[Added 2-15-2001 by Ord. No. 453]
A.Â
Legislative intent. The legislative intent of the
Board of Supervisors relating to the placement of communications antennas
within the Township shall be as follows:
(1)Â
To accommodate the need for communications antennas
while regulating their location and number in Lower Providence Township.
(2)Â
To minimize adverse visual effects of communications
antennas, communications towers and communications equipment buildings
through proper design, siting, and vegetative screening.
(3)Â
To avoid, potential damage to adjacent properties
from communications tower failure and falling ice through engineering
and proper siting of antenna support structures.
(4)Â
To encourage the joint use of any new communications
towers to reduce the number of such towers needed in the future.
B.Â
Use regulations. The use regulations for communications
antennas within Lower Providence Township shall be as follows:
(1)Â
When the antenna is attached to an existing public
utility transmission tower (as hereinafter described), a communications
antenna with an accompanying communications equipment building is
permitted by right in all zoning districts.
(2)Â
When the antenna is attached to a preexisting communications
tower, public utility transmission tower, smokestack, water tower,
building, or other tall structure in the Industrial District, General
Commercial District, Highway Commercial District, Industrial Park
District, Institutional Overlay District and Limited Industrial District,
a communications antenna with an accompanying communications equipment
building shall be permitted by right.
[Amended 10-20-2011 by Ord. No. 602]
(3)Â
The erection of communications towers with accompanying
communications antennas and equipment buildings is permitted by special
exception in the following zoning districts:
[Amended 10-20-2011 by Ord. No. 602]
(4)Â
Erection and operation of a communications tower with
accompanying antenna and equipment buildings shall be permitted by
special exception on any municipally owned property, regardless of
the zoning district in which it is located if prior written approval
for said use shall first be had and obtained from the governing body
of the Township.
(5)Â
Amateur radio. This chapter shall not govern any tower or the
installation of any antennas that are under 65 feet in height and
operated by a federally licensed amateur status operator.
[Added 10-20-2011 by Ord. No. 602]
C.Â
Regulations for communications antennas.
(1)Â
Communications antennas shall not exceed the height
of the structures on which they are mounted, including but not limited
to existing communications towers, public utility transmission towers,
smokestacks, water towers, buildings, other existing structures, or
proposed communications towers, by more than 20 feet.
(2)Â
Omnidirectional or whip communications antennas shall
not exceed 20 feet in height or seven inches in diameter.
(3)Â
Directional or panel communications antennas shall
not exceed five feet in height or three feet in width.
(4)Â
Any applicant proposing communications antennas that
will be mounted on a building or other structure shall submit the
following information:
(a)Â
Evidence from a Pennsylvania registered professional
engineer certifying that the proposed installation will not exceed
the structural capacity of the building or other structure, considering
wind and other loads associated with the antennas' location.
(b)Â
Detailed construction and elevation drawings
indicating how the antennas will be mounted on the structure, for
review by the Township Code Enforcement Officer for compliance with
the Township Building Code and other applicable regulations.
(c)Â
Evidence of agreements and/or easements necessary
to provide access to the building or structure on which the antennas
are to be mounted so that installation and maintenance of the antennas
and communications equipment can be accomplished.
(5)Â
The installation of communications antennas not involving
the construction of a new building, a new building addition or a communications
tower does not require the submittal of a land development plan.
(6)Â
The owner or operator of communications antennas shall
be licensed by the Federal Communications Commission to operate such
antennas.
(7)Â
One off-street parking space shall be provided for
a communications antenna, communications equipment building and/or
communications tower.
(8)Â
Communications antennas shall be of stealth design
as required by the Township, and must comply with the following standards
relating to aesthetics, placement and colors:
(a)Â
Communications antennas shall be designed so
as to blend into the existing attachment structure to the extent feasible,
including placement in a location that is consistent with the proper
functioning of the communications antennas and use of compatible or
neutral colors.
(b)Â
Communications antennas that have aesthetic
impacts that cannot be reasonably mitigated by placement and color
solutions may be required to be screened in a reasonable and achievable
manner.
(c)Â
Communications antennas and communications towers
or attachment facilities 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, lightpoles and similar alternative design
mounting structures that camouflage or conceal the presence of antennas
or communications towers.
(d)Â
The applicant shall provide evidence satisfactory
to the Board of Supervisors that the stealth design of the communications
antenna effectively minimizes its visual impact and blends with its
surroundings prior to the issuance of a building permit.
D.Â
Regulations for communications equipment buildings.
(1)Â
Communications equipment buildings shall meet the
height and setback requirements for principal buildings in any zoning
districts in which the building is located.
(3)Â
The construction of communications equipment buildings
shall be considered a land development and shall be accompanied by
a full site plan, as required by the Township's Subdivision and Land
Development Ordinance.
E.Â
Regulations for communications towers.
(1)Â
Communications towers shall only be permitted by special
exception when the following conditions have been met:
(a)Â
The applicant demonstrates, through the submission
of technological evidence, that the communications tower must be located
where it is proposed to satisfy its function in a company's grid system.
(b)Â
The applicant demonstrates that it has contacted
the owners of tall buildings, structures, and towers within a one-quarter-mile
radius of the proposed site, asked for permission to install the antenna
on those buildings, structures, and towers, and was denied for one
of the following reasons:
[1]Â
The proposed antennas and related equipment
would exceed the structural capacity of the existing building, structure,
or tower, and its reinforcement cannot be accomplished at a reasonable
cost.
[2]Â
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing building, structure, or tower and the interference
cannot be prevented at a reasonable cost.
[3]Â
Such existing buildings, structures, or towers
do not have adequate location, space, access or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[4]Â
A commercially reasonable agreement could not
be reached with the owners of such building, structure, or tower.
(c)Â
The applicant agrees that the communications
tower shall be dismantled and removed if the tower remains unused
for a period of 12 consecutive months. Such dismantling and removal
shall occur within six months of the expiration of the twelve-month
period.
(d)Â
The applicant agrees that in order to reduce
the number of communications towers needed in Lower Providence Township
in the future, the proposed communications tower shall be designed
to reasonably accommodate other users, including other cellular communication
companies, and local police, fire, and ambulance companies.
(2)Â
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to perform its function. In no case shall the height of communications
towers, including any attachments thereto, exceed 100 feet.
(3)Â
The foundation and base on any communications tower
shall be set back from property lines (not lease lines) by the largest
of the following:
(4)Â
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 steel antenna towers and antenna supporting structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Pennsylvania
Building Code, Lower Providence's Building Code and other applicable
federal, state and municipal regulations, resolutions or ordinances.
(5)Â
All towers shall be fitted with anti-climbing devices,
as approved by the manufacturers.
(6)Â
An eight-foot high security fence shall be required
around the communications tower and other equipment. The fence shall
be landscaped to screen it from direct view.
(7)Â
Communications towers must comply with the following
standards relating to aesthetics, placement, and colors:
(a)Â
Communications towers shall either maintain
a galvanized steel finish or, subject to any applicable standards
of the FAA, be painted a neutral color or colors, (preapproved by
the Township) so as to reduce visual obtrusiveness and blend them
into the natural setting and surrounding buildings to the extent it
is reasonably possible.
(b)Â
All communications equipment buildings associated
with a communications tower shall be designed to utilize materials,
colors, textures, screening and landscaping to blend them into the
natural setting and surrounding buildings to an extent reasonably
feasible.
(c)Â
Any supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the communications tower so as to make the supporting
electrical and mechanical equipment as visually unobtrusive as possible
and blended into the natural setting and surrounding buildings.
(8)Â
Access shall be provided to a communications tower
and/or communications equipment building 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.
(9)Â
All guy wires associated with a guyed communications
tower shall be clearly marked so as to be visible at all times and
shall be located within a fenced enclosure. Guy wires and their anchors
must be set back at least 50 feet from property lines.
(10)Â
No signs or lights shall be mounted on a communications
tower, except as may be required by the Federal Communications Commission,
the Federal Aviation Administration, or other governmental agency
that has jurisdiction on such matters, or which may be needed for
emergency repair.
(11)Â
Property line buffers and site element screens
shall be provided to screen the base of the tower in accordance with
the Township's Subdivision and Land Development Ordinance.
(12)Â
A communications tower may be located on a lot
occupied by other principal structures, provided the tower and its
accompanying communications equipment building are set back at least
50 feet from all other buildings and structures on the lot.
(13)Â
A communications tower may occupy a leased area
within a lot that meets the minimum lot size and other requirements
of the zoning district in which it is located.
(14)Â
The construction of communications towers and
any associated equipment buildings shall be considered a land development
and shall be accompanied by a full site plan, as required by the Township's
Subdivision and Land Development Ordinance.
