna that is either:
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.
[Added 8-26-2016 by Ord. No. 15-12]
All non-tower wireless communications facilities including, but not limited to, antennae and related equipment. Non-tower WCF shall not include support structures for antennae and related equipment.
[Added 8-26-2016 by Ord. No. 15-12]
The replacement of a telephone pole in a public right-of-way proposed to be used as an attachment structure which shall be of the same material (i.e., wood or metal) as the pole it replaces; shall be installed in the same location as the pole it replaces; and which shall be no more than 10 feet higher than the pole it replaces, including any attached wireless communications facility.
The surface of and the space above and below any real property in the Township in which the Township, county or commonwealth 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 Township, county or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township, county or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
[Added 8-26-2016 by Ord. No. 15-12]
FUTURE RIGHT-OF-WAYThe surface of, as well as the space above and below, an area of land required for the widening of existing streets to accommodate anticipated future traffic or to provide future access to or through undeveloped land.
ULTIMATE RIGHT-OF-WAYThe future or planned width of highways in the public domain as shown on the official Ultimate Right-of-Way Map on file at the Township office.
Any wireless communications facility which is designed to enhance compatibility with adjacent land uses, including but not limited to architecturally screened and/or landscaped antenna arrays and equipment facilities, and support structures designed to look other than like a support structure such as a light pole, a power pole, a component of a building or a tree.
A structure designed and constructed to support an antenna array or micro facility and may include a utility pole, a monopole, self-supporting (lattice) or guy-wire support tower, and other similar structures.
Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers, monopoles, utility poles, light poles, and hub facilities for distributed antenna systems.
[Added 8-26-2016 by Ord. No. 15-12]
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 8-26-2016 by Ord. No. 15-12]
Any personal wireless service as defined by the Telecommunications Act of 1996, as amended, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications service (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may be developed.
The antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Amended 8-26-2016 by Ord. No. 15-12]
C.
Applicability.
(1)
New support structures and wireless communications facilities. All support structures, attachment structures and wireless communications facilities in the Township not in existence on the effective date of this section shall be subject to these regulations, except as provided in Subsections C(2) and (3) below.
(2)
Amateur radio station operators/receive-only antennas. This section shall not govern any support structure, or the installation of any antenna array, that is under 20 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3)
Preexisting support structures and wireless communications facilities. Except with regard to additions or substantial modifications, preexisting support structures and preexisting wireless communications facilities consisting of those in existence prior to the effective date of this section, shall not be required to meet the requirements of this section, other than the requirements of Subsection E(6), (7), (8), (12), (13), (14), and (15) below.
D.
Use regulations. The use regulations for wireless communications facilities within Towamencin Township shall be as follows:
(1)
[1]When the antenna array is attached to an existing attachment structure, support structure, public utility transmission tower, smokestack, water tower, building or tall structure in the LI Limited Industrial District, an antenna array with an accompanying equipment facility is permitted by right.
[1]
Editor’s Note: Former Subsection D(1), regarding permission by right in all zoning districts, was repealed 8-26-2015 by Ord. No. 15-12. This ordinance also provided for the redesignation of former Subsection D(2) through (5) as Subsection D(1) through (4), respectively.
(2)
When the antenna array is attached to an existing attachment structure, support structure, public utility transmission tower, smokestack, water tower, building or tall structure in any zoning district other than the LI Limited Industrial District, an antenna array with an accompanying equipment facility is permitted by conditional use.
(3)
The erection of a support structure with accompanying antenna array(s) and equipment facility(ies) is permitted by conditional use in the following zoning districts:
(a)
LI Limited Industrial.
(4)
Erection and operation of a support structure with accompanying antenna array(s) and equipment facility(ies) shall be permitted by conditional use:
(a)
On any municipality owned property, regardless of the zoning district in which it is located, if prior written approval for said use shall first be obtained from the governing body of the Township; and
(b)
On any existing high tension public utility power line support structure, regardless of the zoning district in which it is located, if prior written approval for said use shall first be obtained from the property owner and the public utility which owns the support structure.
E.
General provisions applicable to all districts.
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Principal or accessory use. Wireless communications facilities and support structures may be considered either principal or accessory uses depending upon the existence of other uses on a 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 requirements of this article.
(2)
Land development approval. Wireless communications facilities and support structures shall receive land development approval or a waiver of same prior to issuance of a building permit.
(3)
Lot size. For purposes of determining whether the installation of a wireless communications facility or support structure 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.
(4)
Inventory of existing sites. Each applicant for a wireless communications facility and/or support structure shall provide to the Zoning Officer an inventory of its existing support structures, wireless communications facilities and sites, and applications pending for its support structures, wireless communications facilities and sites that are either within the jurisdiction of the Township or within five miles of the border thereof, including specific information about the location, height, ownership, and design of each support structure. The Zoning Officer may share such information with other applicants applying for approval or permits under this section or other organizations seeking to locate wireless communications facilities within the jurisdiction of the Township; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for such use.
(5)
Appearance criteria. Wireless communications facilities and support structures shall meet the following requirements:
(a)
Support structures shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted with a rust-preventive paint in a neutral color or colors (preapproved by the Township Zoning Officer) so as to reduce visual obtrusiveness.
(b)
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.
(c)
At the site of an attached wireless communications facility, the antenna array, micro facility, 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, micro facility and related equipment as visually unobtrusive as possible.
(6)
Lighting. WCF and support structures shall not be artificially lighted, unless required by the FAA or other applicable governmental authority and approved by the Township Zoning Officer. If lighting is required, and more than one type of lighting is permitted by the FAA or other applicable governmental authority, the lighting alternative and design chosen must cause the least disturbance to the surrounding view.
(7)
State and federal requirements. All support structures 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 support structures, antenna arrays and micro facilities. If such standards and regulations are changed, then the owners of the support structures, antenna arrays and micro facilities governed by this section shall bring such support structures, antenna arrays and micro 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. Failure to bring support structures, antenna arrays and micro facilities into compliance with such revised standards and regulations shall constitute a violation of this section and shall constitute grounds for the removal of the support structure, antenna array or micro facility at the owner's expense.
(8)
Building codes: safety standard. To ensure structural integrity of support structures, the owner of a support structure shall ensure that it is maintained in compliance with standards contained in any applicable federal, state or local building codes and the applicable standards for support structures that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township Zoning Officer concludes that a support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the support structure, the owner shall have 30 days to bring such support structure into compliance with such standards. Failure to bring such support structure into compliance within said 30 days shall constitute grounds for requiring the removal of the support structure and associated wireless communications facility at the owner's expense.
(9)
Measurement. For purposes of measurement, support structure setbacks and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdictional boundaries.
(10)
Nonessential services. Support structures and wireless communications facilities shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(11)
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 Zoning Officer.
(12)
Signs. No signs shall be allowed on a support structure, antenna array or micro facility.
(13)
Buildings and support equipment. Buildings and support equipment associated with wireless communications facilities shall comply with all applicable requirements of this code and this section.
(14)
Multiple wireless communications facilities on single site. The Township encourages the users of support structures and wireless communications facilities to submit a single application for approval of multiple antenna array sites and micro facility sites on a single support structure. Applications for approval of multiple sites on a single support structure shall be given priority in the review process.
(15)
FCC and FAA approval. All applicants shall submit proof of their FCC license for the area containing the proposed wireless communications facility and shall submit approval from the FAA for any wireless communications facility.
(16)
Parking. One off-street parking space shall be provided for each antenna array, equipment building or support structure, with a minimum of two spaces being provided for any wireless communications facility.
(17)
Anti-climbing devices. All attachment structures or support structures shall be fitted with anti-climbing devices, as approved by the Township Zoning Officer.
(18)
Access. Access shall be provided to a wireless communications facility (including any portion thereof) 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.
(19)
Fencing. A fence shall be required around a wireless communications facility with support structure and other equipment unless the wireless communications facility is mounted on an attachment structure. The fence shall be a maximum of eight feet in height, shall enclose all wireless communications facility improvements, and shall conform to any other applicable provisions of the Towamencin Township Code related to the erection of fences. The fence shall be landscaped to screen it, any equipment building, and the base of any support structure from view.
(20)
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 any fencing.
(21)
Co-location. 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.
(22)
Standard of care. The WCF applicant shall present documentation that the WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(23)
Wind. WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended). A copy of the structural analysis, signed and sealed by a registered engineer in the State of Pennsylvania, shall be submitted to the Township as a portion of the original application.
(24)
Public safety communications. No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(25)
Maintenance. The following maintenance requirements shall apply:
(a)
Any WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(26)
Radio frequency emissions. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(27)
Aviation safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(28)
Removal. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused, unsafe or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All unused, unsafe or abandoned WCFs and accessory facilities shall be removed within six months for tower-based WCFs and three months for non-tower WCFs of the cessation of operations at the site unless a time extension is approved by the Township Zoning Officer.
(b)
If the WCF and/or accessory facility is not removed within six months for tower-based WCFs and three months for non-tower WCFs of the cessation of operations at a site, or within any longer period approved by the Township Zoning Officer, the Township Zoning Officer may issue a violations notice and/or proceed with enforcement remedies as outlined in § 153-621N.
(c)
Any unused portions of WCFs, including antennas, shall be removed within six months for tower-based WCFs and three months for non-tower WCFs of the time of cessation of operations. The Township Zoning Officer must approve all replacements of portions of a WCF previously removed.
F.
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based Wireless Communications Facilities:
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.
(2)
Co-location. 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.
(3)
Design regulations:
(a)
The WCF shall employ the most current camouflaging methods available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the camouflaging methods chosen by the WCF applicant shall be subject to the approval of the Township Zoning Officer.
(b)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennae for future users.
(4)
Additional antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Township Zoning Officer.
(5)
Bond. Prior to the issuance of a permit, the owner of a WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.
(6)
Historic buildings or districts. No WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places unless the WCF can be completely hidden within the structure.
(7)
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(8)
Identification. All WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township Zoning Officer.
(9)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(10)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring and related costs.
G.
Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Development regulations:
(a)
Height. Any tower-based WCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 120 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.
(b)
Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
(c)
Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[1]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.
[2]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, no tower-based WCF shall be located within 200 feet of any occupied building.
[4]
Vehicular access to the tower-based WCF shall not interfere with parking or circulation on the site.
(d)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(2)
Design regulations:
(a)
Where the proposed site abuts a residential zoning district, tower-based WCFs shall be permitted only where they are disguised by attaching them to an existing tall structure where the proposed tower-based WCF does not increase the height of the existing structure or by disguising the tower-based WCF so it resembles a tree, a silo, or a church steeple so that it will fit in with the residential character of the community.
(b)
Any height extensions to an existing tower-based WCF shall require prior approval of the Township.
(3)
Surrounding environs:
(a)
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix 1: Geotechnical Investigations, ANSIIEIA 222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(5)
Accessory equipment:
(a)
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using camouflaging methods, as described above.
(b)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(6)
Access road/lease area. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement and/or signed a lease agreement for the proposed facility.
(7)
Site plan required. In order to determine whether the requirements of the conditional use and this section are met, the applicant shall present a site plan showing, at a minimum, the following items:
(a)
Locations of all existing uses and proposed WCFs.
(b)
Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antenna, etc., proposed.
(c)
Site boundary, lease area boundary, zoning data, setbacks, yards, and adjacent uses.
(d)
Vehicular access, fencing, landscaping, utility and/or access easements.
H.
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based Wireless Communications Facilities located in the rights-of-way:
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Prohibited in rights-of-way of neighborhood collectors and residential local access streets and in residential zoning districts. No tower-based WCF shall be located within the rights-of-way or future rights-of-way of any neighborhood collector or residential local access street as designated by the Township; nor will any tower-based WCF be located within a residential zone or within 500 feet of a lot in residential use or a residential boundary.
(2)
Height. Any tower-based WCF in rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 35 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.
(3)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, 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.
(4)
Equipment location. Tower-based 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 ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features, to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(5)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW 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 determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(6)
Compensation for ROW use. Every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCFs.
I.
General requirements for all non-tower wireless communications facilities.
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Non-tower WCFs are subject to regulations. Non-tower WCFs are subject to the restrictions and conditions prescribed in this section and subject to the prior written approval of the Township.
(2)
If the application for a non-tower wireless communication facility (WCF) is a collocation, modification, or a replacement AND meets all of the criteria listed below in Subsection I(2)(a) through (e), then the requirements contained in Subsection I(3), herein, will be applicable. Should the application not be considered a collocation, modification, or replacement or if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection I(4) contained herein.
(a)
The proposed collocation, modification, or replacement of a non-tower WCF does not further increase the height of a wireless support structure which had already been extended by more than 10% of it originally approved height or by the height of one additional antenna array.
(b)
The proposed collocation, modification, or replacement does not increase the dimensions of the equipment compound previously approved by the Township.
(c)
The proposed collocation, modification, or replacement complies with the applicable conditions of approval applied to the initial tower-based WCF, equipment compound, and wireless support structure.
(d)
The proposed collocation, modification, or replacement does not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
(3)
The following regulations shall apply to all non-tower wireless communications facilities that are considered a collocation, modification, or replacement and meet all of the criteria outlined in Subsection I(2) above:
(a)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval on a non-tower WCF or $1,000, whichever is less.
(b)
Timing of approval. Within 30 calendar days of that an application for a WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of an application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(4)
The following regulation shall apply to all non-tower wireless communications facilities that are not considered collocations, modifications, or replacements or do not meet all the requirements of the criteria listed in Subsection I(2):
(a)
Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $5,000 for each individual non-tower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.
(b)
Historic buildings or districts. No WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places unless the WCF can be completely hidden within the structure.
(c)
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(d)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring and related costs.
(e)
Timing of approval. Within 30 calendar days of that an application for a WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of an application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
J.
Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower Wireless communications facilities located outside the rights-of-way that do not meet the criteria in § 153-621I(2):
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or previously approved wireless support structures, subject to the following conditions:
(a)
Such non-tower WCF does not exceed a maximum height of 120 feet, inclusive of its support structure.
(b)
If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c)
A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2)
Design regulations.
(a)
Non-tower WCFs shall employ camouflaging methods and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the camouflaging methods chosen by the non-tower WCF applicant shall be subject to the approval of the Township Zoning Officer.
(b)
Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a conditional use permit.
(c)
All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d)
Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(3)
Removal, replacement, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the non-tower WCF is permitted, so long as such repair or upgrade does not increase the overall size of the non-tower WCF or the number of antennae.
(b)
Any substantial modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
K.
Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way that do not meet the criteria in § 153-621I(2):
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
(2)
Design requirements:
(a)
Non-tower WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall be compatible in scale and proportion to the structures upon which they are mounted. 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. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b)
Antennae and all support equipment shall be treated to match the supporting structure. Non-tower WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3)
Equipment location. Non-tower 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 ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened to the fullest extent possible, through the use of landscaping or decorative features, to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.
(4)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, 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.
(5)
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township emergency, an owner of a non-tower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower 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 the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(6)
Compensation for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.
L.
Equipment facility.
[Added 8-26-2016 by Ord. No. 15-12[2]]
(1)
Antenna arrays and micro facilities mounted on attachment structures such as buildings. The equipment facility used in association with a wireless communications facility proposed to be located on a building shall comply with the following:
(a)
The equipment facility shall not contain more than 64 square feet of gross floor area or, if proposed to be located on the roof of the building, shall not be more than four feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related equipment facility, if over 64 square feet of gross floor area or four feet in height, shall be located in the building.
(b)
If the equipment facility is located on the roof of a building, the area of the equipment facility and other structures shall not occupy more than 15% of the roof area.
(c)
An equipment facility may be located on the ground only if it is in compliance with regulations for accessory structures.
(d)
An equipment facility shall comply with all applicable building codes.
(2)
Antenna arrays and micro facilities mounted on attachment structures such as telephone poles, utility poles, light poles and similar structures. The equipment facility used in association with an attachment structure such as a telephone pole, utility pole, light pole, high tension electrical tower and similar structures shall be located in accordance with the following:
(a)
In residential districts, an equipment facility:
[1]
May be located in a side yard, provided the equipment facility is no greater than four feet in height and 64 square feet of gross floor area and the equipment facility is located a minimum of 10 feet from all lot lines. The equipment facility shall be screened by an evergreen hedge or trees with a planted height of at least 48 inches;
[2]
May be located in the rear yard, provided the equipment facility is no greater than six feet in height or 100 square feet in gross floor area. The equipment facility shall be screened by an evergreen hedge or tree with an ultimate height of eight feet and a planted height of at least 48 inches;
[3]
Is prohibited in the front yard unless such equipment facility is small enough to be attached to the same telephone pole, utility pole, light pole or similar structure on which the antenna array or micro facility has been attached. Such equipment facility shall have a height no greater than four feet and a width no greater than two feet and shall be constructed and painted so as to be as visually unobtrusive as possible.
(b)
In nonresidential districts, the equipment facility associated with a permitted attachment structure shall be no greater than eight feet in height or 144 square feet in gross floor area. The equipment facility shall be screened by an evergreen hedge or evergreen trees with an ultimate height of no less than eight feet and a planted height of at least 60 inches. In all cases, the equipment facility shall be screened from the view of all residential properties which abut or are located directly across the street from the equipment facility by a solid fence or an evergreen hedge with an installed or a planted height of at least the height of the equipment facility.
(c)
In all zoning districts, all cables, wires or lines from the support structure or attachment to the equipment facility shall be located underground unless the equipment facility is mounted on the support or attachment structure consistent with the regulations of this chapter.
(3)
Wireless communications facilities with support structures. The equipment facility for a wireless communications facility with support structure shall not contain more than 250 square feet of gross floor area or be more than eight feet in height, shall be located in accordance with the minimum yard requirements of the zoning district in which located, and shall be screened in accordance with the standards of § 153-621E and any other applicable landscaping or buffering provisions of this chapter.
M.
Conditional use; standards and criteria. The requirements of the subsections below are the standards and criteria which shall be satisfied prior to approval of any permitted or conditional use.
[Added 8-26-2016 by Ord. No. 15-12]
(1)
The applicant shall demonstrate to the reasonable satisfaction of the Township or its consultants that the wireless communications facility with support structure 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 except to facilitate co-location.
(2)
If an antenna array or micro facility, or its appurtenances, extends above the primary roof of any attachment structure, it must be set back two feet from the edge of the primary roof for each one foot in height (to a maximum height of 10 feet) above the primary roof from which the antenna array or micro facility extends unless the antenna array or micro facility is appropriately screened from view through the use of panels, walls, or other screening techniques approved by the Township. The setback requirements of this subsection shall not apply to an antenna array or micro facility which is mounted on the exterior of an attachment structure below the primary roof, and which does not protrude more than 18 inches from the side of such attachment structure.
(3)
Setbacks from base of support structure. If a new support structure is constructed (as opposed to mounting or co-locating a wireless communications facility on an existing support structure), the minimum distance between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:
(a)
No wireless communications facilities with support structure shall be permitted in residential zoning districts unless explicitly permitted by this article.
(b)
All wireless communications facilities with support structure shall be set back from the lot line a minimum distance of 50 feet plus one foot for each additional foot in height of the support structure above 75 feet.
(c)
Setback requirements may be modified by the adoption of condition(s) if the Township 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 and support structure are 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. 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 the type of wireless communications facility proposed, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Pennsylvania Building Code, the Building Code adopted by the Township, and other applicable federal, state and municipal regulations, resolutions and ordinances.
(5)
Attached wireless communications facilities shall be designed so as to blend into the existing attachment structure to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communications facility and use of compatible or neutral colors.
(6)
Attached wireless communications facilities which have aesthetic impacts that are not able to be reasonably mitigated by placement and color solutions may be required to be screened in a reasonable and achievable manner.
(7)
Wireless communications facilities with support structure 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, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or support structures.
(8)
Equipment facilities shall, to the extent practical, use materials, colors and textures that blend in with the natural setting and built environment.
(9)
The applicant shall provide evidence satisfactory to Township Zoning Officer that the camouflaging of the wireless communications facility effectively minimizes its visual impact and blends with its surroundings prior to the issuance of a building permit.
(10)
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 micro facility, 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 smokestacks, water towers, tall buildings, existing or proposed support structures of other cellular communications companies, high tension power line towers, other communications towers (fire, police, etc.), and other tall structures.
(11)
Plan. The applicant shall provide a plan for all wireless communications facilities showing the antenna array, micro facility (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.
(12)
Other standards. Comply with all other standards of approval for all wireless communications facilities as set forth in this section.
(13)
Abandoned facilities. The applicant shall agree to remove abandoned wireless communications facility improvements as set forth in § 153-621E(28).
(14)
Conditions for conditional uses. When granting a conditional use, the Township may attach such reasonable conditions and safeguards, in addition to those expressed in this section, as it may deem necessary to implement the purposes of this section. Such conditions and safeguards may include, but need not be limited to, conditions on height, camouflaging method, particular location on a lot, fencing and other measures that implement the purposes of this section.
N.
Nonconforming uses.
[Added 8-26-2016 by Ord. No. 15-12]
(1)
No expansion of nonconforming use. Antenna arrays, micro facilities and any other wireless communications facilities which are installed or attached to existing structures in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure but shall rather comply with all the requirements for a separate and distinct use under the provisions of the Township's zoning, subdivision and land development ordinances.
(2)
Preexisting support structures. Preexisting, nonconforming support structures shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new support structure of like construction and height) shall be permitted on such preexisting support structures. New construction other than routine maintenance on a preexisting support structure shall comply with the requirements of this section.
(3)
Rebuilding damaged or destroyed nonconforming support structures, antenna arrays or micro facilities. Notwithstanding § 163-621E(28), bona fide nonconforming support structures, antenna arrays or micro facilities 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 micro facility on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with then applicable building codes 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 micro facility shall be deemed abandoned as specified in § 163-621E(28).
O.
Modification of and/or variances from the requirements of this section.
(1)
Variances from the design, dimensional and appearance criteria of this section may be granted by Township during the conditional use process upon satisfactory demonstration of the same type of severe and unnecessary hardship as would be required for an applicant seeing a variance from the Township Zoning Hearing Board.
(2)
A request for a variance to permit the location of any wireless communications facility anywhere other than as permitted by this section may be granted only by the Township Zoning Hearing Board.
P.
Conflicts. Where the provisions of this section are in conflict with the regulations of any underlying zoning district, the provisions of this section shall control.
Q.
Violations and penalties.
(1)
Any person who shall erect, construct, reconstruct, alter, repair, convert, attach or maintain any wireless communications facility in violation of the terms of this section, or who, being the owner or agent of the owner of any lot, tract or parcel of land shall suffer or permit another to erect, construct, reconstruct, alter, repair, convert, attach or maintain any such facility, shall be deemed to have violated the provisions hereof and shall be subject to a fine of up to $1,000 per day during the period such violation shall exist, collected as like fines or penalties are collected by law. Each day that a violation occurs shall constitute a separate violation.
(2)
If any wireless communications facility is erected, constructed, reconstructed, altered, repaired, converted, attached or maintained in violation of this section or any regulations made pursuant hereto, an authorized official of the Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, attachment or use, to restrain, correct, or abate such violation, to prevent the use of such facility and/or to prevent any illegal act, conduct, business or use in or about such facility.
§ 153-622 Small wireless facilities within public rights-of-way.
[Added 11-23-2021 by Ord. No. 21-09]
A.
Purpose. The purpose of this section is to establish policies and procedures for the placement of small wireless facilities and associated utility poles in rights-of-way within Towamencin Township's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Township's rights-of-way and the Township as a whole.
B.
Intent. In enacting this section, the Township is establishing uniform standards to address issues presented by small wireless facilities within the public rights-of-way, including, without limitation, to:
(1)
Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, certain Township corridors, and other public ways and places;
(2)
Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Limit interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
(4)
Limit environmental damage, including damage to trees;
(5)
Respect the character of the neighborhoods and other areas in which facilities are installed.
C.
Preemption of § 153-621 (Wireless telecommunications facilities) of the Zoning Ordinance for small wireless facilities within Township rights-of-way. To the extent that a wireless facility meets the definition of "small wireless facility" and is existing or proposed in rights-of-way within Towamencin Township's jurisdiction, as those terms are defined in this section, the provisions of this § 153-622 and not § 153-621 shall apply. All other wireless facilities shall be regulated pursuant to § 153-621.
D. ANTENNA APPLICABLE CODES APPLICANT APPLICATION CO-LOCATE or CO-LOCATION CODE COMMUNICATIONS SERVICE PROVIDER DAY EMERGENCY FCC LAW MICRO WIRELESS FACILITY PERMIT PERSON RIGHTS-OF-WAY or ROW SMALL WIRELESS FACILITY(1) (2) (3) (4) (5) TOWNSHIP UTILITY POLE WIRELESS FACILITY WIRELESS INFRASTRUCTURE PROVIDER WIRELESS PROVIDER WIRELESS SERVICES WIRELESS SERVICES PROVIDER WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
An apparatus designed for the purpose of emitting radio frequency (RF) signals, to be operated or operating from a fixed location for the provision of personal wireless service and any commingled information services.
Zoning, uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, or local amendments to those codes, enacted solely to address imminent threats of destruction of property or injury to persons, to the extent not inconsistent with this section.
A person or entity that submits a siting application, and the agents, employees, and contractors of such person or entity.
A request submitted by an applicant to a municipality:
To install, mount, maintain, modify or replace small wireless facilities on an existing utility pole or other wireless support structure.
The Code of Ordinances of Towamencin Township.
A cable operator, as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.
Calendar day.
A condition that:
The Federal Communications Commission of the United States.
Federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
A wireless facility that meets the following qualifications:
A written authorization required by the Township to perform an action or initiate, continue, or complete a project.
An individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization, including the Township.
The area on, below, or above a roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a federal interstate highway, in the Township.
A facility that meets each of the following conditions:
The structure on which antenna facilities are mounted is 50 feet or less in height;
Each antenna (excluding associated antenna equipment) is cumulatively no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume;
The facility does not require antenna structure registration under 47 CFR Part 17; and
The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
Towamencin Township, Montgomery County, Pennsylvania.
A pole or similar structure that is used in whole or in part for the purpose of carrying or providing lateral support to electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting.
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including i) equipment associated with wireless communications; and ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is co-located.
Any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.
A wireless infrastructure provider or a wireless services provider.
Any services, whether at a fixed location or mobile, provided to the public using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a monopole; tower, either guyed or self-supporting; existing billboard; or other existing or proposed, permitted structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.
E.
Permitted use; application and fees.
(1)
Permit required. No person shall place a small wireless facility or associated utility pole in the ROW without first filing an application and obtaining a permit therefor, except as otherwise provided in this section.
(2)
Application. All applications for permits filed pursuant to this section shall be on a form, paper or electronic, provided by the Township. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
(3)
Application requirements. An application shall be made by the wireless provider or its duly authorized representative, and shall contain the following:
(a)
The wireless provider's name, address, telephone number, and email address;
(b)
The applicant's name, address, telephone number, and email address, if different than the wireless provider, and its interest in the work;
(c)
The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
(d)
A general description of the proposed work and the purposes and intent of the small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed.
(e)
A site plan, with sufficient detail to show the proposed location of items the applicant seeks to install in the ROW, including any manholes or poles, the size, type, and depth of any conduit or enclosure.
(f)
An attestation that the small wireless facilities will be fully constructed by a wireless services provider within one year after the permit issuance date, unless the Township and the applicant agree to extend this period.
(g)
An attestation that, to the best of the applicant's knowledge, the information contained in the application is true.
(4)
When application not required. An application shall not be required for:
(a)
Routine maintenance;
(b)
The replacement of a small wireless facility with another small wireless facility that is substantially similar or the same size or smaller and still qualifies as a small wireless facility; or
(c)
For the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles, in compliance with the National Electrical Safety Code.
(5)
Application fees. All applications for permits shall be accompanied by a fee of $500 for a single up-front application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five; and $1,000 in nonrecurring fees for each new or replacement utility pole. Fees must be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq., and can be changed by resolution of the Towamencin Township Board of Commissioners.
(6)
Right-of-way management fee. The owner of the small wireless facilities shall pay a right-of-way management fee of $270 per small wireless facility by January 30 of every year. Fees must be in compliance with the Act and can be changed by resolution of the Towamencin Township Board of Commissioners.
(7)
Consolidated applications.
(a)
An applicant may submit a consolidated application for up to 20 small wireless facilities, if all the small wireless facilities in the consolidated application are substantially the same type.
(b)
If the Township denies the application for one or more small wireless facilities in a consolidated application, the Township may not use the denial as a basis to delay the application process of any other small wireless facility in the same consolidated application.
(c)
A single permit may be issued for siting and co-locating multiple small wireless facilities spaced to provide wireless coverage in a contiguous area.
F.
Action on permit applications.
(1)
Review of small wireless facility and utility pole applications.
(a)
Within 10 days of receiving an initial application, the Township will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, as determined in the Township's discretion, the Township will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The shot clock set forth in Subsection F(1)(b) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in Subsection F(1)(b) shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(b)
All applications shall be processed on a nondiscriminatory basis, and the Township shall approve or deny an application for:
(c)
An applicant and the Township may enter into a written agreement to toll the time periods set forth in Subsection F(1)(b).
(d)
If the Township fails to issue a decision on an application for a small wireless facility within the required time periods set forth in Subsection F(1)(b) of this section, the application shall be deemed approved.
(e)
The Township may deny a proposed co-location of a small wireless facility or installation or modification of a utility pole only if the proposed application:
[1]
Interferes with the safe operation of traffic control equipment.
[2]
Interferes with sight lines or clear zones for transportation or pedestrians.
[4]
Fails to comply with reasonable and nondiscriminatory spacing requirements that apply to other communications service providers and electric utilities in the ROW and that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a small wireless facility from serving any location.
[5]
Fails to comply with applicable codes.
(f)
The Township shall document the basis for a denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant on or before the day the Township denies an application. The applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of the denial without paying an additional application fee. The Township shall approve or deny the revised application within 30 days. Any subsequent review shall be limited to the deficiencies cited in the denial.
(2)
Permit scope and effect. Installation, modification, or co-location for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the Township and the applicant agree to extend this period or a delay is caused by the lack of commercial power or communications facilities at the site. Approval of an application authorizes the applicant to:
(a)
Undertake the installation, modification, or co-location; and
(b)
Subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain the small wireless facilities and any associated utility pole covered by the permit for a period of not less than 10 years.
(3)
Authority granted; no property right or other interest created. A permit from the Township authorizes an applicant to undertake only certain activities in accordance with this section, and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the ROW.
G.
Small wireless facilities in the ROW; maximum height; other requirements.
(1)
Technical requirements. Small wireless facilities and utility poles installed to support small wireless facilities in the ROW shall comply with the following requirements:
(a)
Each new or modified small wireless facility installed in the right-of-way shall be installed on an existing utility pole or a new utility pole subject to the following:
[1]
The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.
[2]
If co-location on an existing utility pole cannot be achieved under Section 4(i) of the Act, a small wireless facility may be installed on a new or replacement utility pole. The maximum permitted height of the facility, which shall include the utility pole and small wireless facility, shall not be taller than 50 feet above ground level.
(b)
Maximum size. The small wireless facility must conform to the size and height limitations as defined for a small wireless facility in this section.
(c)
Utility poles. Utility pole installations, modifications, and replacements relating to small wireless facility co-locations shall be fabricated from material having a degree of strength capable of supporting the small wireless facility, and shall be capable of withstanding wind forces and ice loads in accordance with applicable standards. A modification, installation, or replacement shall be securely bound in accordance with applicable engineering standards.
(d)
Color. To the extent technically feasible, small wireless facilities shall be of a color that is consistent with or most blends into the structure on which they are installed, unless a different color, approved by the Township, is needed for public safety or service reliability reasons.
(e)
Wiring and cabling. Wires and cables connecting the antenna and appurtenances serving the small wireless facility shall be installed in accordance with the version of the National Electrical Code and National Electrical Safety Code adopted by the Township and in force at the time of installation. In no event shall wiring and cabling serving the small wireless facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility, or telephone utility.
(f)
Guy wires restricted. Guy wires and similar support structures may not be used as part of the installation of any small wireless facility, unless the small wireless facility is proposed to be attached to an existing utility pole that incorporated guy wires prior to the date of the small wireless application.
(g)
Grounding. The small wireless facility, including any ground-mounted equipment, shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the Township regarding grounding of wireless facilities.
(h)
Signage. Other than the minimal size of warning or notification signs as required by federal law or regulations, or small identification and location markings, a small wireless facility shall not have signs installed thereon.
(i)
Access. Wireless providers and their employees, agents, and contractors shall have the right of access to utility poles, wireless support structures, and small wireless facilities in the ROW at all times for purposes consistent with this section.
(2)
Other requirements. A wireless provider that seeks to co-locate small wireless facilities or install or modify a utility pole supporting small wireless facilities shall be subject to the following requirements:
(a)
Small wireless facilities shall be located such that they do not interfere with a public health or safety facility, such as, but not limited to, a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility. New utility poles and small wireless facilities shall not be installed directly over any water, sewer, or reuse main or service line.
(b)
To the extent technically feasible, new utility poles installed to support small wireless facilities shall be made of the same or similar material as existing poles in the immediate area.
(c)
Any tree-disturbing activity necessary for the installation or co-location of small wireless facilities and utility poles installed to support them shall comply with any applicable Shade Tree Commission and Township Code and permitting requirements related to tree trimming and/or removal.
(d)
Small wireless facilities and utility poles or wireless support structures on which they are co-located shall not be lighted or marked by artificial means, except when small wireless facilities are co-located on a light pole or where illumination is specifically required by the Federal Aviation Administration or other federal, state, or local regulations.
(e)
A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Township's streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the ROW. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.
(f)
Small wireless facilities shall blend in with the surrounding environment or be otherwise concealed to the extent practicable.
(g)
Wireless support structures installed or replaced in order to accommodate attached small wireless facilities shall be a minimum of two feet from any sidewalk, path or trail and shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines.
(h)
Antenna placement shall not materially impair light, air, or views from adjacent windows.
(i)
Pole-mounted accessory equipment shall be mounted to provide a minimum of eight feet vertical clearance from ground level.
(j)
All accessory equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.
(k)
No accessory equipment shall feature any visible lighting, including flashing indicator lights, unless required by state or federal law.
(3)
Underground provision. Small wireless facilities shall not be located in a right-of-way in which all utility installations are presently underground.
H.
Removal, relocation, or modification of small wireless facility in the ROW.
(1)
Notice. Within 90 days following written notice from the Township, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter the position of any small wireless facilities or utility pole for which it has a permit hereunder whenever the Township has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any Township improvement in or upon, or the operations of the Township in or upon, the ROW. In such cases the Township shall work with the provider to allow for continuity of service and use of an alternative location as needed.
(2)
Emergency removal or relocation of facilities. The Township retains the right to cut or move any small wireless facilities or utility poles located within the ROW, as the Township may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If circumstances permit, the Township shall notify the wireless provider and provide it an opportunity to move its small wireless facilities or utility poles prior to cutting or removing them, and in all circumstances shall promptly notify the wireless provider after cutting or removing a small wireless facility or utility pole.
(3)
Abandonment of facilities. The Township may require a wireless provider to remove an abandoned small wireless facility or utility pole permitted hereunder within 180 days of abandonment. Should the wireless provider fail to timely remove the abandoned small wireless facility or utility pole, the Township, upon providing 30 days' prior written notice to the provider, may remove the small wireless facility or utility pole to be removed and may recover the actual cost of such removal from the wireless provider. A small wireless facility or utility pole shall be deemed abandoned at the earlier of the date that the wireless provider indicates in any way that it is abandoning the small wireless facility or utility pole, or the date that is 180 days after the date that the small wireless facility or utility pole ceases to be used, unless the wireless provider gives the Township reasonable evidence that it is diligently working to place the small wireless facility or utility pole back in service.