Each and every lot shall abut a public street for at least 50
feet at the right-of-way line except for flag lots wherein there shall
be a minimum of 25 feet at the right-of-way line.
No lot shall be so reduced that the area of the lot, or the
dimensions of the required open spaces, shall be less than herein
prescribed by this chapter.
A.
Where a minimum depth of front yard is specified, an open space of
at least the specified depth shall be provided between the ultimate
street right-of-way line and the nearest point of any building or
structure, except as may be reduced as specified herein.
B.
Where an unimproved lot of record is situated on the same street
frontage with two improved lots or one unimproved and one improved
lot, the front yard requirement for that district may be modified
so that the front yard shall be an average of the existing and as
required front yard.
No portion of a building or structure shall be located within
the minimum required front, side or rear yard area specified by this
chapter except for driveways and those other projections as provided
herein.
A.
An unenclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear year more than 1/2 the required depth of said yard.
B.
A terrace, platform, stoop or landing, not covered by a roof, canopy
or trellis, which does not extend above the level of the first floor
of the building, may be erected to extend into a required yard a distance
of not more than 12 feet provided that it shall not extend into such
yard more than 40% of the required depth or width of the yard.
C.
A porte-cochere or carport may be erected over a driveway in a required
side yard, provided that such structure is:
(1)
Not more than 14 feet in height, and does not extend in length
beyond the portion of the building or structure to which it is attached.
(2)
Entirely open on at least three sides, exclusive of the necessary
supporting columns and customary architectural features.
(3)
At least three feet from the side lot line in Zoning Districts
R-50 and R-125, 20 feet in Zoning Districts R-175 and R-180, 35 feet
in the R-200 Zoning District.
[Amended 6-8-2011 by Ord. No. 11-03]
D.
A buttress, chimney, cornice, pier, or pilaster of a building may
project not more than 18 inches into a required yard.
E.
Open and unenclosed fire escapes, steps, bay windows and balconies
may project not more than three feet into a required yard.
A.
Fences and walls shall not be higher than three feet in front yard
areas or higher than six feet in side or rear yard areas unless as
otherwise specified by this chapter. For lots located within residential
districts, a fence not exceeding four feet in height, with a minimum
open area to solid area ratio of 2.5:1 shall be permitted in front
yard areas contingent upon the fence not interfering with or obstructing
vehicular or pedestrian vision at any intersection or along an abutting
street and/or crosswalk. Chain-link fence with wire (or other durable
material) which is interwoven or welded in such a way as to create
a rectangular or “diamond” pattern shall not be permitted
in front yard areas. Welded wire fabric shall be permitted in front
yard areas when installed against a post and rail or split rail fence.
[Amended 1-22-2014 by Ord. No. 14-01]
B.
No fence or wall, except a retaining wall, or a wall of a building
permitted under the terms of this chapter, over six feet in height,
shall be erected within any of the open spaces required by this chapter
unless that portion of the fence or wall which exceeds six feet in
height has a ratio of open area to solid area of at least 4:1. The
Zoning Hearing Board may authorize the erection of walls or fences
of greater height in such cases as may be necessary to provide adequate
protection, shielding, or screening of open storage or equipment areas,
when said use is permitted within a specific zoning district.
C.
No fence or wall shall be placed within an easement, retention or detention basin facility or within the ultimate right-of-way of any street. Fences to be placed in easements shall require written consent of the owner of the easement in accordance with § 153-619.
[Amended 8-26-2020 by Ord. No. 20-04]
[Amended 5-22-2013 by Ord. No. 13-04]
A.
In the
case of a corner lot as defined herein, all yards abutting a street
shall be treated as front yards with respect to all regulations contained
in this chapter, and one of any remaining yards on such lots shall
be treated as a rear yard, with any other yard or yards being treated
as side yards.
B.
In the
case of a through lot as defined herein, any yard that abuts a street
classified as a local access street as defined within the Towamencin
Township Subdivision and Land Development Ordinance[1] shall be treated as a front yard with respect to all
regulations contained in this chapter. The remaining yard abutting
a street classified as a feeder street, collector street, controlled
access street or arterial highway as defined within the Towamencin
Township Subdivision and Land Development Ordinance shall be treated
as a rear yard with respect to all regulations pertaining to residential
accessory structures contained in this chapter. Any remaining yards
on such lots shall be treated as side yards with respect to all regulations
contained in this chapter.
[Amended 12-17-2003 by Ord. No. 03-09; 8-8-2007 by Ord. No. 07-05]
A.
Flag lots are those which have access to a public or private road
by means of a strip of property connecting the flag portion of the
lot with the road.
B.
The following regulations shall apply to flag lots:
(1)
The pole of the flag which provides access to the roadway shall
be a minimum of 25 feet wide and shall be owned as part of the lot.
(2)
The pole of the flag shall not exceed 300 feet in length for
its entire length and shall be owned as part of the lot.
(3)
The said strip or pole connecting such lot to the road shall
be reasonably suited for the construction and use as a private lane
and emergency vehicle access, no building shall hereafter either be
erected within said lane nor altered therein so as to obstruct or
encroach into same and the lane shall have a vertical clearance of
14 feet above grade extending five feet from the edge of the paving.
(4)
The body of the lot, excluding the pole or strip which is owned
by the applicant and which connects the body of the lot to the roadway,
shall have an area of not less than the minimum lot area for a single-family
dwelling within the subject district as follows.
|
District
|
Lot Area
|
|---|---|
|
R-50
|
24,000 square feet (single-family detached dwellings only)
|
|
R-125
|
50,000 square feet
|
|
R-175
|
90,000 square feet (a)
|
|
R-175
|
45,000 square feet (b)
|
|
R-180
|
90,000 square feet (a)
|
|
R-180
|
60,000 square feet (b)
|
|
R-200
|
2 acres
|
|
NOTES:
|
|---|
|
(a) Lots where neither public water nor public sewer are provided,
or where only public water or public sewer, but not both is provided.
|
|
(b) For lots where public water and sewer are provided.
|
(5)
Only one such flag lot shall be permitted in a subdivision of
up to 10 lots; two flag lots shall be permitted in a subdivision of
11 to 20 lots; and up to 10% of the lots for any subdivision over
20.
(6)
No more than one tier of flag lots shall be permitted on a tract.
(7)
Poles of flag lots shall be located side-by-side. Each pole
shall share a common access point and driveway.
(8)
Such subdivision approval shall not in any way obligate or require
the Township to pave, repair, replace or maintain, improve or acquire
such access lane or pole for public road purposes or to provide snow
removal therefrom.
(9)
The front yard shall be considered the yard line closest to
the street of access.
[Amended 1-22-2014 by Ord. No. 14-01]
On any lot, no wall, fence, or other structure shall be erected,
altered or maintained and no hedge, tree, shrub or other growth shall
be planted or maintained which will interfere with or obstruct vehicular
or pedestrian vision at any intersection of streets or any street
and crosswalk.
Nothing herein shall be construed to render inoperative any
enforceable restrictions established by covenants running with the
land, and which restrictions are not prohibited by or are not contrary
to the regulations herein established.
All nonresidential and multifamily uses shall require, to the
satisfaction of the Zoning Officer, documented Pennsylvania Department
of Labor and Industry approval of all buildings to include, but not
necessarily be limited to, written documentation.
The provisions of this chapter shall not be so construed as
to limit or interfere with the construction, installation, operation
and maintenance of public utility structures, or facilities in existence
at the time of passage of this chapter, or which may hereafter be
located with public easements or rights-of-way designated for such
purposes. The location of any such construction not within a public
easement or right-of-way, however, unless specifically provided for
in this chapter, shall be subject to approval of the Zoning Hearing
Board, which shall give consideration to the effect of such constructions
or installations upon the public safety and the character of the adjacent
neighborhood.
Outdoor illumination in all districts shall be diffused or shielded
in such a manner as not to create any hazardous situations for passing
vehicular traffic or a nuisance to persons in the area. Lighting plans
shall provide for nonglare lights focused downward.
The following general nuisance standards shall apply to all
existing and proposed nonresidential uses and activities in the Township.
The applicant shall be required to prepare and submit a written statement
and proper analysis documenting compliance with all of the provisions
of this section. Said statement shall be prepared by a qualified professional.
The Township may retain, at the applicant's expense, expert and technical
consultants to review and comment on said statement, and if required,
the applicant shall address all issues and concerns raised as part
of that review to the satisfaction of the Zoning Officer and his technical
advisors. All expense associated with the preparation and review of
said statement shall be borne exclusively by the applicant at no cost
to the Township.
A.
Smoke, ash, dust, fumes, vapors, odors and gases.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors,
or gases which violate the Pennsylvania Air Pollution Control Laws
or other regulation of the Pennsylvania Department of Environmental
Resources or the U.S. Environmental Protection Agency.
(2)
There shall be no emission of odorous gases or other noxious
or odorous material in such quantities as to be detectable by the
unaided human senses beyond the subject lot. All industrial and commercial
processes that involve the creation or emission of any odorous gases
shall be provided with a secondary safeguard system, so that control
will be maintained in the event that the primary safeguard system
should fail.
(3)
The emission of dust, dirt, fly ash, fumes, vapors, gases or
smoke which can cause damage to the health of animals or vegetation,
or cause damage or cause soiling to persons or property beyond the
lot creating said emission is herein prohibited.
B.
Noise.
[Amended 2-12-2014 by Ord. No. 14-03]
(1)
At
no point on the boundary of a residential zoning district shall noise/sound
levels exceed 65 dB(A) during the daytime and 55 dB(A) during the
nighttime hours. These standards do not apply to the operation of
agricultural equipment or motor vehicles or other transportation facilities,
operations involved in the construction or demolition of structures,
or emergency alarm signals.
(2)
No
nonemergency noise from recording, loudspeakers, or public address
systems which interferes with the reasonable enjoyment of adjacent
or nearby residential properties shall be allowed, and no such noise
discernible beyond the subject property shall be permitted between
the hours of 11:00 p.m. and 8:00 a.m.
(3)
No
construction activity shall take place on any lot except between the
hours of 7:00 a.m. and 7:00 p.m., weekdays, and 8:00 a.m. and 6:00
p.m., Saturdays and holidays. No construction activity shall take
place on a Sunday.
C.
Vibration. No vibration which is discernible to the unaided sense
of feeling shall be permitted at any point beyond the subject property.
Normal and customary vibration from permitted construction activities
are not regulated under this section.
D.
Glare and heat. Any operation producing intense or harmful glare
or heat shall be performed within an enclosed building or behind a
solid fence or wall adequate to completely shield, and make such activity
completely imperceptible, beyond the subject property.
E.
Radioactivity or electrical disturbance. There shall be no activities
which emit dangerous or harmful radioactivity at any point. There
shall be no electrical disturbance adversely affecting the operation
at any point of any equipment other than that of the creator of such
disturbance. If any use is proposed which incorporates the use of
radioactive material, equipment, or supplies, such use shall be in
strict conformity with Title 25 of the Pennsylvania Department of
Environmental Resources Rules and Regulations.
F.
Outdoor storage and waste disposal.
(1)
All outdoor storage facilities for fuel, raw materials and products,
and all fuel, raw materials and products stored outdoors where permitted
by this chapter shall be enclosed by a fence or wall required for
adequate security and screening from adjacent properties. Storage
of flammable materials and fuels shall meet the standards of the National
Fire Protection Association and, if stored below ground, the standards
of the Department of Environmental Resources for underground storage
tanks. All underground storage tanks shall be registered with the
state pursuant to Pennsylvania state statutes. Outdoor storage facilities
shall be made aesthetically pleasing to the community. All such facilities
shall be landscaped. These standards do not apply to farm or residential
tanks of 1,100 gallons or less capacity used for noncommercial purposes.
(2)
No materials or wastes shall be deposited upon a lot in such
form or manner that may be transferred off the lot by natural causes
or forces. Dikes must be constructed around above ground liquid storage
facilities to preclude such transference in the event of failure of
the facility.
(3)
All materials or wastes which might cause flames or dust, or
which constitute a fire hazard, or which may be edible or otherwise
attractive to rodents or insects, shall be stored outdoors only in
enclosed containers adequate to eliminate such hazards and in accordance
with all state and federal regulations.
G.
Power supply. Every use requiring an on-site power supply shall be
so constructed and operated that the power supply and all appurtenance
thereto shall conform to the most acceptable safety requirements recognized
by the Pennsylvania Bureau of Labor and Industry, and shall be so
designed and located to be an integral part of the architectural features
of the associated land use, and if visible from abutting residential
properties shall be visually concealed by coniferous planting or other
suitable materials approved by the Township.
A.
No use shall be conducted in such a way as to discharge any untreated
sewage or industrial waste into any reservoir, lake, or watercourse
or discharge any untreated sewage or industrial waste into any stream.
All methods of industrial waste treatment and disposal shall be approved
by the Township, the Pennsylvania Department of Environmental Resources
and/or other regulatory agencies.
B.
All water requirements shall be stated in the application. In the
event that water is proposed to be supplied from wells for five or
more residential units or any nonresidential use, the applicant shall:
(1)
Furnish, to the satisfaction and approval of the Township, a
hydrogeologic study prepared and certificated by a professional geologist
that the underground water supply and levels will not be appreciably
altered in such a way as to significantly impact the water level and
supply of potentially affected properties.
All earthmoving activities must be in compliance with the regulations
of the Pennsylvania Department of Environmental Resources and the
Soil Conservation District regulations and must be undertaken in accordance
with a soil erosion and sedimentation control plan submitted for the
earthmoving activity which meets the standards set forth in the Township
Subdivision and Land Development Ordinance,[1] as last amended, this chapter, and other regulatory agency
requirements.
All public utility lines and similar facilities servicing any
proposed development shall be installed underground.
A.
All activities and uses established after the effective date of this
chapter shall comply with the following standards. Any site alterations,
grading, filling or clearing of vegetation shall be done only in accordance
with this section and when necessary in accordance with an approved
subdivision or land development plan in accordance with the Township
Subdivision and Land Development Ordinance, as last amended, and an
approved building permit.
B.
All applications for subdivisions and land developments shall include
maps delineating the following natural resources and said development
shall be subject to the protection standards for said resources as
defined herein:
(1)
Floodplain protection standards are provided in Chapter 82, Floodplain Management, of the Towamencin Township Code.
[Amended 3-23-2016 by Ord. No. 16-06]
(2)
Lakes and ponds protection standards. No development, filling,
or diverting shall be permitted in lakes or ponds or within lake/pond
margins except where used for farm irrigation purposes.
(a)
A margin area shall extend to a depth of 50 feet around the
shoreline of a pond or lake as defined by this chapter.
(3)
Wetlands protection standards. Wetlands shall not be altered,
regraded, developed, filled, piped, diverted, or built upon except
that roads may cross wetlands where approval is obtained from the
township by special exception of the Zoning Hearing Board and the
U.S. Army Corps of Engineers or, as applicable, the Pennsylvania Department
of Environmental Resources, and where no other access to the property
is available. The property owner/applicant shall identify wetlands
and where encroachment is anticipated shall obtain the applicable
state and federal permits. One hundred percent of these wetland areas
shall be protected.
(a)
Wetlands shall have a transitional area extending from the outer
limit of the wetland boundary for 50 feet. The wetland margin shall
not be altered, regraded, developed, filled, piped, diverted, or built
upon except that roads may cross wetland margins where approval is
obtained from the township by special exception of the Zoning Hearing
Board and the Pennsylvania Department of Environmental Resources and
where no other access to the property is available. The property owner/applicant
shall identify wetlands and where encroachment is anticipated shall
obtain the applicable state and federal permits. One hundred percent
of these wetland margins shall be protected.
(b)
Limited value wetlands, as determined by the U.S. Army Corps
of Engineers or, as applicable, the Pennsylvania Department of Environmental
Resources shall be exempt from these restrictions, subject to permit
restrictions of the state and federal regulatory agencies. Limited
value wetlands are those which are man-made and have been created
in drainage ditches and detention basins and which do not exhibit
wetland values of groundwater recharge, wildlife habitat, or serving
natural biological functions.
(4)
Streams and watercourses.
(a)
Streams and watercourses (any lake, pond, perennial or intermittent
stream shown on the U.S.G.S. map and/or identified by field survey)
shall be 100% protected and shall remain as open space.
(b)
The stream and watercourse margin shall be that area which extends
from the edge of the stream or watercourse to a distance of 50 feet
therefrom. The margin shall not be altered, regraded, developed, filled,
piped, diverted, or built upon except that roads may cross margins
where approval is obtained from the township by special exception
of the Zoning Hearing Board and the Pennsylvania Department of Environmental
Resources and where no other access to the property is available.
Stream bank stabilization is permitted when approved by the Township
Engineer. The applicant must obtain all required permits from the
Pennsylvania Department of Environmental Protection, the Montgomery
County Conservation District, the United States Army Corps of Engineers
and Towamencin Township.
[Amended 6-8-2011 by Ord. No. 11-04]
(5)
Steep slopes. It is the primary intent of this section to identify and mitigate certain hazards to the community's health, safety and welfare caused by development on slopes in excess of 15%, herein defined as steep slopes. Secondarily, it is intended to protect these environmentally sensitive areas pursuant to Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania which states that people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment.
(a)
The section is specifically intended to insure the following:
[1]
All structures will be located away from steep slopes on safe,
stable grounds away from possible landslide or erosion activities.
[2]
All roads and driveways will have safe and stable side slopes
or shoulders.
[3]
Development activities such as grading and stripping of vegetation
will be minimized on steep slopes to reduce accelerated stormwater
runoff and soil erosion of the slope, thereby preserving water quality.
[4]
Environmentally sensitive native wildlife habitats (such as
woodlands) located on steep slopes will be minimally affected by development.
[5]
The visual integrity of steep slopes areas will be maintained
throughout development.
(b)
Application of regulation to all districts. These regulations
shall apply to all districts on lands having any of the following
characteristics:
[1]
Slopes greater than 15% as determined by measurements by registered
professional engineers, surveyors, or landscape architects, using
accepted engineering practices.
[2]
Soil types classified as "stony land, steep" by that document
entitled Soil Survey of Montgomery County, Pennsylvania, prepared
by the United States Department of Agriculture, Soil Conservation
Service, dated April 1967, a copy of which is on file in the offices
of the Township.
[3]
Slopes greater than 15% as delineated on the maps made a part of the Soil Survey of Montgomery County, Pennsylvania, provided, however, that in the event of a conflict between topographic measurements prepared in accordance with Subsection B(5)(b)[1] above and the soils map, the measurements shall control.
(c)
No stripping of vegetation, grading, or construction of any
kind shall take place in steep slope areas except in conformance with
the following regulations:
[1]
All structures and other impervious surfaces shall be set back
25 feet from the top of steep slope areas. This twenty-five-foot setback
shall be covered in permanent vegetation in order to minimize the
effect of accelerated stormwater runoff on the steep slope and to
minimize the likelihood of tectonic action on the structure or surface.
[2]
Structures and impervious surfaces shall be set back a sufficient
distance from the bottom of steep slope areas to insure proper grading
and drainage around the structure or surface without encroachment
on the steep slope areas.
[3]
Underground utilities may cross steep slope areas given no other
reasonable alternative exists, as determined by the Township Engineer,
and grading and clearing will be kept to the minimum necessary. Any
steep slope areas disturbed in the construction of underground utilities
shall be regraded and revegetated to match previously existing conditions
immediately after construction.
[4]
Roads, driveways, and parking facilities may be permitted by
the Board of Supervisors as a conditional use, provided the following
conditions are met:
[a]
There is no other reasonable alternative to provide
access or parking outside steep slope areas.
[b]
The extent of the disturbance required for the
road, driveway, or parking facility is consistent with the intent
of this chapter.
[c]
The disturbance proposed is the minimum necessary
and all possible measures to reduce the amount of disturbance are
employed.
[d]
The steep slope area disturbed will be immediately
revegetated to a condition reasonably similar to previously existing
conditions.
[e]
No side grades created by the road or driveway
shall be greater than 25%.
(d)
Design standards in steep slope areas. Steep slope areas shall
be delineated in the field prior to any clearing or construction.
A temporary physical barrier such as a snow fence shall be erected
around steep slope areas prior to major clearing and construction.
The barrier shall be placed to prevent encroachment by construction
vehicles on the steep slope area and shall remain in place until construction
is completed. The steep slope area shall not be disturbed in any way
including the use of the area for refuse, fill, or top soil or materials,
storage, or any temporary uses during construction. Any accidentally
disrupted area shall be immediately returned to match the previously
existing condition (i.e., grades and vegetative cover).
(e)
Liability. Neither the approval of any proposed subdivision
or land development by any officer, employee or agency of the Township
of Towamencin, nor the grant of any subdivision approval by the Board
of Supervisors of the Township of Towamencin, shall constitute a representation,
guarantee or warranty of any kind of the Township of Towamencin or
by any of its officers, employees, agencies or members of its agencies
of the safety or practicality of the proposed subdivision and use,
and such approval or grant of approval shall not create any liability
on the part of the Township of Towamencin or its officers, employees,
agencies or members of its agencies.
(f)
Areas with restrictions due to steep slopes shall be left undisturbed
to the extent specified herein and not occupied by structures, driveways,
on-lot septic systems or other improvements.
(6)
Woodlands. Woodlands as defined by this chapter shall be subject
to the restrictions specified herein.
(a)
Mature trees with a circumference of 60 inches or greater measured
14 inches above ground shall be identified and preserved, unless the
Board of Supervisors agrees to a different disposition.
(7)
Tree protection area. The tree protection area refers to the
area around woodlands which are to be protected under the provisions
of this chapter. The purpose is to ensure that trees which are to
be protected do not suffer damage during the development. The tree
protection area is an area radial to the trunk of a tree and shall
be 15 feet from the trunk of the tree to be retained, or the distance
from the trunk to the drip-line (the line marking the outer edge of
the branches of the tree), whichever is greater. Where there is a
group of trees or woodlands, the tree protection area shall be an
area encompassing the protection areas for the individual trees.
[Amended 6-8-2011 by Ord. No. 11-11-04; 12-11-2013 by Ord. No.
13-08; 3-23-2016 by Ord. No. 16-06]
Regulations regarding the FP Floodplain Conservation District are provided within Chapter 82, Floodplain Management, of the Towamencin Township Code.
The following regulations shall apply to all antennas and satellite
dish antennas within all zoning districts in the Township:
A.
ANTENNA
SATELLITE DISH ANTENNA
For the purpose of this section, "antenna" and "satellite dish antenna"
shall have the following meanings:
An apparatus, external to or attached to the exterior of
a building, together with any supporting structure for sending or
receiving electromagnetic waves.
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as satellite earth stations,
TRVO's and microwave antennas.
B.
The height of an antenna or satellite dish antenna shall not exceed
15 feet if placed on the ground surface, which shall be the combined
height of the dish itself and any mounting apparatus. If placed on
a roof surface, in accordance with this chapter, the height shall
not exceed 10 feet above the peak of the existing roof line.
C.
The diameter of the antenna or satellite dish antenna shall not exceed
12 feet.
D.
No advertising shall be affixed to the antenna or satellite dish
antenna.
E.
In no event shall an antenna or satellite dish antenna be placed
in the front yard area, and there shall be only one antenna or satellite
dish antenna per lot, meaning a cumulative number of two of such antennas
and/or satellite dish antennas. Antennas and satellite dish antennas
may only be accessory structures.
F.
The antenna or satellite dish antenna shall be placed in a rear yard
only and the setback shall be in accordance with that provided in
the particular zoning district for accessory structures.
G.
In order to have an antenna or satellite dish antenna on the roof
or in a side yard, the applicant must demonstrate to the Board of
Supervisors that, due to the topography of the applicant's property,
and/or other reasons for inability to adequately receive or obtain
reception, the Board of Supervisors shall direct the granting of a
permit for such an installation.
H.
A building permit shall be required for the installation of antennas
or satellite dish antennas in any zoning district. The application
for such an installation shall be submitted to the Code Enforcement
Department of Towamencin Township and shall include, but not necessarily
be limited to, construction drawings showing the method of attachment
and installation, sealed structural engineering analyses regarding
the ability of the antenna to withstand wind shear, and a site plan
depicting structures and required setbacks for the installation of
the antenna or satellite dish antenna. The review of the Code Enforcement
Department shall be in accordance with the then existing building
code of Towamencin Township. In addition to the above, in the event
that the installation of the antenna is to be roof mounted, there
shall be an engineer's sealed certification regarding the safety of
a proposed rooftop mounting. The certification shall demonstrate that
the roof has the appropriate load bearing facilities to sustain the
mounting of the structure.
I.
If an antenna or satellite dish antenna is to be greater than 15
feet in height or greater than 10 feet above the peak of an existing
roof line, as set forth above, said additional height shall only be
permitted by special exception, but in no way should the height exceed
70 feet. In addition to the above consideration, the Zoning Hearing
Board shall require proof that the additional height is necessary
for appropriate reception for the stated purpose and should be placed
in such a manner to limit visual impact by neighboring properties.
Furthermore, in no event shall the antenna or satellite dish antenna
be of such a height and placed in such a position that, if laid on
the ground, said antenna or dish would encroach within 10 feet of
any property line of the subject property.
[Amended 4-8-2009 by Ord. No. 09-04]
A.
Nothing shall be permitted to be placed, planted, set or put within
the area of any public or private right-of-way or easement including,
but not necessarily limited to, a utility easement, a drainage easement,
a sanitary sewer easement, a stormwater management easement, a snow
storage easement or a pedestrian easement without written consent
from the owner of the easement.
[Added 5-23-2001 by Ord. No. 01-7]
A.
Forestry activities shall be a permitted use by right in all zoning
districts in the Township.
B.
Forestry activities shall be completed in accordance with any and
all regulations adopted by the Department of Conservation and Natural
Resources, and shall be in accordance with recognized natural resource
conservation practices, but shall not include the construction of
any structures or land development.
[Added 12-17-2003 by Ord. No. 03-09]
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines
and regulations for the siting of wireless telecommunications towers
and antennas. The goals of this section are to:
(a)
Provide procedures and guidelines for the location, placement,
and construction of wireless communications facilities in the Township;
(b)
Provide clear performance standards and requirements addressing
the siting of wireless communications facilities;
(c)
Encourage the location of wireless communications facilities
on existing structures, including telephone poles, utility poles,
signs, water towers, buildings and other wireless communications facilities
to the extent feasible;
(d)
Enhance the ability of providers of telecommunications services
to provide such services to the community in a safe, effective and
efficient manner;
(e)
To effect collocation and site sharing of new and existing wireless
communications facilities;
(f)
To accommodate the need for wireless communications facilities
while regulating their location and number in the Township;
(g)
To minimize adverse visual effects of wireless communications
facilities, attachment structures and equipment facilities through
proper design, siting and vegetative screening;
(h)
To avoid potential damage to adjacent properties from wireless
communications facilities failure and falling ice through engineering
and proper siting of attachment structures; and
(i)
To encourage the joint use of any new wireless communications
facilities to reduce the number of such attachment structures needed
in the future.
B.
ANTENNA ARRAY
APPLICANT
ATTACHED WIRELESS COMMUNICATIONS FACILITY
ATTACHMENT STRUCTURE
CAMOUFLAGING METHODS
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS (DAS)
EQUIPMENT FACILITY
FAA
FCC
HEIGHT
MICRO FACILITY
MONOPOLE
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
REPLACEMENT ATTACHMENT STRUCTURE
RIGHT-OF-WAY
(1)
(2)
STEALTH
SUPPORT STRUCTURE
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
WIRELESS
WIRELESS COMMUNICATIONS SERVICE
WIRELESS COMMUNICATIONS FACILITY (WCF)
Definitions. As used in this section, the following terms shall have
the meaning set forth below:
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 onmidirectional antenna (rod), directional antenna (panel),
and parabolic antenna (disk). The antenna array does not include the
support structure defined below.
Any person or entity that applies for a wireless communications
facility building permit, zoning approval and/or conditional use approval.
A wireless communications facility some component of which
is attached to an attachment structure.
A building or existing structure which is 35 or more feet
in height and is suitable for the support of a wireless communications
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.
Concealing techniques applied to wireless communications
towers, antennae and other facilities which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennae, building-mounted
antennae painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flag poles and light poles.
[Added 8-26-2016 by Ord.
No. 15-12]
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the municipality. The term includes the placement,
replacement or modification of accessory equipment within a previously
approved equipment compound.
[Added 8-26-2016 by Ord.
No. 15-12]
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 8-26-2016 by Ord.
No. 15-12]
Any structure or enclosure used to contain ancillary equipment
as a component of a wireless communications facility, including a
building, cabinet, shelter, a build-out of an existing structure,
or a pedestal.
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 (immediately adjacent
to the tower or structure) to the highest point on the tower or other
structure, including the base pad and any antenna.
A wireless communications facility consisting of an equipment
facility capable of being mounted onto the attachment or support structure
of an antenna that is either:
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
[Added 8-26-2016 by Ord.
No. 15-12]
All non-tower wireless communications facilities including,
but not limited to, antennae and related equipment. Non-tower WCF
shall not include support structures for antennae and related equipment.
[Added 8-26-2016 by Ord.
No. 15-12]
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.
The surface of and the space above and below any real property
in the Township in which the Township, county or commonwealth has
a regulatory interest, or interest as a trustee for the public, as
such interests now or hereafter exist, including, but not limited
to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels,
viaducts, bridges, skyways, or any other public place, area or property
under the control of the Township, county or commonwealth, and any
unrestricted public or utility easements established, dedicated, platted,
improved or devoted for utility purposes, but excluding lands other
than streets that are owned by the Township, county or commonwealth.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Added 8-26-2016 by Ord.
No. 15-12]
FUTURE RIGHT-OF-WAYThe surface of, as well as the space above and below, an area of land required for the widening of existing streets to accommodate anticipated future traffic or to provide future access to or through undeveloped land.
ULTIMATE RIGHT-OF-WAYThe future or planned width of highways in the public domain as shown on the official Ultimate Right-of-Way Map on file at the Township office.
Any wireless communications 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.
A structure designed and constructed to support an antenna
array or micro facility and may include a utility pole, a monopole,
self-supporting (lattice) or guy-wire support tower, and other similar
structures.
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers, monopoles, utility poles, light poles,
and hub facilities for distributed antenna systems.
[Added 8-26-2016 by Ord.
No. 15-12]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 8-26-2016 by Ord.
No. 15-12]
Any personal wireless service as defined by the Telecommunications
Act of 1996, as amended, 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.
The antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Amended 8-26-2016 by Ord. No. 15-12]
C.
Applicability.
(1)
New support structures and wireless communications facilities. All support structures, attachment structures and wireless communications facilities in the Township not in existence on the effective date of this section shall be subject to these regulations, except as provided in Subsections C(2) and (3) below.
(2)
Amateur radio station operators/receive-only antennas. This
section 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.
(3)
Preexisting support structures and wireless communications facilities. Except with regard to additions or substantial modifications, preexisting support structures and preexisting wireless communications facilities consisting of those in existence prior to the effective date of this section, shall not be required to meet the requirements of this section, other than the requirements of Subsection E(6), (7), (8), (12), (13), (14), and (15) below.
D.
Use regulations. The use regulations for wireless communications
facilities within Towamencin Township shall be as follows:
(1)
[1]When the antenna array is attached to an existing attachment
structure, support structure, public utility transmission tower, smokestack,
water tower, building or tall structure in the LI Limited Industrial
District, an antenna array with an accompanying equipment facility
is permitted by right.
[1]
Editor’s Note: Former Subsection D(1), regarding permission
by right in all zoning districts, was repealed 8-26-2015 by Ord. No.
15-12. This ordinance also provided for the redesignation of former
Subsection D(2) through (5) as Subsection D(1) through (4), respectively.
(2)
When the antenna array is attached to an existing attachment
structure, support structure, public utility transmission tower, smokestack,
water tower, building or tall structure in any zoning district other
than the LI Limited Industrial District, an antenna array with an
accompanying equipment facility is permitted by conditional use.
(3)
The erection of a support structure with accompanying antenna
array(s) and equipment facility(ies) is permitted by conditional use
in the following zoning districts:
(a)
LI Limited Industrial.
(4)
Erection and operation of a support structure with accompanying
antenna array(s) and equipment facility(ies) shall be permitted by
conditional use:
(a)
On any municipality owned property, regardless of the zoning
district in which it is located, if prior written approval for said
use shall first be obtained from the governing body of the Township;
and
(b)
On any existing high tension public utility power line support
structure, regardless of the zoning district in which it is located,
if prior written approval for said use shall first be obtained from
the property owner and the public utility which owns the support structure.
E.
General provisions applicable to all districts.
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Principal or accessory use. Wireless communications 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 communications facility or support
structure on such lot consistent with the requirements of this article.
(2)
Land development approval. Wireless communications facilities
and support structures shall receive land development approval or
a waiver of same prior to issuance of a building permit.
(3)
Lot size. For purposes of determining whether the installation
of a wireless communications 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 communications facility or support structure may
be located on a leased parcel within such lot.
(4)
Inventory of existing sites. Each applicant for a wireless communications
facility and/or support structure shall provide to the Zoning Officer
an inventory of its existing support structures, wireless communications
facilities and sites, and applications pending for its support structures,
wireless communications 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,
ownership, and design of each support structure. The Zoning Officer
may share such information with other applicants applying for approval
or permits under this section or other organizations seeking to locate
wireless communications 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.
(5)
Appearance criteria. Wireless communications facilities and
support structures shall meet the following requirements:
(a)
Support structures shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
with a rust-preventive paint in a neutral color or colors (preapproved
by the Township Zoning Officer) so as to reduce visual obtrusiveness.
(b)
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.
(c)
At the site of an attached wireless communications facility,
the antenna array, micro facility, 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, micro facility and related equipment as visually
unobtrusive as possible.
(6)
Lighting. WCF and support structures shall not be artificially
lighted, unless required by the FAA or other applicable governmental
authority and approved by the Township Zoning Officer. If lighting
is required, and more than one type of lighting is permitted by the
FAA or other applicable governmental authority, the lighting alternative
and design chosen must cause the least disturbance to the surrounding
view.
(7)
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 micro facilities.
If such standards and regulations are changed, then the owners of
the support structures, antenna arrays and micro facilities governed
by this section shall bring such support structures, antenna arrays
and micro facilities 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 micro facilities into compliance with
such revised standards and regulations shall constitute a violation
of this section and shall constitute grounds for the removal of the
support structure, antenna array or micro facility at the owner's
expense.
(8)
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 Zoning Officer 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.
(9)
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.
(10)
Nonessential services. Support structures and wireless communications
facilities shall be regulated and permitted pursuant to this section
and shall not be regulated or permitted as essential services, public
utilities, or private utilities.
(11)
Franchises. Owners and/or operators of support structures, attachment
structures and wireless communications facilities shall certify that
all franchises (if any) required by law for the construction and/or
operation of a wireless communications facility in the Township have
been obtained and shall file a copy of all required franchises with
the Zoning Officer.
(12)
Signs. No signs shall be allowed on a support structure, antenna
array or micro facility.
(13)
Buildings and support equipment. Buildings and support equipment
associated with wireless communications facilities shall comply with
all applicable requirements of this code and this section.
(14)
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 micro facility 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.
(15)
FCC and FAA approval. All applicants shall submit proof of their
FCC license for the area containing the proposed wireless communications
facility and shall submit approval from the FAA for any wireless communications
facility.
(16)
Parking. One off-street parking space shall be provided for
each antenna array, equipment building or support structure, with
a minimum of two spaces being provided for any wireless communications
facility.
(17)
Anti-climbing devices. All attachment structures or support
structures shall be fitted with anti-climbing devices, as approved
by the Township Zoning Officer.
(18)
Access. Access shall be provided to a wireless communications
facility (including any portion thereof) by means of a public street
or easement to a public street. The easement shall be a minimum of
20 feet in width and shall be improved to a width of at least 10 feet
with a paved driveway for its entire length.
(19)
Fencing. A fence shall be required around a wireless communications
facility with support structure and other equipment unless the wireless
communications facility is mounted on an attachment structure. The
fence shall be a maximum of eight feet in height, shall enclose all
wireless communications facility improvements, and shall conform to
any other applicable provisions of the Towamencin Township Code related
to the erection of fences. The fence shall be landscaped to screen
it, any equipment building, and the base of any support structure
from view.
(20)
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.
(21)
Co-location. In order to reasonably limit the number of wireless
communications 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 communications service providers, police,
fire and ambulance companies.
(22)
Standard of care. The WCF applicant shall present documentation
that the WCF shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes including, but
not limited to, the most recent editions of the American National
Standards Institute (ANSI) Code, National Electrical Safety Code,
National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any WCF shall at all times be kept and maintained in good
condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(23)
Wind. WCF structures shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended). A copy of the structural
analysis, signed and sealed by a registered engineer in the State
of Pennsylvania, shall be submitted to the Township as a portion of
the original application.
(24)
Public safety communications. No WCF shall interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
(25)
Maintenance. The following maintenance requirements shall apply:
(a)
Any WCF shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(26)
Radio frequency emissions. No WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC including, but not limited to,
the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
(27)
Aviation safety. WCFs shall comply with all federal and state
laws and regulations concerning aviation safety.
(28)
Removal. In the event that use of a WCF is planned to be discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused, unsafe or abandoned WCFs or portions of WCFs shall be removed
as follows:
(a)
All unused, unsafe or abandoned WCFs and accessory facilities
shall be removed within six months for tower-based WCFs and three
months for non-tower WCFs of the cessation of operations at the site
unless a time extension is approved by the Township Zoning Officer.
(b)
If the WCF and/or accessory facility is not removed within six months for tower-based WCFs and three months for non-tower WCFs of the cessation of operations at a site, or within any longer period approved by the Township Zoning Officer, the Township Zoning Officer may issue a violations notice and/or proceed with enforcement remedies as outlined in § 153-621N.
(c)
Any unused portions of WCFs, including antennas, shall be removed
within six months for tower-based WCFs and three months for non-tower
WCFs of the time of cessation of operations. The Township Zoning Officer
must approve all replacements of portions of a WCF previously removed.
F.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
Wireless Communications Facilities:
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or non-existence of a gap
in wireless coverage shall be a factor in the Township's decision
on an application for approval of tower-based WCFs.
(2)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(3)
Design regulations:
(a)
The WCF shall employ the most current camouflaging methods available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the camouflaging
methods chosen by the WCF applicant shall be subject to the approval
of the Township Zoning Officer.
(b)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae for future users.
(4)
Additional antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Township Zoning
Officer.
(5)
Bond. Prior to the issuance of a permit, the owner of a WCF
shall, at its own cost and expense, obtain a bond from a surety licensed
to do business in Pennsylvania and maintain said bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$100,000 to assure the faithful performance of the terms and conditions
of this section. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this section, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
(6)
Historic buildings or districts. No WCF may be located on a
building, structure, or site that is listed on either the National
or Pennsylvania Register of Historic Places unless the WCF can be
completely hidden within the structure.
(7)
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(8)
Identification. All WCFs shall post a notice in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency, subject to approval by the Township
Zoning Officer.
(9)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(10)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring and related costs.
G.
Tower-based facilities outside the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
outside the rights-of-way:
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Development regulations:
(a)
Height. Any tower-based WCF outside of the rights-of-way shall
be designed at the minimum functional height and shall not exceed
a maximum total height of 120 feet, which height shall include all
subsequent additions or alterations. All tower-based WCF applicants
must submit documentation to the Township justifying the total height
of the structure.
(b)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(c)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the communications
facility.
[2]
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall not be located in the minimum front, rear, or side
yard setbacks for the applicable zoning district. Further, no tower-based
WCF shall be located within 200 feet of any occupied building.
[4]
Vehicular access to the tower-based WCF shall not interfere
with parking or circulation on the site.
(d)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(2)
Design regulations:
(a)
Where the proposed site abuts a residential zoning district,
tower-based WCFs shall be permitted only where they are disguised
by attaching them to an existing tall structure where the proposed
tower-based WCF does not increase the height of the existing structure
or by disguising the tower-based WCF so it resembles a tree, a silo,
or a church steeple so that it will fit in with the residential character
of the community.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township.
(3)
Surrounding environs:
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix 1: Geotechnical Investigations,
ANSIIEIA 222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(5)
Accessory equipment:
(a)
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Township Engineer, then the ground-mounted
equipment shall be screened from public view using camouflaging methods,
as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(6)
Access road/lease area. An access road, turnaround space and
parking shall be provided to ensure adequate emergency and service
access to tower-based WCFs. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the WCF owner shall present documentation to the Township that the
property owner has granted an easement and/or signed a lease agreement
for the proposed facility.
(7)
Site plan required. In order to determine whether the requirements
of the conditional use and this section are met, the applicant shall
present a site plan showing, at a minimum, the following items:
(a)
Locations of all existing uses and proposed WCFs.
(b)
Elevations and drawings of any existing uses and proposed tower-based
WCFs, showing proposed width, depth, height, architectural style and
structural data for any towers, antenna, etc., proposed.
(c)
Site boundary, lease area boundary, zoning data, setbacks, yards,
and adjacent uses.
(d)
Vehicular access, fencing, landscaping, utility and/or access
easements.
H.
Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based Wireless Communications Facilities located
in the rights-of-way:
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Prohibited in rights-of-way of neighborhood collectors and residential
local access streets and in residential zoning districts. No tower-based
WCF shall be located within the rights-of-way or future rights-of-way
of any neighborhood collector or residential local access street as
designated by the Township; nor will any tower-based WCF be located
within a residential zone or within 500 feet of a lot in residential
use or a residential boundary.
(2)
Height. Any tower-based WCF in rights-of-way shall be designed
at the minimum functional height and shall not exceed a maximum total
height of 35 feet, which height shall include all subsequent additions
or alterations. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure.
(3)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(4)
Equipment location. Tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features, to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(5)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(6)
Compensation for ROW use. Every tower-based WCF in the ROW is
subject to the Township's right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Township's actual ROW
management costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above. The annual ROW management fee for
tower-based WCFs shall be determined by the Township and authorized
by resolution of the Township Board of Supervisors and shall be based
on the Township's actual ROW management costs as applied to such tower-based
WCFs.
I.
General requirements for all non-tower wireless communications facilities.
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Non-tower WCFs are subject to regulations. Non-tower WCFs are
subject to the restrictions and conditions prescribed in this section
and subject to the prior written approval of the Township.
(2)
If the application for a non-tower wireless communication facility (WCF) is a collocation, modification, or a replacement AND meets all of the criteria listed below in Subsection I(2)(a) through (e), then the requirements contained in Subsection I(3), herein, will be applicable. Should the application not be considered a collocation, modification, or replacement or if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection I(4) contained herein.
(a)
The proposed collocation, modification, or replacement of a
non-tower WCF does not further increase the height of a wireless support
structure which had already been extended by more than 10% of it originally
approved height or by the height of one additional antenna array.
(b)
The proposed collocation, modification, or replacement does
not increase the dimensions of the equipment compound previously approved
by the Township.
(c)
The proposed collocation, modification, or replacement complies
with the applicable conditions of approval applied to the initial
tower-based WCF, equipment compound, and wireless support structure.
(d)
The proposed collocation, modification, or replacement does
not exceed the applicable wind loading and structural loading requirements
for the wireless support structure.
(3)
The following regulations shall apply to all non-tower wireless communications facilities that are considered a collocation, modification, or replacement and meet all of the criteria outlined in Subsection I(2) above:
(a)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval on a non-tower WCF or
$1,000, whichever is less.
(b)
Timing of approval. Within 30 calendar days of that an application
for a WCF is filed with the Township, the Township shall notify the
applicant in writing of any information that may be required to complete
such application. Within 90 calendar days of receipt of an application,
the Township shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the Township's ninety-day
review period.
(4)
The following regulation shall apply to all non-tower wireless communications facilities that are not considered collocations, modifications, or replacements or do not meet all the requirements of the criteria listed in Subsection I(2):
(a)
Bond. Prior to the issuance of a permit, the owner of each individual
non-tower WCF shall, at its own cost and expense, obtain a bond from
a surety licensed to do business in Pennsylvania and maintain said
bond, or other form of security acceptable to the Township Solicitor,
in an amount of $5,000 for each individual non-tower WCF, to assure
the faithful performance of the terms and conditions of this section.
The bond shall provide that the Township may recover from the principal
and surety any and all compensatory damages incurred by the Township
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township.
(b)
Historic buildings or districts. No WCF may be located on a
building, structure, or site that is listed on either the National
or Pennsylvania Register of Historic Places unless the WCF can be
completely hidden within the structure.
(c)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(d)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring and related costs.
(e)
Timing of approval. Within 30 calendar days of that an application
for a WCF is filed with the Township, the Township shall notify the
applicant in writing of any information that may be required to complete
such application. Within 90 calendar days of receipt of an application,
the Township shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the Township's ninety-day
review period.
J.
Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower Wireless communications facilities located outside the rights-of-way that do not meet the criteria in § 153-621I(2):
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or previously approved
wireless support structures, subject to the following conditions:
(a)
Such non-tower WCF does not exceed a maximum height of 120 feet,
inclusive of its support structure.
(b)
If the non-tower WCF applicant proposes to locate the communications
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
(c)
A six-foot-high security fence shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
(2)
Design regulations.
(a)
Non-tower WCFs shall employ camouflaging methods and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the camouflaging methods chosen by the non-tower
WCF applicant shall be subject to the approval of the Township Zoning
Officer.
(b)
Non-tower WCFs which are mounted to a building or similar structure
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a conditional
use permit.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennae, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(3)
Removal, replacement, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the non-tower
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the non-tower WCF or the number of antennae.
(b)
Any substantial modification to a wireless telecommunication
facility shall require a prior amendment to the original permit or
authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
K.
Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way that do not meet the criteria in § 153-621I(2):
[Amended 8-26-2016 by Ord. No. 15-12]
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles.
(2)
Design requirements:
(a)
Non-tower WCF installations located above the surface grade
in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall be compatible in scale and proportion
to the structures upon which they are mounted. Non-tower WCFs in the
ROW may not exceed a height of six feet above the structure upon which
they are mounted unless the applicant receives a conditional use permit.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b)
Antennae and all support equipment shall be treated to match
the supporting structure. Non-tower WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
(3)
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Township
Engineer, that ground-mounted equipment cannot be placed underground,
then all such equipment shall be screened to the fullest extent possible,
through the use of landscaping or decorative features, to the satisfaction
of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
(4)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(5)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
emergency, an owner of a non-tower WCF in the ROW shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any non-tower WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(6)
Compensation for ROW use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.
L.
Equipment facility.
[Added 8-26-2016 by Ord.
No. 15-12[2]]
(1)
Antenna arrays and micro facilities mounted on attachment structures
such as buildings. The equipment facility used in association with
a wireless communications facility proposed to be located on a building
shall comply with the following:
(a)
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 four feet in height, shall be located in the building.
(b)
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.
(c)
An equipment facility may be located on the ground only if it
is in compliance with regulations for accessory structures.
(d)
An equipment facility shall comply with all applicable building
codes.
(2)
Antenna arrays and micro facilities 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:
(a)
In residential districts, an equipment facility:
[1]
May be located in a side yard, provided 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;
[2]
May be located in the rear yard, provided 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;
[3]
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
micro facility 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.
(b)
In 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.
(c)
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.
(3)
Wireless communications facilities with support structures. The equipment facility for a wireless communications facility with support structure shall not contain more than 250 square feet of gross floor area or be more than eight feet in height, 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 § 153-621E and any other applicable landscaping or buffering provisions of this chapter.
M.
Conditional use; standards and criteria. The requirements of the
subsections below are the standards and criteria which shall be satisfied
prior to approval of any permitted or conditional use.
[Added 8-26-2016 by Ord.
No. 15-12]
(1)
The applicant shall demonstrate to the reasonable satisfaction
of the Township or its consultants that the wireless communications
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 co-location.
(2)
If an antenna array or micro facility, or its appurtenances,
extends above the primary roof of any attachment structure, it 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 micro facility extends unless
the antenna array or micro facility 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 micro facility 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.
(3)
Setbacks from base of support structure. If a new support structure
is constructed (as opposed to mounting or co-locating a wireless communications
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 explicitly
permitted by this article.
(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 Township finds that placement of a wireless communications
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).
(4)
Support structure safety. The applicant shall demonstrate that
the proposed wireless communications 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.
The applicant shall submit certification from a Pennsylvania-registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current structural
standards for the type of wireless communications facility proposed,
published by the Electrical Industrial Association/Telecommunications
Industry Association, and applicable requirements of the Pennsylvania
Building Code, the Building Code adopted by the Township, and other
applicable federal, state and municipal regulations, resolutions and
ordinances.
(5)
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 communications facility and use
of compatible or neutral colors.
(6)
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.
(7)
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.
(8)
Equipment facilities shall, to the extent practical, use materials,
colors and textures that blend in with the natural setting and built
environment.
(9)
The applicant shall provide evidence satisfactory to Township
Zoning Officer that the camouflaging of the wireless communications
facility effectively minimizes its visual impact and blends with its
surroundings prior to the issuance of a building permit.
(10)
Effort to locate on existing structures. Before making application
for any wireless communications 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 micro facility, 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 smokestacks, 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.
(11)
Plan. The applicant shall provide a plan for all wireless communications
facilities showing the antenna array, micro facility (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.
(12)
Other standards. Comply with all other standards of approval
for all wireless communications facilities as set forth in this section.
(13)
Abandoned facilities. The applicant shall agree to remove abandoned wireless communications facility improvements as set forth in § 153-621E(28).
(14)
Conditions for conditional uses. When granting a conditional
use, the Township may attach such reasonable conditions and safeguards,
in addition to those expressed in this section, as it may deem necessary
to implement the purposes of this section. Such conditions and safeguards
may include, but need not be limited to, conditions on height, camouflaging
method, particular location on a lot, fencing and other measures that
implement the purposes of this section.
N.
Nonconforming uses.
[Added 8-26-2016 by Ord.
No. 15-12]
(1)
No expansion of nonconforming use. Antenna arrays, micro facilities
and any other wireless communications facilities which are installed
or attached to existing structures in accordance with the provisions
of this section 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's zoning, subdivision and land development ordinances.
(2)
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 section.
(3)
Rebuilding damaged or destroyed nonconforming support structures,
antenna arrays or micro facilities. Notwithstanding § 163-621E(28),
bona fide nonconforming support structures, antenna arrays or micro
facilities 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 micro facility 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 micro facility shall be deemed abandoned
as specified in § 163-621E(28).
O.
Modification of and/or variances from the requirements of this section.
(1)
Variances from the design, dimensional and appearance criteria
of this section may be granted by Township during the conditional
use process upon satisfactory demonstration of the same type of severe
and unnecessary hardship as would be required for an applicant seeing
a variance from the Township Zoning Hearing Board.
(2)
A request for a variance to permit the location of any wireless
communications facility anywhere other than as permitted by this section
may be granted only by the Township Zoning Hearing Board.
P.
Conflicts. Where the provisions of this section are in conflict with
the regulations of any underlying zoning district, the provisions
of this section shall control.
Q.
Violations and penalties.
(1)
Any person who shall erect, construct, reconstruct, alter, repair,
convert, attach or maintain any wireless communications facility in
violation of the terms of this section, 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.
(2)
If any wireless communications facility is erected, constructed,
reconstructed, altered, repaired, converted, attached or maintained
in violation of this section 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.
[Added 11-23-2021 by Ord. No. 21-09]
A.
Purpose. The purpose of this section is to establish policies and
procedures for the placement of small wireless facilities and associated
utility poles in rights-of-way within Towamencin Township's jurisdiction,
which will provide public benefit consistent with the preservation
of the integrity, safe usage, and visual qualities of the Township's
rights-of-way and the Township as a whole.
B.
Intent. In enacting this section, the Township is establishing uniform
standards to address issues presented by small wireless facilities
within the public rights-of-way, including, without limitation, to:
(1)
Limit interference with the use of streets, sidewalks, alleys,
parkways, public utilities, public views, certain Township corridors,
and other public ways and places;
(2)
Limit the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Limit interference with the facilities and operations of facilities
lawfully located in rights-of-way or public property;
(4)
Limit environmental damage, including damage to trees;
(5)
Respect the character of the neighborhoods and other areas in
which facilities are installed.
C.
Preemption of § 153-621 (Wireless telecommunications facilities) of the Zoning Ordinance for small wireless facilities within Township rights-of-way. To the extent that a wireless facility meets the definition of "small wireless facility" and is existing or proposed in rights-of-way within Towamencin Township's jurisdiction, as those terms are defined in this section, the provisions of this § 153-622 and not § 153-621 shall apply. All other wireless facilities shall be regulated pursuant to § 153-621.
D.
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
CO-LOCATE or CO-LOCATION
CODE
COMMUNICATIONS SERVICE PROVIDER
DAY
EMERGENCY
FCC
LAW
MICRO WIRELESS FACILITY
PERMIT
PERSON
RIGHTS-OF-WAY or ROW
SMALL WIRELESS FACILITY
(1)
(2)
(3)
(4)
(5)
TOWNSHIP
UTILITY POLE
WIRELESS FACILITY
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An apparatus designed for the purpose of emitting radio frequency
(RF) signals, to be operated or operating from a fixed location for
the provision of personal wireless service and any commingled information
services.
Zoning, uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization,
or local amendments to those codes, enacted solely to address imminent
threats of destruction of property or injury to persons, to the extent
not inconsistent with this section.
A person or entity that submits a siting application, and
the agents, employees, and contractors of such person or entity.
A request submitted by an applicant to a municipality:
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
The Code of Ordinances of Towamencin Township.
A cable operator, as defined in 47 U.S.C. § 522(5);
a provider of information service, as defined in 47 U.S.C. § 153(24);
a telecommunications carrier, as defined in 47 U.S.C. § 153(51);
or a wireless provider.
Calendar day.
A condition that:
The Federal Communications Commission of the United States.
Federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
A wireless facility that meets the following qualifications:
A written authorization required by the Township to perform
an action or initiate, continue, or complete a project.
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization, including the
Township.
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Township.
A facility that meets each of the following conditions:
The structure on which antenna facilities are mounted is 50
feet or less in height;
Each antenna (excluding associated antenna equipment) is cumulatively
no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facility does not require antenna structure registration
under 47 CFR Part 17; and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Towamencin Township, Montgomery County, Pennsylvania.
A pole or similar structure that is used in whole or in part
for the purpose of carrying or providing lateral support to electric
distribution lines or cables or wires for telecommunications, cable
or electric service, or for lighting.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including i)
equipment associated with wireless communications; and ii) radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include
the structure or improvements on, under, or within which the equipment
is co-located.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless facilities, or wireless support structures,
but that is not a wireless services provider.
A wireless infrastructure provider or a wireless services
provider.
Any services, whether at a fixed location or mobile, provided
to the public using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; existing billboard; or other existing or
proposed, permitted structure designed to support or capable of supporting
wireless facilities. Such term shall not include a utility pole.
E.
Permitted use; application and fees.
(1)
Permit required. No person shall place a small wireless facility
or associated utility pole in the ROW without first filing an application
and obtaining a permit therefor, except as otherwise provided in this
section.
(2)
Application. All applications for permits filed pursuant to
this section shall be on a form, paper or electronic, provided by
the Township. The applicant may designate portions of its application
materials that it reasonably believes contain proprietary or confidential
information as "proprietary" or "confidential" by clearly marking
each page of such materials accordingly.
(3)
Application requirements. An application shall be made by the
wireless provider or its duly authorized representative, and shall
contain the following:
(a)
The wireless provider's name, address, telephone number,
and email address;
(b)
The applicant's name, address, telephone number, and email
address, if different than the wireless provider, and its interest
in the work;
(c)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(d)
A general description of the proposed work and the purposes
and intent of the small wireless facility. The scope and detail of
such description shall be appropriate to the nature and character
of the work to be performed, with special emphasis on those matters
likely to be affected or impacted by the work proposed.
(e)
A site plan, with sufficient detail to show the proposed location
of items the applicant seeks to install in the ROW, including any
manholes or poles, the size, type, and depth of any conduit or enclosure.
(f)
An attestation that the small wireless facilities will be fully
constructed by a wireless services provider within one year after
the permit issuance date, unless the Township and the applicant agree
to extend this period.
(g)
An attestation that, to the best of the applicant's knowledge,
the information contained in the application is true.
(4)
When application not required. An application shall not be required
for:
(a)
Routine maintenance;
(b)
The replacement of a small wireless facility with another small
wireless facility that is substantially similar or the same size or
smaller and still qualifies as a small wireless facility; or
(c)
For the installation, placement, maintenance, operation, or
replacement of micro wireless facilities that are strung on cables
between existing utility poles, in compliance with the National Electrical
Safety Code.
(5)
Application fees. All applications for permits shall be accompanied
by a fee of $500 for a single up-front application that includes up
to five small wireless facilities, with an additional $100 for each
small wireless facility beyond five; and $1,000 in nonrecurring fees
for each new or replacement utility pole. Fees must be in compliance
with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S.
§ 11704.1 et seq., and can be changed by resolution of the
Towamencin Township Board of Commissioners.
(6)
Right-of-way management fee. The owner of the small wireless
facilities shall pay a right-of-way management fee of $270 per small
wireless facility by January 30 of every year. Fees must be in compliance
with the Act and can be changed by resolution of the Towamencin Township
Board of Commissioners.
(7)
Consolidated applications.
(a)
An applicant may submit a consolidated application for up to
20 small wireless facilities, if all the small wireless facilities
in the consolidated application are substantially the same type.
(b)
If the Township denies the application for one or more small
wireless facilities in a consolidated application, the Township may
not use the denial as a basis to delay the application process of
any other small wireless facility in the same consolidated application.
(c)
A single permit may be issued for siting and co-locating multiple
small wireless facilities spaced to provide wireless coverage in a
contiguous area.
F.
Action on permit applications.
(1)
Review of small wireless facility and utility pole applications.
(a)
Within 10 days of receiving an initial application, the Township will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, as determined in the Township's discretion, the Township will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The shot clock set forth in Subsection F(1)(b) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in Subsection F(1)(b) shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(b)
All applications shall be processed on a nondiscriminatory basis,
and the Township shall approve or deny an application for:
(c)
An applicant and the Township may enter into a written agreement to toll the time periods set forth in Subsection F(1)(b).
(d)
If the Township fails to issue a decision on an application for a small wireless facility within the required time periods set forth in Subsection F(1)(b) of this section, the application shall be deemed approved.
(e)
The Township may deny a proposed co-location of a small wireless
facility or installation or modification of a utility pole only if
the proposed application:
[1]
Interferes with the safe operation of traffic control equipment.
[2]
Interferes with sight lines or clear zones for transportation
or pedestrians.
[4]
Fails to comply with reasonable and nondiscriminatory spacing
requirements that apply to other communications service providers
and electric utilities in the ROW and that concern the location of
ground-mounted equipment and new utility poles. Such spacing requirements
shall not prevent a small wireless facility from serving any location.
[5]
Fails to comply with applicable codes.
(f)
The Township shall document the basis for a denial, including
the specific code provisions on which the denial was based, and send
the documentation to the applicant on or before the day the Township
denies an application. The applicant may cure the deficiencies identified
by the Township and resubmit the application within 30 days of the
denial without paying an additional application fee. The Township
shall approve or deny the revised application within 30 days. Any
subsequent review shall be limited to the deficiencies cited in the
denial.
(2)
Permit scope and effect. Installation, modification, or co-location
for which a permit is granted pursuant to this section shall be completed
within one year after the permit issuance date unless the Township
and the applicant agree to extend this period or a delay is caused
by the lack of commercial power or communications facilities at the
site. Approval of an application authorizes the applicant to:
(a)
Undertake the installation, modification, or co-location; and
(b)
Subject to applicable relocation requirements and the applicant's
right to terminate at any time, operate and maintain the small wireless
facilities and any associated utility pole covered by the permit for
a period of not less than 10 years.
(3)
Authority granted; no property right or other interest created.
A permit from the Township authorizes an applicant to undertake only
certain activities in accordance with this section, and does not create
a property right or grant authority to the applicant to impinge upon
the rights of others who may already have an interest in the ROW.
G.
Small wireless facilities in the ROW; maximum height; other requirements.
(1)
Technical requirements. Small wireless facilities and utility
poles installed to support small wireless facilities in the ROW shall
comply with the following requirements:
(a)
Each new or modified small wireless facility installed in the
right-of-way shall be installed on an existing utility pole or a new
utility pole subject to the following:
[1]
The installation of a small wireless facility on an existing
utility pole shall not extend more than five feet above the existing
utility pole.
[2]
If co-location on an existing utility pole cannot be achieved
under Section 4(i) of the Act, a small wireless facility may be installed
on a new or replacement utility pole. The maximum permitted height
of the facility, which shall include the utility pole and small wireless
facility, shall not be taller than 50 feet above ground level.
(b)
Maximum size. The small wireless facility must conform to the
size and height limitations as defined for a small wireless facility
in this section.
(c)
Utility poles. Utility pole installations, modifications, and
replacements relating to small wireless facility co-locations shall
be fabricated from material having a degree of strength capable of
supporting the small wireless facility, and shall be capable of withstanding
wind forces and ice loads in accordance with applicable standards.
A modification, installation, or replacement shall be securely bound
in accordance with applicable engineering standards.
(d)
Color. To the extent technically feasible, small wireless facilities
shall be of a color that is consistent with or most blends into the
structure on which they are installed, unless a different color, approved
by the Township, is needed for public safety or service reliability
reasons.
(e)
Wiring and cabling. Wires and cables connecting the antenna
and appurtenances serving the small wireless facility shall be installed
in accordance with the version of the National Electrical Code and
National Electrical Safety Code adopted by the Township and in force
at the time of installation. In no event shall wiring and cabling
serving the small wireless facility interfere with any wiring or cabling
installed by a cable television or video service operator, electric
utility, or telephone utility.
(f)
Guy wires restricted. Guy wires and similar support structures
may not be used as part of the installation of any small wireless
facility, unless the small wireless facility is proposed to be attached
to an existing utility pole that incorporated guy wires prior to the
date of the small wireless application.
(g)
Grounding. The small wireless facility, including any ground-mounted
equipment, shall be grounded in accordance with the requirements of
the most current edition of the National Electrical Code adopted by
the Township regarding grounding of wireless facilities.
(h)
Signage. Other than the minimal size of warning or notification
signs as required by federal law or regulations, or small identification
and location markings, a small wireless facility shall not have signs
installed thereon.
(i)
Access. Wireless providers and their employees, agents, and
contractors shall have the right of access to utility poles, wireless
support structures, and small wireless facilities in the ROW at all
times for purposes consistent with this section.
(2)
Other requirements. A wireless provider that seeks to co-locate
small wireless facilities or install or modify a utility pole supporting
small wireless facilities shall be subject to the following requirements:
(a)
Small wireless facilities shall be located such that they do
not interfere with a public health or safety facility, such as, but
not limited to, a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health
or safety facility. New utility poles and small wireless facilities
shall not be installed directly over any water, sewer, or reuse main
or service line.
(b)
To the extent technically feasible, new utility poles installed
to support small wireless facilities shall be made of the same or
similar material as existing poles in the immediate area.
(c)
Any tree-disturbing activity necessary for the installation
or co-location of small wireless facilities and utility poles installed
to support them shall comply with any applicable Shade Tree Commission
and Township Code and permitting requirements related to tree trimming
and/or removal.
(d)
Small wireless facilities and utility poles or wireless support
structures on which they are co-located shall not be lighted or marked
by artificial means, except when small wireless facilities are co-located
on a light pole or where illumination is specifically required by
the Federal Aviation Administration or other federal, state, or local
regulations.
(e)
A wireless provider shall repair, at its sole cost and expense,
any damages, including, but not limited to, subsidence, cracking,
erosion, collapse, weakening, or loss of lateral support to the Township's
streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights,
traffic signals, improvements of any kind or nature, or utility lines
and systems, underground utility line and systems, or sewer or water
systems and water and sewer lines directly resulting from any activities
performed in connection with the installation and/or maintenance of
a wireless facility in the ROW. The wireless provider shall restore
such areas, structures, and systems to substantially the same condition
in which they existed prior to the installation or maintenance that
necessitated the repairs.
(f)
Small wireless facilities shall blend in with the surrounding
environment or be otherwise concealed to the extent practicable.
(g)
Wireless support structures installed or replaced in order to
accommodate attached small wireless facilities shall be a minimum
of two feet from any sidewalk, path or trail and shall not obstruct
vehicular, pedestrian, or cyclist traffic or sight lines.
(h)
Antenna placement shall not materially impair light, air, or
views from adjacent windows.
(i)
Pole-mounted accessory equipment shall be mounted to provide
a minimum of eight feet vertical clearance from ground level.
(j)
All accessory equipment shall be contained within a single equipment
shroud or cabinet. Such equipment shroud or cabinet shall be of the
smallest dimensions technically feasible.
(k)
No accessory equipment shall feature any visible lighting, including
flashing indicator lights, unless required by state or federal law.
(3)
Underground provision. Small wireless facilities shall not be
located in a right-of-way in which all utility installations are presently
underground.
H.
Removal, relocation, or modification of small wireless facility in
the ROW.
(1)
Notice. Within 90 days following written notice from the Township,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change, or
alter the position of any small wireless facilities or utility pole
for which it has a permit hereunder whenever the Township has determined
that such removal, relocation, change or alteration is reasonably
necessary for the construction, repair, maintenance, or installation
of any Township improvement in or upon, or the operations of the Township
in or upon, the ROW. In such cases the Township shall work with the
provider to allow for continuity of service and use of an alternative
location as needed.
(2)
Emergency removal or relocation of facilities. The Township
retains the right to cut or move any small wireless facilities or
utility poles located within the ROW, as the Township may determine
to be necessary, appropriate, or useful in response to any public
health or safety emergency. If circumstances permit, the Township
shall notify the wireless provider and provide it an opportunity to
move its small wireless facilities or utility poles prior to cutting
or removing them, and in all circumstances shall promptly notify the
wireless provider after cutting or removing a small wireless facility
or utility pole.
(3)
Abandonment of facilities. The Township may require a wireless
provider to remove an abandoned small wireless facility or utility
pole permitted hereunder within 180 days of abandonment. Should the
wireless provider fail to timely remove the abandoned small wireless
facility or utility pole, the Township, upon providing 30 days'
prior written notice to the provider, may remove the small wireless
facility or utility pole to be removed and may recover the actual
cost of such removal from the wireless provider. A small wireless
facility or utility pole shall be deemed abandoned at the earlier
of the date that the wireless provider indicates in any way that it
is abandoning the small wireless facility or utility pole, or the
date that is 180 days after the date that the small wireless facility
or utility pole ceases to be used, unless the wireless provider gives
the Township reasonable evidence that it is diligently working to
place the small wireless facility or utility pole back in service.
