Township of Lower Gwynedd, PA Chapter 1295 Wireless Telecommunications Towers, Antennas and Overlay District

STATUTORY REFERENCES

Power to adopt and enforce zoning ordinances — See 53 P.S. § 66517.

General provisions and definitions — See 53 P.S. § 10101 et seq.

GENERAL REFERENCES

General provisions and definitions — See Ch. 1298.

§ 1295.01 Purpose.

[Ord. 360. Passed 5-24-1999]

(a) The purpose of this chapter is to establish general guidelines and regulations for the siting of wireless telecommunications towers and antennas. The goals of this chapter are to:

(1) Provide procedures and guidelines for the location, placement and construction of wireless communications facilities in the Township.

(2) Provide clear performance standards and requirements addressing the siting of wireless communications facilities.

(3) Encourage the location of wireless communication facilities on existing structures, including telephone poles, utility poles, signs, water towers, buildings and other wireless communication facilities to the extent feasible.

(4) Enhance the ability of providers of telecommunication services to provide such services to the community in a safe, effective and efficient manner.

(5) To effect collocation and site sharing of new and existing wireless communication facilities.

§ 1295.02 Definitions.

[Ord. 360. Passed 5-24-1999]

As used in this chapter, the following terms shall have the meanings set forth below:

(a) Antenna array. "Antenna array" means one or more rods, panels, disks or similar devices used to radiate or capture a transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequency signals, wireless telecommunications signals or other communications signals which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disk). The antenna array does not include the support structure defined below.

(b) Applicant. "Applicant" means any person that applies for a wireless communication facility building permit, zoning approval and/or conditional use approval.

(c) Attached wireless communication facility. "Attached wireless communication facility" means a wireless communication facility some component of which is attached to an attachment structure.

(d) Attachment structure. "Attachment structure" means a building or existing structure which is 35 or more feet in height and is suitable for the support of a wireless communication facility, but which has been designed and constructed for another purpose. Such existing structures shall include, but not be limited to, telephone poles, utility poles, high-tension power line towers, signs, water towers and municipally owned towers.

(e) Equipment facility. "Equipment facility" means any structure or enclosure used to contain ancillary equipment as a component of a wireless communication facility, including a building, cabinet, shelter a build-out of an existing structure or a pedestal.

(f) FAA. "FAA" means the Federal Aviation Administration.

(g) FCC. "FCC" means the Federal Communications Commission.

(h) Height. "Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel (immediately adjacent to the tower or structure) to the highest point on the tower or other structure, including the base pad and any antenna.

(i) Microfacility. "Microfacility" means a wireless communication facility consisting of an equipment facility capable of being mounted onto the attachment or support structure of an antenna that is either:

(1) No more than five feet in height with a face area of not more than 580 square inches; or

(2) If a tubular antenna, no more than four inches in diameter and no more than seven feet in length.

(j) Stealth. "Stealth" means any wireless communication facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened and/or landscaped antenna arrays and equipment facilities and support structures designed to look other than like a support structure such as a light pole, a power pole a component of a building or a tree.

(k) Replacement attachment structure. "Replacement Attachment Structure" means the replacement of a telephone pole in a public right-of-way proposed to be used as an attachment structure which shall be of the same material (i.e., wood or metal) as the pole it replaces; shall be installed in the same location as the pole it replaces; and which shall be no more than 10 feet higher than the pole it replaces, including any attached wireless communications facility.

(l) Support structure. "Support structure" means a structure designed and constructed to support an antenna array or microfacility and may include a utility pole, a monopole, self-supporting (lattice) or guy-wire support tower and other similar structures.

(m) Wireless communication service. "Wireless communication service" means any personal wireless service as defined by the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications service (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may be developed.

(n) Wireless communication facility. "Wireless communication facility" means any unstaffed facility for the transmission and/or reception of wireless communication services, usually consisting of an antenna array or microfacility, connection cables, equipment facility and a support structure or attachment structure to achieve the necessary elevation.

§ 1295.03 Applicability.

[Ord. 360. Passed 5-24-1999]

(a) New Support Structures and Wireless Communication Facilities. All support structures, attachment structures and wireless communication facilities in the Township, not in existence on the effective date of this chapter, shall be subject to these regulations, except as provided in Subsections 1295.03(b) and (c) below.

(b) Amateur Radio Station Operators/Receive-Only Antennas. This chapter shall not govern any support structure, or the installation of any antenna array, that is under 20 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(c) Preexisting Support Structures and Wireless Communication Facilities. Except with regard to additions or substantial modifications, preexisting support structures and preexisting wireless communication facilities consisting of those in existence prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, other than the requirements of Subsections 1295.04 (f), (g), (h), (l), (m) and (n) below.

§ 1295.04 General requirements.

[Ord. 360. Passed 5-24-1999]

(a) Principal or Accessory Use. Wireless communication facilities and support structures may be considered either principal or accessory uses depending upon the existence of other uses on a property. A different existing use of an existing structure on the same lot shall not preclude the installation of a wireless communication facility or support structure on such lot consistent with the requirements of this chapter.

(b) Land Development Approval. Wireless communication facilities and support structures shall receive land development approval or a waiver of same prior to issuance of a building permit.

(c) Lot Size. For purposes of determining whether the installation of a wireless communication facility or support structure complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements and other such dimensional requirements, the dimensions of the entire lot shall control, even though the wireless communication facility or support structure may be located on a leased parcel within such lot.

(d) Inventory of Existing Sites. Each applicant for a wireless communication facility and/or support structure shall provide to the Zoning Officer an inventory of its existing support structures, wireless communication facilities and sites and applications pending for its support structures, wireless communication facilities and sites 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 support structure. The Zoning Officer may share such information with other applicants applying for approval or permits under this chapter or other organizations seeking to locate wireless communication facilities within the jurisdiction of the Township; 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 for such use.

(e) Appearance Criteria. Wireless communication facilities and support structures shall meet the following requirements:

(1) Support structures shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color or colors (preapproved by the Township) so as to reduce visual obtrusiveness.

(2) At the site of a support structure, the design of the buildings and related structures shall, to the extent reasonably feasible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

(3) At the site of an attached wireless communication facility, the antenna array, microfacility and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the attachment structure so as to make the antenna array, microfacility and related equipment as visually unobtrusive as possible.

(f) Lighting. Support structures shall not be artificially lighted, unless required by the FAA or other applicable governmental authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(g) State and Federal Requirements. All support structures must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate support structures, antenna arrays and microfacilities. If such standards and regulations are changed, then the owners of the support structures, antenna arrays and microfacilities governed by this chapter shall bring such support structures, antenna arrays and microfacilities 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 support structures, antenna arrays and microfacilities into compliance with such revised standards and regulations shall constitute a violation of this chapter and shall constitute grounds for the removal of the support structure, antenna array or microfacility at the owner's expense.

(h) Building Codes; Safety Standard. To ensure structural integrity of support structures, the owner of a support structure shall ensure that it is maintained in compliance with standards contained in any applicable federal, state or local building codes and the applicable standards for support structures that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township concludes that a support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the support structure, the owner shall have 30 days to bring such support structure into compliance with such standards. Failure to bring such support structure into compliance within said 30 days shall constitute grounds for requiring the removal of the support structure and associated wireless communications facility at the owner's expense.

(i) Measurement. For purposes of measurement, support structure setbacks and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdictional boundaries.

(j) Nonessential services. Support structures and wireless communication facilities shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.

(k) Franchises. Owners and/or operators of support structures, attachment structures and wireless communication facilities shall certify that all franchises (if any) required by law for the construction and/or operation of a wireless communication facility in the Township have been obtained and shall file a copy of all required franchises with the Zoning Officer.

(l) Signs. No signs shall be allowed on a support structure, antenna array or microfacility.

(m) Buildings and Support Equipment. Buildings and support equipment associated with wireless communication facilities shall comply with all applicable requirements of this Code and this chapter.

(n) Multiple Wireless Communications Facilities On Single Site. The Township encourages the users of support structures and wireless communications facilities to submit a single application for approval of multiple antenna array sites and microfacility sites on a single support structure. Applications for approval of multiple sites on a single support structure shall be given priority in the review process.

§ 1295.05 Wireless communications facilities; permitted locations; standards and criteria.

[Ord. 360. Passed 5-24-1999]

(a) Within the Wireless Communications Facilities Overlay District.

(1) Creation of Overlay Districts. The Wireless Communications Facilities Overlay Districts shall consist of two distinct zones: a structure zone where new support structures, existing attachment structures and replacement attachment structures may be utilized and an attachment zone where only existing attachment structures and replacement attachment structures may be utilized. Both zones shall apply as mapped overlays on the Official Township Zoning Map. The wireless communications facilities permitted within each district shall consist of the conditional uses set forth below. Conditional uses shall be permitted only when authorized by the Board of Supervisors upon the grant of a written conditional use order, after public notice and a hearing, in compliance with the standards and criteria set forth in this section as well as the general standards for conditional uses set forth in Section 1298.07 of the Zoning Code.

(2) Permitted Uses Within the Overlay District, Structure and Attachment Zones: The following uses are permitted in the Wireless Communications Facilities Overlay District, Structure and Attachment Zones:

[Added 1-26-2010 by Ord. No. 470[1]]

A. The use of an attachment structure that supports an existing wireless communication facility or an existing support structure to attach an antenna array, provided that the attached antenna array is not in excess of 10 feet over the height of the existing attachment structure and the combined height of the existing support structure and the proposed antenna array does not exceed 120 feet.

[1] Editor’s Note: This ordinance also renumbered former Paragraphs (a)(2) and (3) as Paragraphs (a)(3) and (4), respectively.

(3) Conditional Uses Within the Overlay District, Structure Zone. The following uses are permitted by conditional use in the Wireless Communications Facilities Overlay District Structure Zone:

A. The erection, construction, installation or use of a new support structure, with an antenna array or microfacility which, when combined, shall not be more than 120 feet in height and which is erected, constructed, installed or used on those specific lands designated by the Board of Supervisors on the Official Township Zoning Map, which may be amended from time to time.

1. The applicant shall demonstrate to the reasonable satisfaction of the Township or its consultants that the wireless communication facility with support structure is the minimum height required to function within the applicant's communications grid system. No such facility that is taller than such functional minimum height shall be entitled to receive a building permit except to facilitate collocation.

2. The measurement of height for the purpose of determining compliance with these requirements shall be from grade and shall include the support structure itself, the base pad, any facilities, antenna arrays, microfacilities and beacons attached thereto.

B. (Reserved)[2]

[2] Editor’s Note: Former Paragraph B, which provided for use of an attachment structure, was repealed 1-26-2010 by Ord. No. 470.

C. (Reserved)[3]

[3] Editor’s Note: Former Paragraph C, which provided for use of a replacement attachment structure, was repealed 1-26-2010 by Ord. No. 470.

D. Where the Wireless Communications Facilities Overlay District Attachment Zone, primarily encompasses the right-of-way of a public road, railroad or electrical utility, the erection of a new support structure or attachment structure (except a replacement attachment structure as herein defined) shall not be permitted if there is any possible attachment structure already existing in the right-of-way location. It is the specific intention of the Wireless Communications Facilities Overlay District within such right-of-way locations that wireless communications facilities shall be attached to existing attachment structures (or replacement structures in the same location) within such rights-of-way such as telephone poles, utility poles or utility towers subject to all the other regulations of this chapter. For purposes of this chapter, a nonresidential attachment structure may be located within a residential zoning district.

(4) Conditional Uses Within the Overlay District, Attachment Zone.

A. Designation of the Wireless Communications Facilities District, Attachment Zone. The Wireless Communications Facilities District, Attachment Zone, shall consist of those areas designated or mapped on the Official Lower Gwynedd Township Zoning Map as well as all areas within the D-1 and F-1 Districts of the Township. Within the D-1 and F-1 Districts, no existing attachment structures may be utilized which are located within any public right-of-way.

B. Subject to all of the other regulations of this Code and this chapter and particularly the standards and criteria for conditional uses set forth in Paragraph (c) below, wireless communications facilities may be attached to existing, nonresidential attachment structures within the Wireless Communications Facilities Overlay District, Attachment Zone, defined in Subparagraph A above by conditional use.

C. Within the Wireless Communications Facilities Overlay District, Attachment Zone, a wireless communication facility may be erected by conditional use upon an attachment structure where the wireless communication facility is not in excess of 10 feet over the height of its attachment structure; the attachment structure is an existing structure located within the attachment zone; and the combined height of the existing attachment structure and the proposed wireless communications facility does not exceed 120 feet.

D. Within the Wireless Communications Facilities Overlay District, Attachment Zone, a wireless communication facility may be erected by conditional use upon a replacement attachment structure except within the right-of-way of any public road located within the D-1, F and F-1 Zoning Districts.

E. Special Regulations For Rooftop Installations: The following special regulations shall apply to the installation of wireless communications facilities on the rooftops of existing buildings within the Wireless Communications Facilities Overlay District, Attachment Zone:

[Added 6-22-2010 by Ord. No. 472]

1. No more than three separate wireless telecommunications providers shall be permitted to attach to any one building rooftop within the Attachment Zone.

2. Any building utilized for the rooftop attachment of a telecommunications facility shall be a minimum of 1,100 feet from any public road.

3. Any antenna array or equipment facility must be screened so it is not visible from any point on the ground within 500 feet of the building.

4. The height of any antenna array or equipment facility shall not exceed the height of the existing building by more than 20 feet (measured from the building parapet) and the entire height of any antenna array or equipment facility shall be screened from view in accordance with Subsection (a)(4)E3 above.

(b) Further Standards and Criteria for Conditional Uses. The requirements of the subsections below are the standards and criteria which shall be satisfied prior to approval of any permitted or conditional use:

(1) Height Restrictions.

A. General Standard for All Wireless Communications Facilities. Subject to the further restrictions of Subsection 1295.05(d)(1)B2, the maximum height of any wireless communications facility approved as a conditional use shall be 120 feet, except those otherwise restricted to a lesser height because of height restrictions applicable to attached wireless communications facilities.

B. Attached Wireless Communications Facilities.

1. Any antenna array or microfacility on any attachment structure must be more than 35 feet above ground on all sides of the structure and are prohibited on all structures 35 feet or less in height.

2. The height of the antenna array or microfacility may not exceed the height of the attachment structure by more than 10 feet.

3. If an antenna array or microfacility, or its appurtenances, extend above the primary roof of any attachment structure, they must be set back two feet from the edge of the primary roof for each one foot in height (to a maximum height of 10 feet) above the primary roof from which the antenna array or microfacility extends unless the antenna array or microfacility is appropriately screened from view through the use of panels, walls or other screening techniques approved by the Township. The setback requirements of this subsection shall not apply to an antenna array or microfacility which is mounted on the exterior of an attachment structure below the primary roof and which does not protrude more than 18 inches from the side of such attachment structure.

(2) Setbacks from Base of Support Structure. If a new support structure is constructed (as opposed to mounting or collocating a wireless communication facility on an existing support structure), the minimum distance between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:

A. No wireless communications facilities with support structure shall be permitted in residential zoning districts unless located within the Wireless Communications Facilities Overlay District.

B. All wireless communications facilities with support structure shall be set back from the lot line a minimum distance of 50 feet plus one foot for each additional foot in height of the support structure above 75 feet.

C. Setback requirements may be modified by the adoption of condition(s) if the Board of Supervisors finds that placement of a wireless communication facility with support structure in a particular location will reduce its visual impact (for example, if location adjacent to trees may provide a partial visual screen.)

(3) Support Structure Safety. The applicant shall demonstrate that the proposed wireless communication facility and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other hazards or radio frequency interference. All support structures shall be fitted with or protected by anticlimbing devices, as approved by the manufacturers.

(4) Stealth Design. Wireless communications facilities shall be of stealth design as required by the Township and must comply with the following standards relating to aesthetics, placement and colors:

A. Attached wireless communications facilities shall be designed so as to blend into the existing attachment structure to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communication facility and use of compatible or neutral colors.

B. Attached wireless communications facilities which have aesthetic impacts that are not able to be reasonably mitigated by placement and color solutions may be required to be screened in a reasonable and achievable manner.

C. Wireless communications facilities with support structure shall be designed so as to blend in with the existing surroundings to the extent feasible, including the use of compatible colors and disguised structures such as man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or support structures.

D. Equipment facilities shall, to the extent practical, use materials, colors and textures that blend in with the natural setting and built environment.

E. The applicant shall provide evidence satisfactory to the Board of Supervisors that the stealth design of the wireless communication facility effectively minimizes its visual impact and blends with its surroundings prior to the issuance of a building permit.

(5) Effort to Locate on Existing Structures. Before making application for any wireless communication facility to be located on a new support structure, the applicant shall demonstrate that a good faith effort was made to mount an antenna array or microfacility, whichever is applicable, on an existing structure. The applicant shall submit proof that it contacted the owners of tall structures within a one-mile radius of the site proposed, asked for permission to install the facility on those structures, offered market compensation to such owners and was denied. These structures would include smoke stacks, water towers, tall buildings, existing or proposed support structures of other cellular communications companies, high-tension power line towers, other communications towers (fire, police, etc.) and other tall structures.

(6) Plan. The applicant shall provide a plan for all wireless communications facilities showing the antenna array, microfacility (if applicable), support structure, building (or equipment facility), fencing, buffering, access and such other information as the Township may require to illustrate the relationship between the proposed facility and adjacent structures and property lines.

(7) Other Standards. Comply with all other standards of approval for all wireless communication facilities as set forth herein.

(c) Conditions for Conditional Uses. When granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. Such conditions and safeguards may include, but need not be limited to, conditions on height, stealth design, particular location on a lot, fencing and other measures that implement the purposes of this chapter.

§ 1295.06 Special standards applicable to wireless communications facilities.

[Ord. 360. Passed 5-24-1999]

(a) Fencing. A fence shall be required around a wireless communication facility with support structure and other equipment unless the wireless communication facility is mounted on an attachment structure. The fence shall be a maximum of eight feet in height and shall conform to any other applicable provisions of the Lower Gwynedd Township Code related to the erection of fences.

(b) Landscaping Plan. The applicant shall submit a planting plan with its application, preserving existing vegetation on and around the site to the greatest extent possible and screening the base of the tower, guy wire anchor locations, any cabinets or associated buildings (or equipment facilities) and any fencing.

(c) Collocation. In order to reasonably limit the number of wireless communication facilities with support structures in the community in the future, each proposed support structure shall be required, subject to consideration of overall height, design, cost sharing and fair market rental, to accommodate other users, including but not limited to other wireless communication service providers, police, fire and ambulance companies.

§ 1295.07 Equipment facility.

[Ord. 360, Passed 5-24-1999]

(a) Antenna Arrays and Microfacilities Mounted on Attachment Structures Such as Buildings. The equipment facility used in association with a wireless communication facility proposed to be located on a building shall comply with the following:

(1) The equipment facility shall not contain more than 64 square feet of gross floor area or, if proposed to be located on the roof of the building, shall not be more than four feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related equipment facility, if over 64 square feet of gross floor area or 4 feet in height, shall be located in the building.

(2) If the equipment facility is located on the roof of a building, the area of the equipment facility and other structures shall not occupy more than 15% of the roof area.

(3) An equipment facility may be located on the ground only if it is in compliance with regulations for accessory structures.

(4) An equipment facility shall comply with all applicable building codes.

(b) Antenna Arrays and Microfacilities Mounted on Attachment Structures Such as Telephone Poles, Utility Poles, Light Poles and Similar Structures. The equipment facility used in association with an attachment structure such as a telephone pole, utility pole, light pole, high-tension electrical tower and similar structures shall be located in accordance with the following:

(1) In residential districts, an equipment facility:

A. May be located in a side yard, provided that the equipment facility is no greater than four feet in height and 64 square feet of gross floor area and the equipment facility is located a minimum of 10 feet from all lot lines. The equipment facility shall be screened by an evergreen hedge or trees with a planted height of at least 48 inches.

B. May be located in the rear yard, provided that the equipment facility is no greater than six feet in height or 100 square feet in gross floor area. The equipment facility shall be screened by an evergreen hedge or tree with an ultimate height of eight feet and a planted height of at least 48 inches.

C. Is prohibited in the front yard unless such equipment facility is small enough to be attached to the same telephone pole, utility pole, light pole or similar structure on which the antenna array or microfacility has been attached. Such equipment facility shall have a height no greater than four feet and a width no greater than two feet and shall be constructed and painted so as to be as visually unobtrusive as possible.

(2) In commercial, industrial and all other nonresidential districts the equipment facility associated with a permitted attachment structure shall be no greater than eight feet in height or 144 square feet in gross floor area. The equipment facility shall be screened by an evergreen hedge or evergreen trees with an ultimate height of no less than eight feet and a planted height of at least 60 inches. In all cases, the equipment facility shall be screened from the view of all residential properties which abut or are located directly across the street from the equipment facility by a solid fence or an evergreen hedge with an installed or a planted height of at least the height of the equipment facility.

(3) In all zoning districts, all cables, wires or lines from the support structure or attachment to the equipment facility shall be located underground unless the equipment facility is mounted on the support or attachment structure consistent with the regulations of this chapter.

(c) Wireless Communication Facilities with Support Structures. The equipment facility for a wireless communication facility with support structure shall not contain more than 250 square feet of gross floor area or be more than eight feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located and shall be screened in accordance with the standards of Section 1295.06 and any other applicable landscaping or buffering provisions of this Code.

(d) Modification of Building Size Requirements. The requirements of Subsections (a) through (c) above may be modified by the Board of Supervisors during the conditional use process as may be proven reasonably necessary to encourage collocation.

§ 1295.08 Removal of abandoned antennas and towers.

[Ord. 360. Passed 5-24-1999]

Any antenna array, microfacility or support structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the lot where such facilities are located as well as the owner of such antenna array, microfacility or support structure shall be required to remove the same within 90 days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna array, microfacility or support structure within said 90 days shall constitute a violation of this chapter. The offending antenna array, microfacility or support structures shall, upon the issuance of injunctive relief, be removed, and the costs of such removal shall be entered as a lien upon the property at the owner's expense. If there are two or more users of a single support structure, then this provision shall not become effective until all users cease using the antenna array, microfacility or support structure.

§ 1295.09 Nonconforming uses.

[Ord. 360. Passed 5-24-1999]

(a) No Expansion of Nonconforming Use. Antenna arrays, microfacilities and any other wireless communication facilities which are installed or attached to existing structures in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure but shall rather comply with all the requirements for a separate and distinct use under the provisions of the Township Zoning, Subdivision and Land Development Ordinances.

(b) Preexisting Support Structures. Preexisting, nonconforming support structures shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new support structure of like construction and height) shall be permitted on such preexisting support structures. New construction other than routine maintenance on a preexisting support structure shall comply with the requirements of this chapter.

(c) Rebuilding Damaged or Destroyed Nonconforming Support Structures, Antenna Arrays or Microfacilities. Notwithstanding Section 1295.09(b), bona fide nonconforming support structures, antenna arrays or microfacilities that are damaged or destroyed may be rebuilt without having to first obtain a new, conditional use approval. The type, height and specific location of the rebuilt support structure, antenna array and microfacility on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with then applicable building codes and shall be obtained within 120 days from the date the facility is damaged, or, if no permit is obtained or if said permit expires, the support structure, antenna array or microfacility shall be deemed abandoned as specified in Section 1295.08.

§ 1295.10 Prohibited uses.

[Ord. 360. Passed 5-24-1999]

(a) All uses ancillary to a wireless communication facility (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the wireless communication facility site unless otherwise permitted in the zoning district in which the wireless communication facility site is located.

§ 1295.11 Modification of and/or variances from chapter requirements.

[Ord. 360. Passed 5-24-1999]

(a) Variances from the design, dimensional and appearance criteria of this chapter may be granted by the Board of Supervisors during the conditional use process upon satisfactory demonstration of the same type of severe and unnecessary hardship as would be required for an applicant seeking a variance from the Lower Gwynedd Township Zoning Board.

(b) A request for a variance to permit the location of any wireless communications facility anywhere other than within the Wireless Communications Facilities Overlay District may be granted only by the Lower Gwynedd Township Zoning Hearing Board.

§ 1295.12 Conflicts.

[Ord. 360. Passed 5-24-1999]

(a) Where the provisions of this chapter are in conflict with the regulations of any underlying zoning district, the provisions of this chapter shall control.

§ 1295.13 Violations and penalties.

[Ord. 360. Passed 5-24-1999]

(a) Any person who shall erect, construct, reconstruct, alter, repair, convert, attach or maintain any wireless communication facility in violation of the terms of this chapter or who, being the owner or agent of the owner of any lot, tract or parcel of land, shall suffer or permit another to erect, construct, reconstruct, alter, repair, convert, attach or maintain any such facility shall be deemed to have violated the provisions hereof and shall be subject to a fine of up to $1,000 per day during the period such violation shall exist, collected as like fines or penalties are collected by law. Each day that a violation occurs shall constitute a separate violation.

(b) If any wireless communication facility is erected, constructed, reconstructed, altered, repaired, converted, attached or maintained in violation of this article or any regulations made pursuant hereto, an authorized official of the Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, attachment or use, to restrain, correct or abate such violation, to prevent the use of such facility and/or to prevent any illegal act, conduct, business or use in or about such facility.