[Ord. 670, 12/12/2007]
1.
The purpose of this section is to establish general guidelines for
the siting of wireless communications towers and antennas. The goals
of this Part are to:
A.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas.
B.
Encourage the location of towers in nonresidential areas.
C.
Minimize the total number of towers throughout the community.
D.
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers.
E.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal.
F.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape, screening and innovating
camouflaging techniques.
G.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently.
H.
Consider the public health and safety of communication towers.
I.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
2.
In furtherance of these goals, the Township of Darby shall give due
consideration to the Township's Comprehensive Plan, Zoning Map,
existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas.
[Ord. 670, 12/12/2007]
As used in this Part, the following terms shall have the meanings
set forth below:
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.
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.
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.
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 to the highest point
on the tower or other structure, including the case pad and any antenna.
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.
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.
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.
Hereby designated as the Township Manager for purposes of
this Part.
[Ord. 670, 12/12/2007]
2.
Amateur Radio Station Operators/Receive Only Antennas. This Part
shall not govern any tower or the installation of any antenna that
complies with the pertinent host requirement in this chapter and is
owned and operated by a federally licensed amateur radio station operator
or is used exclusively for receive only antennas.
4.
AM Array. For purposes of implementing this Part, an AM array, consisting
of one or more tower units and supporting ground system which functions
as one AM broadcasting antenna, shall be considered one tower. Measurements
for setbacks and separation distances shall be measured from the outer
perimeter of the towers included in the AM array. Additional tower
units may be added within the perimeter of the AM array by right.
[Ord. 670, 12/12/2007]
1.
Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
2.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with district zoning 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.
3.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Administrator an inventory of its
existing towers, antennas or sites approved for towers or antennas,
that are either within the jurisdiction of Township of Darby or within
one mile of the border thereof including specific information about
the location, height, and design of each tower. The Zoning Administrator
may share such information with other applicants applying for administrative
approvals or special use permits under this Part or other organizations
seeking to locate antennas within the jurisdiction of the Township
of Darby; provided, however, that the Zoning Administrator is not,
by sharing such information, in any way representing or warranting
that such sites are available or suitable.
4.
Aesthetics. Towers and antennas meet the following requirements:
A.
Towers shall either maintain a galvanized steel finish or, subject
to all applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
B.
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.
C.
If an antenna is installed on 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.
5.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
6.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or 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 Part 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.
7.
Building Codes; Safety Standards. 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 Electronic Industries Association, as amended from time to
time. All towers shall be designed by a licensed professional engineer
registered in the Commonwealth of Pennsylvania, and all drawings submitted
for approval shall be signed and sealed by the same engineer responsible
for the design. All construction shall be supervised by qualified
personnel, and a certification shall be prepared and presented to
the Township by a licensed professional engineer registered in the
Commonwealth of Pennsylvania that the design and construction conform
to the highest standards of engineering and construction. If, upon
inspection, the Township of Darby 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.
8.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Township of Darby irrespective of municipal and county jurisdiction
boundaries.
9.
Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this Part and shall not be regulate or permitted
as essential services, public utilities or private utilities.
10.
Franchises. Owners and/or operators of towers or antennas shall certify
that all licenses and/or franchises required by law for the construction
and/or operation of a wireless communication system in the Township
of Darby have been obtained and shall file a copy of all required
licenses and/or franchises with the Zoning Administrator.
11.
Public Notice. For purpose of this Part, any special exceptions request, variance request or appeal of an administrative decision use or special exception shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 27-1506, Subsection 2E(2), Table 2, in addition to any notice otherwise required by the Zoning Ordinance.
12.
Signs. No signs shall be allowed on an antenna or tower.
13.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 27-1507.
14.
Multiple Antenna/Tower Plan. The Township of Darby encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
15.
Co-Location. In order to reduce the number of towers in the Township
of Darby in the future, the proposed tower, if required by the Zoning
Administrator and/or Zoning Hearing Board and/or Planning Board shall
be designed to accommodate future other communications users, including
commercial wireless communications companies, local police, fire and
ambulance companies.
16.
Service to the Township. A provider of telecommunications service
within the Township of Darby shall make its telecommunications services
available to the Township at its most favorable rate for similarly
situated users, unless otherwise provided for in a lease, license
or franchise agreement.
[Ord. 670, 12/12/2007]
1.
General. The uses listed in this section are deemed to be permitted
uses and shall not require administrative approval or a special use
permit.
2.
Permitted Uses. The following uses are specially permitted:
A.
A Telecommunications Overlay District is hereby created. This Telecommunication
Overlay Zoning District applies to all zoning districts in the Township
of Darby. The Telecommunications Overlay District ("TO") shall consist
of property owned, leased or otherwise controlled by the Township
of Darby including its rights-of-way and including the rights-of-way
of the state.
B.
Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in § 27-1506, Subsection 2A and B, of this Part and a nonrefundable fee as established by resolution of the Board of Commissioners of the Township of Darby to reimburse the Township of Darby for the costs of reviewing the application.
D.
The Zoning Administrator shall respond to each such application within
60 days after receiving it by either approving or denying the application.
If the Zoning Administrator fails to respond to the applicant within
said 60 days, then the application shall be deemed to be approved.
E.
In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 27-1506, Subsection 2E, by up to 50%.
F.
In connection with any such administrative approval, the Zoning Administrator
may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
[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:
(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)
(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.
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:
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]
1.
General. The following provisions shall govern the issuance of special
exception permits for towers or antennas by the Zoning Hearing Board
of the Township of Darby:
B.
Applications for special exception permits under this section shall
be subject to the procedures and requirements of this chapter, except
as modified in this section.
C.
In granting a special exception permit, the Zoning Hearing Board
may impose conditions to the extent the Zoning Hearing Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
D.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a Pennsylvania
licensed and registered professional engineer.
E.
An applicant for a special exception permit shall submit the information
described in this section and a nonrefundable fee as established by
resolution on the Board of Commissioners of the Township of Darby
to reimburse the Township of Darby for the costs of reviewing the
application.
2.
Towers.
A.
Information Required. In addition to any information required for
applications for special exception permit for a tower all submit the
following information:
(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 distances set forth in § 27-1506, Subsection 2E, 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 deemed by the Zoning Administrator to be necessary to assess compliance with this Part.
(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 pursuant to § 27-1503, Subsection 3, 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 the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(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 cellular sites
owned or operated by the applicant in the municipality.
(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 of Darby based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
B.
Factors Considered in Granting Special Exception Permits for Towers.
In addition to any standards for consideration of special use permit
applications pursuant to this chapter, the Zoning Hearing Board shall
consider the following factors in determining whether to issue a special
use permit, although the Zoning Hearing Board may waive or reduce
the burden on the applicant of one or more of these criteria if the
Zoning Hearing Board concludes that the goals of this Part are better
served thereby.
(1)
Height of the proposed tower.
(2)
Proximity of the tower to residential structures and residential
district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(7)
Proposed ingress and egress.
(8)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 27-1506, Subsection 2D, of this Part.
(9)
Administrative review and recommendation by the Zoning Administrator.
C.
Availability of Suitable Existing Towers, Other Structures or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Zoning Hearing Board that no
existing tower, structure or alternative technology that does not
require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the Zoning Hearing Board related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may
consist of any of the following:
(1)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna a related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required by the owner
in order to share an existing towers or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
micro-cell network using multiple low-powered transmitters/receivers
attached to a wire-line system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
D.
Setbacks. The following setback requirements shall apply to all towers
for which a special use permit is required; provided, however, that
the Zoning Hearing Board may reduce the standard setback requirements
if the goals of this Part would be better served thereby.
E.
Separation. The following separation requirements shall apply to
all towers and antennas for which a special use permit is required;
provided, however, that the Zoning Hearing Board may reduce the standard
separation requirements if the goals of this Part would be better
served thereby.
(1)
Separation From Off-Site Uses/Designated Areas.
(a)
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
in Table 1, except as otherwise provided in Table 2.
(b)
Separation requirements for towers shall comply with the minimum
standards established in Table 1.
|
TABLE 1
| ||
|---|---|---|
|
Off-Site Use
|
Designated Area Separation Distance
| |
|
Single-family or duplex residential units1
|
500 feet or 300% height of tower, whichever is greater.
| |
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
500 feet or 300% height of tower2 whichever is greater
| |
|
Vacant unplatted residentially zoned lands3
|
250 feet or 150% height of tower2 whichever is greater
| |
|
Existing multifamily residential units greater than duplex units
|
250 feet or 150% height of tower whichever is greater
| |
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
| |
|
1
|
Includes modular homes and mobile homes used for living purposes.
| |
|
2
|
Separation measured from base of tower to closes building setback
line.
| |
|
3
|
Includes any unplatted residential use properties without a
valid preliminary subdivision plan or valid development plan approval
and any multifamily residentially zoned land greater than duplex.
|
(2)
Separate Distances Between Towers.
(a)
Separation distances between towers shall be applicable for
and measured between the proposed tower and preexisting towers. The
separation distances shall be measured by drawing or following a straight
line between the base of the existing tower and the proposed base,
pursuant to a site plan, of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in Table 2.
|
TABLE 2
| |||||
|---|---|---|---|---|---|
|
Existing Towers; Types
| |||||
|
Lattice
|
Guyed
|
Monopole 75 feet in height or greater
|
Monopole less than 75 feet in height
| ||
|
Lattice
|
9,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
| |
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
| |
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
| |
F.
Security Fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anti-climbing device; provided, however, that the Zoning Hearing Board
may waive such requirements, as it deems appropriate.
G.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that the Zoning Hearing Board may waive such requirements
if the goals of this Part would be better served thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four feet wide outside the perimeter
of the compound.
(2)
In locations where the visual impact of the tower would be minimal,
the landscaping requirements may be reduced or waived.
(3)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
[Ord. 670, 12/12/2007]
1.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure in association with antennas shall comply with the following:
A.
The cabinet or structure shall not contain more than 10 square feet
of gross floor area or be more than eight feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 10 square feet of
gross floor area or eight 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 1% of the roof area.
C.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
2.
All Other Legally Placed Antennas. For all other legally placed antennas,
the related unmanned equipment cabinet or structure shall comply with
all applicable building codes and shall contain no more than 16 square
feet of gross floor area not more than 12 feet in height and may be
located:
A.
In a front or side yard, provided the cabinet or structure is no
greater than six feet in height or 16 square feet of gross floor area
and the cabinet/structures is located a minimum of five feet from
all lot lines. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of at least 60 inches — 66 inches
and a planted height of at least 36 inches.
B.
In a rear yard, provided the cabinet or structure is no greater than
six feet in height or 16 square feet in gross floor area. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of
eight feet and a planted height of at least 36 inches.
[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.
[Ord. 670, 12/12/2007]
1.
No Expansion of Nonconforming Use. Towers that are constructed and
antennas that are installed in accordance with the provisions of this
Part shall not be deemed to constitute the expansion of a nonconforming
use or structure.
2.
Preexisting Towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other routine
maintenance on a preexisting tower shall comply with the requirements
of this Part.
3.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding § 27-1508, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in § 27-1806, Subsection 2D and E. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. 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 as specified in § 27-1508.
