[Added 1-11-1999 by Ord. No. 98-97Z]
In expansion of the purposes contained in Article I, § 230-2, of this chapter, and the policies and recommendations of the Township's Comprehensive Plan, as amended, the primary intent of this article is to permit and regulate wireless telecommunications facilities, including but not limited to communications antennas, communications antenna support structures and communications equipment buildings, in conformance with the "Telecommunications Act of 1996," enacted by the United States Congress. In addition, other specific intents and purposes of this article include the following:
A.
Recognize that technical developments in the telecommunications
field have provided new options for the expansion and delivery of
wireless communications services to Montgomery Township and its residents.
B.
Recognize that the Township's police, fire and emergency
medical services, residents and visitors rely on wireless communications
services for business and personal uses.
C.
Encourage efficient wireless communications services
within the Township while protecting the public health, safety and
welfare.
D.
Permit communications services while protecting the
interests of Township residents by regulating the placement and construction
of wireless telecommunications facilities, including satellite dish
antennas.
E.
Respect federal and state statutes and regulations
that impose certain limitations on the Township's ability to regulate
the placement and construction of wireless telecommunications facilities.
F.
Minimize adverse visual effects of wireless telecommunications
facilities through proper design, siting and vegetative screening.
G.
Encourage good and efficient planning through the
joint use of any new or existing communications antenna support structures.
For the purposes of this article, the following
definitions shall apply:
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by or permitted
by the Federal Communications Commission (FCC) to operate such device.
This definition shall include but not be limited to the following
specific types of antennas:
CONVENTIONAL TELEVISION RECEPTION ANTENNASThe traditional pole and grid antennas used by individual property owners and generally mounted on rooftops for reception of VHF and UHF television signals.
SATELLITE DISH ANTENNAS:
Noncommercial. Those used by an individual property
owner for reception of signals from satellites for use only within
the property on which the satellite dish is located.
Commercial. Those used by a commercial business
for reception of signals from satellites for distribution to other
properties or for the transmission of signals to satellites.
AMATEUR RADIO ANTENNASIncludes ham and citizens band radio antennas or others operated by individual amateur radio operators or clubs on a nonprofit basis for use only within the property on which the amateur radio antenna is located.
WIRELESS TELEPHONE ANTENNASThose used to receive and transmit wireless communications signals for all types of wireless telephones and pagers
BROADCAST RADIO AND/OR BROADCAST TELEVISION ANTENNASIncludes AM and/or FM radio and/or VHF and/or UHF television transmission antennas.
TWO-WAY RADIO ANTENNASIncludes business band, emergency services and other public band radio antennas.
A structure, such as a monopole, self-supporting or guyed
tower, specifically designed for communications antennas and used
to support communications antennas; buildings, water towers, electric
utility transmission towers and other structures constructed and used
for a purpose other than supporting communications antenna shall not
be considered a communications antenna support structure.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas.
The vertical distance measured from the portion of the antenna
closest to ground level to the highest point on the antenna.
The vertical distance measured from the ground level to the
highest point on a communications antenna support structure, including
communications antennas attached to the support structure.
Includes communications antennas, communications antenna
support structures and communications equipment buildings and appurtenances.
The following table lists all antennas, support
structures and equipment buildings that are permitted by right, by
special exception or by conditional use. Any antenna, support structure
or equipment building not listed in this table or not meeting the
height requirements of this table is prohibited. All uses permitted
by this table must also comply with all other applicable standards
in this article.[1]
[1]
Editor's Note: The Wireless Telecommunications
Table is located at the end of this chapter.
The following regulations shall apply to communications
antennas, communications antenna support structures and communications
equipment buildings in all zoning districts.
A.
Dimensional requirements.
(1)
Conventional television reception antennas.
(a)
Such antennas shall not be located within the
front yard.
(2)
Noncommercial satellite dish antennas.
(a)
Setbacks. Noncommercial satellite dish antennas
shall comply with the following setback requirements:
[1]
Antennas shall be set back from side and rear
lot lines by a distance at least equal to the minimum yard setback
for the district in which the antenna is located or by a distance
at least equal to the height of the antenna, whichever is greater.
[2]
Antennas with a total height of less than four
feet may be located in the front yard or in front of the primary building,
provided that such antenna is entirely within four feet of the front
wall of the building; otherwise, antennas shall not be permitted within
the front yard or in front of the primary building.
[3]
Building-mounted antennas may intrude into front,
side and rear yard setbacks for a distance no greater than any existing
intrusion by an existing building.
(b)
Height. All noncommercial satellite dish antennas
mounted on buildings shall not exceed the maximum building height
of the zoning district in which the antenna is located.
(3)
Commercial satellite dish antennas and support
structures.
(a)
Setbacks. Commercial satellite dish antennas
and support structures shall comply with the following setback requirements:
[1]
All antennas and support structures shall be
set back a distance that is at least equal to the minimum yard setback
for the district in which the antenna is located. When this yard setback
is less than 50 feet, antennas and support structures 50 feet or more
in height shall be set back a minimum of 50 feet from property lines
and street ultimate rights-of-way lines.
[2]
Antennas and support structures shall not be
permitted within the front yard or in front of the primary building.
(b)
Height. All commercial satellite dish antennas and support structures mounted on buildings shall not exceed the maximum building height of the zoning district in which the antenna is located. Commercial satellite dish antennas and support structures that are ground-mounted shall not exceed 150 feet in total height and shall meet the conditional use requirements in § 230-224.
(4)
Amateur radio antennas and support structures.
(a)
Setbacks. Amateur radio antennas and support
structures may be placed anywhere on a lot.
(5)
Wireless telephone, broadcast radio, broadcast
television and two-way radio antennas, communications equipment buildings
and or support structures.
(a)
Setbacks. Such antennas and support structures
shall comply with the following setback requirements:
[1]
All antennas and support structures shall be
set back a distance that is at least equal to the minimum yard setback
for the district in which the antenna is located. When this yard setback
is less than 50 feet, antennas and support structures 50 feet or more
in height shall be set back a minimum of 50 feet from property lines
and street ultimate rights-of-way lines.
[2]
Setbacks within residential districts and setbacks
from residential district boundaries or residentially used property
boundaries shall be a minimum of 50 feet.
(b)
Communications equipment buildings shall meet
the setback requirements for principal buildings in the zoning district
in which the building is located. No more than two communications
equipment buildings may be located on any lot. Communications equipment
buildings shall not exceed 144 square feet in total building floor
area.
(c)
Security fencing. Ground-mounted antennas, support structures
and communications equipment buildings shall be enclosed by locked
security fencing, a minimum of six feet in height.
[Amended 6-25-2018 by Ord. No. 18-306Z]
(d)
Access and parking.
[1]
Access shall be provided to ground-mounted facilities
directly from a public street or by easement to a public street. The
easement shall be a minimum of 20 feet in width and improved with
a driveway at least 10 feet in width, built in accordance with the
Montgomery Township standards for a residential driveway.
[2]
For facilities that are not fully automated,
the number of required parking spaces shall be sufficient for only
the number of people on the largest shift.
(e)
Within residential districts, only fully automated
facilities shall be permitted and parking and access shall be sufficient
for maintenance purposes only.
B.
Buffering requirements.
(1)
The following antennas, support structures and
equipment buildings shall provide a screen buffer:
(a)
Ground-mounted noncommercial satellite dish
antennas 4 feet or greater in height.
(b)
Ground-mounted commercial satellite dish antennas
and/or support structures 12 feet or greater in height.
(c)
Ground-mounted wireless telephone, broadcast
radio, broadcast television and two-way radio antennas, communications
equipment buildings and/or support structures.
C.
Safety requirements.
(1)
All communications antenna and communications
support structures shall comply with all applicable Federal Aviation,
Pennsylvania Bureau of Aviation and airport zoning regulations.
(2)
Structural integrity. Except for amateur radio
support structures, the applicant shall submit certification from
a Pennsylvania-registered professional engineer that the proposed
communications antenna support structure 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
the applicable requirements of the Montgomery Township Building Code.[2]
(3)
Building-mounted antennas and support structures.
The applicant proposing to mount on a building any noncommercial satellite
dishes three feet or greater in size; commercial satellite dish antennas
and support structures; or wireless telephone, broadcast radio, broadcast
television and two-way radio antennas and support structures shall
submit evidence from a Pennsylvania-registered professional engineer
certifying that the proposed installation will not exceed the structural
capacity of the building, considering wind and other loads associated
with the antenna and/or support structure location.
(4)
Anticlimbing devices. When required by the Township,
all communications antenna support structures shall be fitted with
anticlimbing devices, as approved by the manufacturers.
(5)
Maintenance. Wireless telecommunications facilities
shall be protected and maintained in accordance with the requirements
of the Montgomery Township Building Code and current industry standards.
(6)
Guy wires. All guy wires shall be clearly marked
to be visible at all times.
(7)
Amateur radio antenna and support structure
safety. The Township Code Enforcement Officer may inspect amateur
radio antennas and support structures to determine if these facilities
are safely installed. If the Township Code Enforcement Officer determines
that safety problems exist, the Code Enforcement Officer can require
remediation of the safety problems at the owner's expense or can require
removal of the unsafe antenna and/or support structure.
[Added 6-14-1999 by Ord. No. 99-110Z]
D.
Appearance.
(1)
Color or finish. Communications antennas and
communications antenna support structures shall be painted, colored
or finished in a manner that minimizes the visual impact on the area
in which it is located.
(2)
Lighting. Antennas and support structures shall
not be artificially illuminated except when required by Federal Aviation
Administration (FAA) regulations or other applicable governmental
regulations.
(3)
Advertising or signs. No advertising or signs
shall be affixed to any wireless telecommunications facilities.
All conditional uses shall meet the requirements of § 230-156.2 of this chapter and the following requirements:
A.
Conditional use approval must be received for the
proposed use, the proposed dimensions of the use and the proposed
development characteristics of the use.
B.
Evidence of attempt to share support. Any applicant
proposing construction of a new antenna support structure as a conditional
use shall demonstrate that a good faith effort has been made to obtain
permission to mount the antennas on an existing building or antenna
support structure. A good faith effort shall require that all owners
of potentially suitable structures within a one-fourth-mile radius
of the location of the proposed antenna be contacted and that one
or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment
would exceed the structural capacity of the existing structure and
its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing structure, and the interference cannot be prevented
at a reasonable cost.
(3)
Such existing structures do not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related
equipment would result in electromagnetic radiation from such facility
exceeding standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not
be reached with the owners of such structures.
C.
If an applicant proposes a new antenna support structure,
the applicant shall demonstrate, using technological evidence, that
the antenna and its support structure must be located where proposed
in order to properly function.
D.
The applicant shall provide evidence that the antenna
is proposed to be at the minimum height needed to properly function.
E.
Abandonment. The applicant shall agree that the antenna
and/or antenna support structure will be dismantled and removed, in
accordance with the following requirements:
(1)
If a communications antenna and/or communications
antenna support structure permitted as a conditional use is not utilized
for a continuous period of 12 months, it shall be considered abandoned,
whether or not the owner/operator intends to make use of it or any
part of it in the future. In that event, the owner or operator of
the communications antenna and/or communications antenna support structure
and the owner of the property where the communications antenna and/or
communications antenna support structure is located shall be under
a duty to remove the abandoned communications antenna and/or communications
antenna support structure within six months of the expiration of such
twelve-month period. If such communications antenna and/or communications
antenna support structure is not removed within 60 days of receipt
of notice from Montgomery Township notifying the owners of such abandonment
and its obligation to remove the communications antenna and/or communications
antenna support structure, the Township may remove it/them and place
a lien upon the property for costs of removal. The Township may pursue
all legal remedies available to it to ensure that abandoned communications
antennas and/or communications antenna support structures are removed
and the costs of removal paid by the owners.
F.
In order to reduce the number of communications support
structures and communications equipment buildings needed in Montgomery
Township in the future, the applicant shall agree that any proposed
communications antenna support structure and/or communications equipment
building permitted by conditional use shall reasonably accommodate
other users, including other communication companies and local police,
fire and ambulance companies.
The following administrative and procedural
requirements apply to all commercial satellite dish antennas and support
structures; or wireless telephone, broadcast radio, broadcast television
and two-way radio antennas and support structures:
A.
Site plan. A site plan shall be required for all new
communications antenna support structures proposed to be more than
50 feet in height, for the construction of new communications equipment
buildings and for all ground-mounted commercial satellite dish antenna
proposals. The site plan shall show the following information:
(1)
Property lines, building setbacks required by
the Zoning Ordinance, zoning district(s) of all adjacent lots and
areas subject to easements and deed restrictions.
(2)
Existing buildings and other structures, streets,
sidewalks, parking areas and large trees.
(3)
The proposed telecommunications facilities,
including any proposed fencing, guy wires, landscaping or other related
features.
(4)
The drop zone for any proposed communications
antenna support structures.
(5)
Any other information deemed necessary by the
Board of Supervisors.
B.
Construction and elevation drawings. For communications
antennas proposed to be mounted on a building or other structure,
the applicant shall submit, as part of its site plan, construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Code Enforcement Officer for compliance
with the Montgomery Township Building Code[1] and other applicable laws.
C.
Compliance with electrical codes. All communications
antennas shall comply with all regulations in the latest edition of
the national electrical codes.
D.
Licensing. When an applicant must be licensed by the
Federal Communications Commission, the applicant shall submit a copy
of its current FCC license to the Township.
E.
Township identification. An identification tag with
the Township permit number shall be attached to all wireless telecommunications
facilities that require a Township permit.
