[Ord. 670, 12/12/2007]
As used in this Part, the following terms shall have the meanings
set forth below:
ALTERNATIVE TOWER STRUCTURES
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless communications
signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites
to one or more cellular telephone switching officers and/or long distance
providers or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the case pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
the Part, including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired.
TELECOMMUNICATIONS OVERLAY DISTRICT or TO
All that property owned, leased or otherwise controlled by
the Township of Darby, including its rights-of-way and including the
rights-of-way of state highways located in the Township with the permission
of acquiescence of the state.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
[Ord. 670, 12/12/2007]
The following uses may be approved by the Zoning Administrator
after conducting an administrative review.
A. Locating a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with said
tower or antenna, in any Telecommunications Overlay District.
B. Locating antennas on existing structures or towers consistent with
the terms of Subsections (1) and (2) below.
(1)
Antenna on Existing Structures. Any antenna that is not attached
to a tower may be approved by the Zoning Administrator as an accessory
use to any commercial, industrial, professional, institutional or
multifamily structure of eight or more dwelling units, provided:
(a)
The antenna does not extend more than 30 feet above the highest
point of the structure.
(b)
The antenna complies with all applicable FCC and FAA regulations.
(c)
The antenna complies with all applicable building codes.
(2)
Antennas on Existing Towers. An antenna which is attached to
an existing tower may be approved by the Zoning Administrator, and
to minimize adverse, visual impacts associated with the proliferation
and clustering of towers, co-location 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.
(a)
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 the Zoning Administrator allows reconstruction
as a monopole.
(b)
Height.
1)
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 an additional antenna.
2)
The height change referred to in Subsection (c)1) may only occur
one time per communication tower.
3)
The additional height referred to in Subsection (c)1) shall not require an additional distance separation as set forth in §
27-1506. The tower's pre-modification height shall be used to calculate such distance separations.
(c)
On-Site Location.
1)
A tower which is being rebuilt to accommodate the collocation
of an additional antenna may be moved on site within 50 feet of its
existing location.
2)
After the tower is rebuilt to accommodate collocation, only
one tower may remain on the site.
3)
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to §
27-1506, Subsection
2E, and shall only be permitted when approved by the Zoning Administrator.
4)
The on-site relocation of a tower which comes within the separation distances to residential units for residentially zoned lands as established in §
27-1506, Subsection
2E, shall be permitted when approved by the Zoning Administrator.
C. New Towers in Nonresidential Zoning Districts. Locating any new tower in a nonresidential zoning district other than Telecommunications Overlay District, provided a Pennsylvania licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Administrator concludes the tower is in conformity with the goals set forth in §
27-1500 and the requirements of §
27-1506, Subsection
2E; and the tower meets the following height and usage criteria:
(1)
For single user, up to 90 feet in height.
(2)
For two users, up to 120 feet in height.
(3)
For three or more users, up to 150 feet in height.
D. Locating any alternative tower structure in a zoning district other than Telecommunication Overlay District that in the judgment of the Zoning Administrator is in conformity with the goals set forth in §
27-1500 of this Part.
E. Installing a cable micro-cell network through the use of multiple
low-powered transmitters/receivers attached to existing wire-line
systems, such as conventional cable or telephone wires or similar
technology that does not require the use of towers.
[Ord. 670, 12/12/2007]
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 Darby notifying the owner 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 the owner's
expense. If there are two or more users of a single tower, then this
provision shall become effective until all users cease using the tower.