West Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XXV
Regulations for Communication Towers and Antennas
§ 200-196 Purpose.
The purpose of this article is to establish general guidelines for the setting of telecommunications towers and antennas. The goals are to: (a) protect residential areas and land uses from potential adverse impacts of telecommunications towers and antennas; (b) minimize the total number of telecommunications towers throughout the community; (c) strongly encourage the joint use of new and existing telecommunications tower sites as a primary option rather than the construction of additional single-use telecommunications towers; (d) encourage users of telecommunications towers and antennas to locate them, to the extent possible, in areas where the adverse impact to the community is minimal; (e) encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of telecommunications towers and antennas through careful design, setting, landscape screening and innovative camouflaging techniques; (f) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (g) consider the public safety of telecommunications towers; and (h) minimize potential damage to adjacent properties from tower failure through engineering and careful siting of telecommunications tower structures. In furtherance of these goals, the Township shall give due consideration to existing land uses and environmentally sensitive areas in approving sites for the location of telecommunications towers and antennas.
§ 200-197 Applicability.
A.
All new towers and antennas shall be subject to these regulations, except as provided herein. In addition to § 200-198, below, towers less than or equal to 40 feet in height shall also be regulated by § 200-199 below, and towers greater than 40 feet in height shall also be regulated by § 200-200 below.
B.
Preexisting towers and preexisting antennas shall not be required to be modified to meet the requirements of this article, other than as provided herein.
§ 200-198 Regulations applicable to all towers.
The following provisions apply to all communication towers, irrespective of height.
A.
For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
B.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Township an inventory of its existing towers, antennas, distributed antenna systems or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within five miles of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this article or other organizations seeking to locate antennas within the jurisdiction of the Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
C.
Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color so as to reduce visual obtrusiveness, or colored to blend into the natural setting and surroundings. Towers shall be context sensitive, employ stealth technology and be designed to minimize their aesthetic impact, utilizing means subject to approval of the Township.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on or within a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4)
Towers shall not be artificially lighted, unless required by the FAA, the Township or other applicable authority and, with respect to a tower 40 feet or less in height, unless the antennas are attached to an existing, operating light pole. If lighting is required, the lighting alternatives and design chosen shall be approved by the Township and conform to FAA regulations and § 167-66 of the Township Code (the Lighting Ordinance) acknowledging the FAA requirements prevail.
D.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state and federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
E.
To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electrical Industry Association, as amended from time to time. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
F.
For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdiction boundaries.
G.
Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a communication system in the Township have been obtained and shall file a copy of all required franchises with the Township.
H.
No signs shall be allowed on an antenna or tower, except where required by law or approved by the Township.
I.
All communication towers shall be monopole construction, but the upper portions of towers may have designs intended to camouflage the tower, when approved by the Township.
J.
All towers must meet American National Standards Institute, Electrical Industry Association, Telecommunications Industry Association tower specifications requirements. Further, the tower must be built to withstand 100 mph sustained winds with a uniform loading of 50 pounds, or short duration gusts of up to 150 mph. The tower shall be constructed with consideration of seismic conditions in the Township. An independent structural engineer registered in Pennsylvania shall attest to the proposed tower's ability to meet these requirements, certify proper construction of the foundation and erection of the tower, and certify the tower can structurally accommodate the proposed uses of the tower. Maximum live and dead load potential of the tower shall be determined by the applicant's design engineer to the satisfaction of the Township's Engineer.
K.
Any applicant proposing to construct a communications equipment building that cannot be located underground shall screen the structure using vegetative plantings to be approved by the Zoning Officer in accordance with the landscaping standards set forth in § 167-66.1 of the Subdivision and Land Development Ordinance.
[Amended 1-21-2021 by Ord. No. 2021-01]
§ 200-199 Regulations applicable to towers 40 feet or less in height.
The following regulations apply to towers that are 40 feet or less in height.
A.
Towers and antennas that are 40 feet or less in height shall be permitted only by special exception in the side yard or rear yard (but not within the front yard) in all zoning districts, provided that they are set back from lot lines a distance equivalent to 1.1 times their height or the setback for principal structures applicable to the property's zoning district, whichever is greater, and subject to the standards set forth in Subsection B(4) through (11) below.
(1)
Towers and antennas shall be located a minimum of 10 feet plus the height of the tallest portion of the communications tower or antennas from any habitable structure.
B.
Towers and antennas that are 40 feet or less in height are only permitted by conditional use within a public right-of-way, approval by the Township, subject to the applicant establishing the following.
(2)
With respect to towers and antennas proposed in residential zoning districts (R-1, R-2, R-3, and R-4), the towers and antennas shall be situated so that they are not located directly in front of any residential dwelling unit or occupied building, but are instead located in the rear yard adjacent to any residential dwelling unit or occupied building or so that they align with gaps between residential dwelling units and buildings.
(3)
To the extent feasible and practical, towers and antennas shall be located on existing utility poles or structures.
(4)
Towers, antennas and all supporting facilities shall be designed in a manner to be aesthetically consistent with the surrounding neighborhood, and stealth technology shall be utilized to minimize its visual impact.
(5)
Towers shall not interfere with stormwater management facilities or other utilities.
(6)
Towers and antennas shall not interfere with public safety communications or the reception of cable, internet, broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(7)
Ground facilities necessary for towers and antennas shall be located underground. To the extent that the applicant establishes that such facilities cannot be located underground, all supporting ground facilities for towers and antennas shall be fully screened through landscaping, in compliance with § 167-66.1 of the Subdivision and Land Development Ordinance. The applicant shall be responsible for maintaining such landscaping in perpetuity.
[Amended 1-21-2021 by Ord. No. 2021-01]
(8)
In no case shall towers, antennas or supporting ground equipment, facilities or landscaping be located within 24 inches of the edge of the cartway or the edge of the curbing or shoulder, whichever is greater.
(9)
In no case shall towers or antennas installed in a public right-of-way extend into the yard of an adjacent property.
(10)
The owner of such towers and antennas shall provide a minimum of three business days' notice to the Township and the property owner of any construction related to the tower or antennas.
(12)
The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all facilities within the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
C.
Applicants for a tower and/or antenna shall submit the following:
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and other information necessary to assure compliance with this article.
(2)
The setback distance between the proposed tower and the nearest residential unit and lot lines.
(3)
A landscape plan showing specific landscape materials.
(4)
Method of fencing, finished color and the method of camouflage and illumination.
(5)
A description of compliance with all applicable subsections and all applicable federal, state and local laws.
§ 200-200 Regulations applicable to towers greater than 40 feet in height.
A.
The following regulations apply to towers that are greater than 40 feet in height, which shall only be permitted by conditional use pursuant to the following criteria to the extent permitted in an underlying zoning district:
(1)
The maximum height of a communication tower shall be 150 feet for two or more systems or users and 100 feet for a single system or user.
(2)
There shall be no overhead electrical transmission lines within a two-hundred-foot radius of the tower. The following tower and antenna separation requirements shall apply from off-site uses/designated areas. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified below:
Off-Site Uses/Designated Area | Separation Distance (feet) |
|---|---|
Residential dwelling units | 250 |
Vacant residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 250 |
Vacant unplatted residentially zoned lands | 100 |
Inhabitable nonresidential structures | 250 |
Nonresidentially zoned lands | None - only setbacks apply |
B.
Each new tower or antenna shall have a fallout area equivalent to 1.1 times the height of said tower or antenna or the setback for principal structures applicable to the property's zoning district, whichever is greater, which area shall be measured from the location of said tower or antenna in a three-hundred-sixty-degree radius equal to the height of the same, which area shall be under the control of the applicant constructing said tower or antenna.
C.
The Township shall be assured that all health, safety, and welfare issues have been properly addressed.
D.
The owners of the communication tower shall secure the tower base, including any support structures, with a chain link fence which shall be a minimum of 10 feet in height. In addition to boundary security, all communication towers shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the tower. Landscaping shall be provided around all fences to screen the tower compound year-round from view from property zoned to permit residential dwellings. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited in large, wooded lots, natural growth around the property perimeter may be sufficient screen.
E.
All communication tower owners shall provide the Township with a statement that the emission of radio waves emanating from the tower will neither cause harm to an individual by its operation or cause measurable radio interference to the reception or operation of AM radios, TV and FM reception, car, cellular or portable phones, heart pacemakers, garage door openers, remote control units for models, and other radio dependent devices in general use within the Township and is in compliance with all Federal Communications Commission regulations. Any increases to the emission of radio waves shall require issuance of a statement specifying the threshold of the increase and FCC compliance of newly adjusted frequencies.
F.
If measurable radio interference does result to the reception or operation of AM radios, TV and FM reception, car, cellular or portable phones, heart pacemakers, garage door openers, remote control units for models, and other radio dependent devices in general use within the Township from the installation and use of the communication tower, the owner of that tower shall be required to cease operation immediately, until the problem is corrected, or if the problem is not correctable to abandon the operation entirely.
G.
The owner of any communication tower shall be required to submit to the Township proof of an annual inspection and tower maintenance program. Any structural faults thus noted shall be immediately corrected by the owner. Failure to provide proof of certified inspection will result in notification to the owner to cease operation and dismantle the tower.
H.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. When required by the Township, the applicant shall post a financial security in a form acceptable to the Township to cover the cost of removing the antenna or tower.
I.
No communication tower shall be allowed within one mile of another tower. The separation distances shall be measured by drawing or following a straight line between the base of an existing tower and the proposed base, pursuant to a site plan, of a proposed tower.
J.
New towers greater than 40 feet in height.
(1)
No new tower greater than 40 feet in height shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Township that the proposed antenna cannot be accommodated on an existing tower or structure, through alternate technology that does not require the use of towers, or through a new or existing tower 40 feet or less in height that is compliant with § 200-199 above. An applicant shall submit information requested by the Township related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower or structure, alternative technology or tower 40 feet or less in height can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's approved antenna.
(e)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable and/or insufficient, thereby necessitating the need for the proposed towers and structures.
(2)
The applicant shall demonstrate that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable.
K.
The placement of additional support buildings or supporting equipment in conjunction with an existing tower or locating antennas on existing structures or towers will not require a conditional use.
L.
Any antenna which is not attached to a tower may be approved by the Zoning Officer as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided that the antenna does not extend more than 30 feet above the highest point of the structure; the antenna complies with all applicable FCC and FAA regulations; and the antenna complies with all applicable building codes.
M.
An antenna which is attached to an existing tower may be approved by the Zoning Officer as a permitted use.
N.
To minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless reconstructed as a monopole.
(2)
An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of additional antennas; such height change may only occur one time per communication tower, and such additional height shall not require an additional distance separation. The tower's pre-modification height shall be used to calculate such distance separations.
(3)
A tower which is being rebuilt to accommodate the collocation of additional antennas may be moved on site within 50 feet of an existing location. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. A relocated, on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The on-site relocation of a tower which comes within the separation distances as established in § 200-200B shall only be permitted when approved by the Township.
O.
In addition to the above standards, all other applicable performance standards applicable to the zoning district in which the tower is to be located shall apply to the tower and any associated support facilities or structures. This requires that all applicable plans must be submitted for review and approval for any development application for a communication tower.
P.
Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
(1)
Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (excluding replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.
(2)
Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain conditional use approval and without having to meet the separation requirements specified in this article. The type, height and location of the tower on site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
Q.
The following requirements shall apply to antennas and related equipment:
(1)
Antennas mounted on structures or rooftops. In addition to the requirements of § 200-199 above, the equipment or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a)
The equipment cabinet or structure shall be no greater than 10 feet in height or 250 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate of at least eight feet and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.
R.
Antennas or towers located on property owned, leased, or otherwise controlled by the Township, provided a license or lease authorizing such antenna or tower has been approved by the Township, shall not require conditional use approval.
S.
Applicants for a tower shall submit the following:
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distance set forth in this article, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information necessary to assure compliance with this article.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials located outside of fencing.
(6)
Method of fencing, finished color and, if applicable, the method of camouflage and illumination.
(7)
A description of compliance with all applicable subsections and all applicable federal, state and local laws.
(8)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other tower sites owned or operated by the applicant in the Township.
(10)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(11)
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological and geographical limitations, in the event the proposed tower is erected.
§ 200-201 Application to public utilities.
Notwithstanding any provision in this chapter to the contrary, any exemption created for a public utility corporation shall not apply to communication towers. In other words, a public utility corporation shall comply with all regulations applicable to communication towers set forth elsewhere in this article.