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Upper Moreland Township
City Zoning Code

ARTICLE XXXV

Antenna Systems

§ 350-227 Antenna or cellular tower.

A. 
Purposes. The following regulations shall have the following purposes:
(1) 
To accommodate the need for telecommunications antennas mounted on towers specifically constructed for that purpose as well as to permit and regulate antennae attached to existing poles, traffic signals, light standards or other structures located in street, road and highway rights-of-way and ancillary equipment for each while regulating their location so as to minimize potential damage to passersby from obstructions in the rights-of-way and to adjacent properties from structural failures and adverse visual effects of antenna support structures; and
(2) 
To encourage the joint use of antenna support structures and equipment cabinets to minimize clutter on the landscape and within rights-of-way.
B. 
Uses.
(1) 
An antenna that is attached to an existing antenna support structure, high-rise building, steeple, water tower, smokestack or other existing structure shall be permitted in all zoning districts, provided that the antenna shall not exceed the height of the existing structure by more than 15 feet. Such antenna and any ancillary equipment shall not be deemed to be an additional principal use that violates § 350-173 of this chapter.
(2) 
A cellular tower site with an antenna that is not mounted on an existing structure is permitted as a special exception in the Limited Industrial, CMU Commercial, BC Business Center, and INST Institutional Districts in accordance with the provisions of § 350-227C hereof.
(3) 
No other uses are permitted on a cellular tower site, including business office, maintenance facility, vehicle storage or other use of the site, unless otherwise permitted as a use in the zoning district in which the cell site is located.
(4) 
Antennae and other communications equipment designed to enable a distributed antennae system (DAS) located in the rights-of-way of the Township, the Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission, the County of Montgomery, or SEPTA (Southeast Pennsylvania Transportation Authority) are permitted by right in the CMU Commercial, SC Shopping Center District, BC Business Center and I Limited Industrial in accordance with Chapter 290, Streets and Sidewalks, Use and Maintenance of, and § 350-227F hereof.
(5) 
Antennae and other communications equipment designed to enable a distributed antennae system (DAS) located in the rights-of-way of the Township, the Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission, the County of Montgomery, or SEPTA (Southeast Pennsylvania Transportation Authority) are permitted in residential zones (R, R-1, R-2, R-3, R-3A, R-4, MD and HRO) in accordance with Chapter 290, Streets and Sidewalks, Use and Maintenance of, and § 350-227F hereof, provided they meet the following criteria:
(a) 
The antennae and associated communications equipment are attached to an existing pole traffic signal, light standard or other existing structure no further than 50 feet from a street intersection measured from the pole or structure along the curbline or edge of paving;
(b) 
The antennae and equipment are available to be shared by multiple users;
(c) 
The location, height and size of the equipment do not obstruct a sidewalk, or the travel lane of a street, road or highway; and
(d) 
The pole contains no other equipment shelters.
C. 
Standards for approval of special exception where required by § 350-227B(2) for a cellular tower. An applicant for a special exception to permit the installation of an antenna or cellular tower site shall establish the following:
(1) 
That the user of the proposed structure is licensed by the Federal Communications Commission.
(2) 
That the antenna is required on the proposed site to meet a telecommunications need that cannot be satisfied by the use of an existing structure. In connection with this requirement, the applicant must show the location of all tall structures within a one-fourth-mile radius of the proposed cell site and show that it made a good faith effort to install the antenna thereon.
(3) 
That the proposed antenna support structure, unless an existing structure, will be designed and constructed so as to permit the location thereon of at least one other telecommunications user.
(4) 
As a condition of the grant of a special exception, the applicant must agree to permit other antenna to be installed on the antenna support structure and cannot refuse to permit such installations except for the reason of interference with the intended purpose of the applicant's own antenna.
(5) 
As a condition of the grant of a special exception, the applicant must submit a land development plan complying with the standards of § 350-227D and in accordance with the provisions of Chapter 300, Subdivision and Land Development, of the Township Code.
(6) 
As a condition of the grant of a special exception, the applicant must agree to remove the antenna support structure when and if it no longer is being used for any telecommunication function.
D. 
Standards applicable to telecommunication antennas. An applicant for an antenna or cellular tower site shall comply with the following:
(1) 
The user of the proposed structure must be licensed by the Federal Communications Commission.
(2) 
The applicant must demonstrate that the proposed antenna support structure is safe and that properties adjacent to the cell site will not be adversely affected by any failure of the support structure or any part thereof, falling ice, or electromagnetic interference. The proposed antenna support structure must be designed and constructed so as to permit the location thereon of at least one other telecommunications user.
(3) 
All guy wires anchoring an antenna shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. Guy wires and their anchors must be set back from any property line a minimum of 75 feet.
(4) 
An eight-foot-high chain-link fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. Further, said chain-link fence shall at all points be no closer than 15 feet from such antenna support structure and other equipment. The antenna support structure shall be fitted with an approved anticlimbing device or otherwise designed to prevent unauthorized persons from being able to climb the structure.
(5) 
Two all-weather parking spaces shall be provided unless there shall be any employees at the cell site, in which case parking shall be provided in accordance with Article XXVI.
(6) 
Antennas and their support structures must comply with the following standards relating to aesthetics, placement and colors:
(a) 
Antenna support structures shall be painted green up to the height of nearby trees and then silver or some other color that will minimize the visual impact of the antenna support structure.
(b) 
All communications equipment buildings, sheds, cabinets or vaults shall be designed to utilize materials, colors, textures, screening and landscaping to blend them into the natural setting and surrounding buildings to an extent reasonably feasible.
(c) 
Any supporting electrical or mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the antenna support structure so as to make the supporting electrical and mechanical equipment as visually unobtrusive as possible and blended into the natural setting and surrounding buildings.
(7) 
The antenna support structure shall be set back from property lines of the lot upon which it is situated by the largest of the following:
(a) 
The minimum building setback in the underlying zoning district.
(b) 
250 feet from residential property lines.
(c) 
100 feet from other property lines.
(8) 
An antenna support structure which is not mounted on an existing structure or building shall not exceed 100 feet in height.
(9) 
No signs or lights shall be mounted on the antenna support structure or antenna except as may be required by the Federal Communication Commission, the Federal Aviation Administration or other governmental agency having jurisdiction or which may be needed for emergency repair.
(10) 
The applicant must agree to remove the antenna support structure when and if it no longer is being used for any telecommunications function.
(11) 
The planting and maintenance of landscaping materials shall be required to screen as much as possible of the antenna support structure and fencing surrounding the cell site in accordance with § 300-41 of Chapter 300, Subdivision and Land Development, of the Township Code.
(12) 
Except for an antenna being mounted on an existing structure, the applicant must submit a land development plan complying with the standards of this Subsection D and in accordance with the applicable provisions of Chapter 300, Subdivision and Land Development, of the Township Code.
E. 
Use certificate. The owner or user of any antenna support structure or cell site shall annually file with the Department of Code Enforcement a certification, on a form approved by such Department, setting forth that such antenna support structure or cell site is in compliance with all applicable requirements of the Township's Building Code and Zoning Code. Without limiting the generality of the foregoing, such certification shall include the following:
(1) 
That all users of the antenna support structure for antennas, whether existing or proposed, are licensed by the Federal Communications Commission;
(2) 
That the antenna support structure continues to be used for telecommunication functions and, if not, the proposed plan of demolition of such antenna support structure;
(3) 
That no changes in antennas or equipment have been made without obtaining the appropriate permits and supplying the necessary construction drawings;
(4) 
That the antenna support structure continues to be maintained in a safe manner and that such owner has no knowledge or notice of any adverse effect to any adjacent properties by virtue of any failure of the support structure or any part thereof, falling ice, or electromagnetic interference;
(5) 
That the antenna support structure is or is not available to permit the location thereon of at least one other telecommunications user and, if not, the reasons for such unavailability;
(6) 
That all required fencing or approved anticlimbing devices designed to prevent unauthorized persons from being able to climb the structure are being maintained and exist in good condition, fit for the intended purpose of such fencing or approved anticlimbing devices; and
(7) 
That the plantings and landscaping materials for the screening of the antenna support structure and cell site are being maintained and exist in good condition, fit for the intended screening purpose of such plantings and landscaping materials.
F. 
Standards applicable to all distributed antennae systems; antenna located in street, road or highway rights-of-way. An applicant for permission to install, alter, add or remove antennae or equipment on poles, traffic signals, light standards or structures located within street, road and highway rights-of-way shall provide with the application required under Chapter 290:
(1) 
A certification that the equipment is to be located in accordance with this chapter;
(2) 
Proof that its devices, appendages, and antennae are certified by Underwriters Laboratory or by another nationally recognized testing laboratory as safe and that the poles or structures to which appendages are to be attached are structurally sound. No antennae may be installed in a right-of-way that is not located in or along a sidewalk, street, road or highway;
(3) 
Proof that the structure or pole is structurally sound and will be maintained in such a condition for the length of the agreement;
(4) 
A written guaranty that the equipment will be removed at the end of the agreement or earlier if the presence of the antennae or the equipment cabinet are a danger to the public health and safety;
(5) 
Proof that the proposed location, height and size of the antennae and equipment will not obstruct pedestrian or vehicular traffic;
(6) 
Proof that any such use is nonexclusive and available to other DAS providers;
(7) 
Proof that the design and location of the equipment are compatible with other users of the roads or sidewalks and surrounding land uses;
(8) 
The pole, traffic signal, light standard or other structure may not exceed 45 feet in height with antennae no greater than three feet above that height; and
(9) 
No pole, traffic signal, light standard or other structure may contain more than three directional or panel antennae, one omnidirectional antenna and a GPS device no larger than one square foot.