[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 8-13-1998 by Ord. No. 450 (Ch. 13, Part 4, of the 1973 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 475.
A.
The purpose of this chapter is to establish general guidelines for
the setting of communications towers and antennas. The goals of this
chapter are to:
(1)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas.
(2)
Encourage the location of towers in nonresidential areas.
(3)
Minimize the total number of towers throughout the community.
(4)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than the construction of additional single-use
towers.
(5)
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact of the community is minimal.
(6)
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of towers and antennas through
careful design, setting, landscape screening and innovative camouflage
techniques.
(7)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently.
(8)
Consider the public safety of communications towers.
(9)
Minimize potential damage of adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Kenhorst shall give
due consideration to the Zoning Map, existing land uses and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
As used in this chapter, 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 telecommunications
signals or other communication signals.
The lines that connect a provider's tower's/cell
sites to one or more cellular telephone switching offices and/or long-distance
providers, or the public switched telephone network.
An unnamed building or cabinet containing communications
equipment required for operation of communications antennas and covering
an area on the ground not greater than 25 square feet.
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 base 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
this chapter, including permitted towers or antennas that have not
yet been constructed, so long as such approval is current and not
expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio or similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and telephone 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.
A.
Principal or accessory use. Antennas or 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.
B.
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with district development 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.
C.
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of its existing
towers, antennas or sites approved for towers and antennas that are
either within the jurisdiction of the Borough of Kenhorst or within
one mile of the border thereof, including specific information about
the location, height and design of each tower. The Zoning Officer
may share such information with other applicants applying for administrative
approvals or special use permits under this chapter, or other organizations
seeking to locate antennas within the jurisdiction of the Borough
of Kenhorst; 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.
D.
Aesthetics. 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 FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, screening and
landscaping that will blend them into the natural setting and surrounding
buildings.
(3)
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 structures so as to make the antenna and
related equipment as visually unobtrusive as possible.
E.
Lighting. Towers shall not be artificially lighted unless required
by the FAA, the Borough of Kenhorst or other applicable authority.
If lighting is required, the lighting alternatives and design chosen
will be specified by the Borough of Kenhorst and conform to FAA regulations.
F.
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 and federal government with authority to regulate towers
and antennas. If such standards and regulations are changed, then
the owners of the towers and antennas governed by this chapter shall
bring such towers and antennas into compliance with such revised 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.
G.
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 for towers that are published by the
Electronic Industries Association, as amended from time to time. If,
upon inspection, the Borough of Kenhorst 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.
H.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough of Kenhorst irrespective of municipal and county jurisdiction
boundaries.
I.
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this chapter and shall not be regulated or permitted
as essential services, public utilities or private utilities.
J.
Franchises. 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 Borough of Kenhorst have been obtained
and shall file a copy of all required franchises with the Zoning Officer.
K.
Public notice. For purposes of this chapter, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and property owners of properties that are located within the corresponding separation distance listed in § 424-7B(5)(b), Table 2, in addition to any notice otherwise required by this chapter.
L.
Signs. No signs shall be allowed on an antenna or tower, except where
required by law or approved by the Borough of Kenhorst.
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 424-8.
N.
Multiple antenna/tower plan. The Borough of Kenhorst encourages the
users of towers and antennas to submit a single application for approval
of multiple towers on one site within an approved zoning district.
O.
Fall zone. The fall zone is the area within which there is a potential
hazard from falling debris on the collapsing of the communications
tower. The fall zone shall be determined by the applicant's engineer
and reviewed by the Borough's Engineer in accordance with latest
applicable codes.
A.
General. The uses listed in this section are deemed to be permitted
in the following zoning district only: C-2 (Shopping Center Commercial
District), located on the northeast corner of SR 0625 (New Holland
Road) and SR 0724 (Philadelphia Avenue), and shall require a conditional
use permit.
A.
General. The following provisions shall govern the issuance of administrative
approvals for towers and antennas:
(1)
The Zoning Officer may administratively approve the uses listed in
this section only after a conditional use has been granted.
(2)
Each applicant for administrative approval shall apply to the Zoning Officer, providing the information set forth in § 424-7B(1) and (3) of this chapter and a nonrefundable fee, as established by resolution of Borough Council, to reimburse the Borough of Kenhorst for the costs of reviewing the application.
(4)
The Zoning Officer shall respond to each such application within
60 days after receiving it by either approving or denying the application.
If the Zoning Officer fails to respond to the applicant within said
60 days, then the application shall be deemed approved.
(6)
In connection with any such administrative approval, the Zoning Officer
may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower or monopole construction.
B.
List of administratively approved uses. The following uses may be
approved by the Zoning Officer after conducting administrative review:
(1)
Location of a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with said
tower or antenna, in the C-2 District, located on the northeast corner
of SR 0625 (New Holland Road) and SR 0724 (Philadelphia Avenue).[1]
(2)
Locating antennas on existing structures or towers consistent with the terms of Subsection B(2)(a) and (b), below.
(a)
Antennas on existing structures. 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:
(b)
Antenna on existing towers. An antenna which is attached to
an existing tower may be approved by the Zoning Officer 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 co-location is accomplished in a manner consistent
with the following:
[1]
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower, unless the Zoning Officer allows reconstruction
as a monopole.
[2]
(3)
A new tower may be located in the C-2 Zoning District; provided, a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Officer concludes the tower is in conformity and with the goals set forth in § 424-1 and the requirements of § 424-4; and the tower meets the setback requirements in § 424-7B(4) and separation distances in § 424-7B(5); and the tower meets the following height and usage criteria:
(4)
Locating any alternate tower structure in a C-2 Zoning District that, in the judgment of the Zoning Officer, is in conformity with the goals set forth in § 424-1 of this chapter.
(5)
Installing a cable microcell network through the use of multiple
low-powered transmitters/receivers attached to existing wireless systems,
such as conventional cable or telephone wires, or similar technology
that does not require the use of towers.
B.
Towers.
(1)
Information required. Applicants for a conditional use permit for
a tower shall submit the following information:
(a)
A scale 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), master plan classification of the site and all properties within the applicable separation distance set forth in § 424-7B(5), 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 Officer to be necessary to assess compliance with this chapter.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 424-4C 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.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other tower sites
owned and operated by the applicant in the Township.
(j)
The applicant shall demonstrate:
[1]
That it is licensed by the FCC to operate a communications tower,
if applicable, and communication antennas;
[2]
Documentation from the FAA approving towers exceeding 200 feet;
[3]
Insurance certificate evidencing general liability; and
[4]
All federal standards regarding human exposure to electromagnetic
radiation have been met.
(k)
The applicant shall submit proof that the Reading Airport, as
well as all other small airports within a five-mile radius, have been
notified of the tower installation.
(l)
The applicant shall submit a copy of its current Federal Communications
Commission licenses, name, address and emergency telephone number
for the operator of the communications tower and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower,
communications antenna and the communications equipment building.
(2)
Factors considered in granting conditional use for towers. The Borough
of Kenhorst shall consider the following factors in determining whether
to issue a conditional use permit:
(a)
Height of proposed tower.
(b)
Proximity of the tower to residential structures and residential
district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of towers or structures
as discussed in § 407-7B(3) of this chapter.
(3)
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 Borough Council 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 Borough
Council 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:[2]
(a)
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not 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 antenna(s) on the existing towers or structures,
or the antenna(s) 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 limiting factors that
render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as cable microcell
network using multiple low powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall apply to all towers
for which a conditional use permit is required; provided, however,
that the Borough Council may reduce the standard setback requirements
if the goals of this chapter would be better served thereby:
(a)
Guys and accessory buildings must satisfy the minimum zoning
setback requirements.
(5)
Separation. The following separation requirements shall apply to
all towers and antennas for which a conditional use permit is required;
provided, however, that the Borough Council may reduce the standard
separation requirements if the goals of this chapter would be better
served.
(a)
Separation from off-site uses/designated areas.
[1]
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 1.
[2]
Separation requirements for towers shall comply with the minimum
standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Uses/Designated Area
|
Separation Distance
(feet)
| |
|
Single-family or duplex residential units
|
200
| |
|
Vacant single-family or semidetached residentially zoned land
which is either platted or has preliminary subdivision plan approval
which is not expired
|
200
| |
|
Vacant unplatted residentially zoned lands
|
100
| |
|
Existing multifamily residential units greater than semidetached
units
|
100
| |
|
Nonresidentially zoned lands or nonresidential uses
|
None: only setbacks apply
| |
(b)
Separation distances between towers. Separation distance between
towers shall be applicable for and measured between the proposed tower
and existing 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 the site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
|
Table 2
| |||||
|---|---|---|---|---|---|
|
Existing Towers - Type
| |||||
|
Lattice
|
Guyed
|
Monopole 75 feet in Height or Greater
|
Monopole Less Than 75 feet in Height
| ||
|
Lattice
|
2,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
2,000
|
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
| |
(6)
Security fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anticlimbing device; provided, however, that the Borough Council may
waive such requirements, as it deems appropriate.
(7)
Landscaping The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required;
provided, however, that the Borough Council may waive such requirements
if the goals of this chapter would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view year round of the tower
compound from the property used for residencies. The standard buffer
shall consist of a landscaped strip at least four feet wide outside
the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
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 on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
A.
Antenna mounted on structures or rooftops. The equipment or structure
used in association with antennas shall comply with the following:
(1)
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.
(2)
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.
(3)
Equipment storage buildings or cabinets shall comply with applicable
building codes.
B.
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, provided a conditional permit is granted:
(1)
The equipment cabinet or structure shall be no greater than 10 feet
in height or 100 square feet in 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 height of at least eight feet
and a planted height of at least 36 inches.
C.
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.
Upon issuance of the permit by the Borough to operate the communication
tower, applicant shall submit quarterly inspection reports as evidence
the communication tower is in operation. If the tower and/or antenna
remains unused for a period of 12 consecutive months, the owner or
operator shall dismantle and remove the tower and/or antenna within
six months of notice to do so by the Borough. Further, the owner or
operator of the tower and/or antenna shall post security in a form
acceptable to the Borough in an amount to cover tower and/or antenna
removal and site cleanup. The security shall be utilized by the Borough
in the event that the owner or operator of the tower and/or antenna
fails to remove the tower and/or antenna within six months of notification
by the municipality.
A.
Nonexpansion of nonconforming use. Towers that are constructed and
antennas that are installed in accordance with the provisions of this
chapter shall not be deemed to constitute the expansion of a nonconforming
use or structure.
B.
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 than
routine maintenance on a preexisting tower shall be required to comply
with the requirements of this chapter.[1]
C.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 424-9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 424-7B(4) and (5). 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 as specified in § 424-9.
