[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 600]
In recognition of the quasi-public nature of wireless communications,
cellular communications and personal communications services systems,
and the Federal Telecommunications Act of 1996, the following special
regulations shall apply.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 601]
1. The purpose of this article and the standards established hereunder
is to govern the use, construction and facilities siting of towers,
cellular and wireless towers, facilities and equipment, so as:
A. To accommodate the need for wireless communications, cellular communications
and personal communications services towers, cellular and wireless
towers, facilities and equipment while regulating their location and
number in the Township.
B. To minimize adverse visual effects of towers, cellular and wireless
towers, facilities and equipment through careful design, siting and
vegetative screening.
C. To avoid potential damage to adjacent properties from, among other
things, antenna support structure/tower failure and falling ice and
debris through engineering and careful siting of antenna support structure/towers.
D. To maximize the use of any new or existing antenna support structure/towers
or other tall structure(s) so as to reduce the number of antenna support
structure/towers needed in the future.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 602]
The following terms, used in this article, shall be interpreted
as follows:
ANTENNA
Any device or mechanism used in the collection, transmitting,
routing or receiving of telecommunications transmissions, radio signals
or radio frequency energy including, but not limited to, use by or
in the provision of wireless communications, cellular communications
and personal communication services.
ANTENNA HEIGHT
The vertical distance measured from the base of an antenna
support structure/tower at grade to the highest point of the antenna
support structure/tower, including any antenna affixed thereto. If
the antenna support structure is on a sloped grade, then the average
between the highest and lowest grades shall be used in calculating
the antenna height.
ANTENNA SUPPORT STRUCTURE/TOWER
Any pole, telescoping mast, monopole, tower, tripod or any
other structure which supports or has attached to it, an antenna or
antennae.
CELL SITE
A tract or parcel of land that contains the wireless, cellular
or personal communications service antenna, its antenna support structure,
accessory building(s) and parking, and may include other uses associated
with and ancillary to providing wireless communications, cellular
communications or personal communications services.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 603]
1. A cell site may be permitted in the following zoning districts by
conditional use subject to the approval of the Board of Supervisors
and provided the application shall otherwise comply with this article
and the use regulations of the applicable zoning district wherein
the cell site is to be located. Except as otherwise specifically set
forth herein to the contrary, cell sites shall not be located in any
residential zoning district within the Township.
B. Limited Industrial District.
C. Municipal District, excluding park land.
D. Any existing telephone pole owned or operated by a public utility,
except when located in a residential zoning district.
E. Existing tall structures within any zoning district including residential,
provided that the antenna shall be affixed to the existing tall structure.
This provision shall not include nor permit the erection of an antenna
support structure within a residential zoning district.
2. Cell sites may be located on a lot which already contains an existing
principal use, and the minimum lot size required in the underlying
district shall apply to the tract but shall not be required for each
principal use; however, the cell site must comply with the minimum
setback requirements set forth herein below.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 604]
1. A cell site with antenna that is to be attached to an existing wireless
communications, cellular communications or personal communications
services tower, smoke stack, water tower or other similar tall structure,
together with any antenna support structure/tower, shall not exceed
the height of the existing structure by more than 15 feet.
2. A cell site with antenna that is not to be mounted on an existing
antenna support structure/tower, shall not have an antenna height
or tower height in excess of 180 feet.
3. All other uses ancillary to the towers, cellular and wireless tower,
facilities and equipment (including, but not limited to, a maintenance
depot, etc.) are prohibited from the cell site unless otherwise permitted
in the zoning district in which the cell site is located. Such other
ancillary uses shall not be considered accessory uses.
4. Setbacks from the base of any new antenna support structure/tower
to be constructed (as opposed to mounting the antenna on an existing
tall structure), shall be the minimum distance between the base of
the support structure or any guide wire anchors and any property line,
right-of-way line, or zoning district buffer area, and shall be the
largest of the following:
A. The minimum setbacks in the underlying zoning district.
B. One foot of horizontal distance for every one foot of height of the
proposed antenna support structure/tower.
5. Any provisions of this chapter or any other Township ordinance which
are not addressed hereunder, shall remain in effect and shall not
be considered altered or modified by this article, and shall apply
to the proposed towers, cellular and wireless tower, facilities, and
equipment.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 605]
1. The following standards shall apply to all towers, cellular and wireless
towers, facilities and equipment:
A. The applicant shall demonstrate, using accepted technological evidence,
that the antenna and antenna support structure/tower must be located
where proposed in order to satisfy its function in the applicant's
grid system.
B. If the applicant proposes to build an antenna support structure/tower,
applicant shall provide written evidence that it first contacted the
owners of tall structures within a quarter mile radius from the proposed
cell site, requested permission to install the antenna on those structures
and was denied for reasons other than reasonable economic ones. Tall
structures shall include, but not be limited to, smoke stacks, water
towers, buildings in excess of six stories, antenna support structure/towers
of other wireless communications, cellular communications and personal
communications service providers, other communications towers (fire,
police, etc.) and other similar tall structures.
C. The applicant shall demonstrate that the antenna height is the minimum
required to function satisfactorily. No antenna height taller than
this minimum height shall be approved, unless the applicant provides
proof that another provider of wireless, cellular or personal communications
services has already agreed to co-locate on the applicant's antenna
support structure/tower at a greater height than is required by the
applicant.
D. The applicant shall demonstrate that the proposed antenna and antenna
support structure/tower are: safe; that the surrounding properties
will not be negatively affected by antenna support structure/tower
failure, falling ice or other debris, electromagnetic fields, or radio
frequency interference; and that the application will not otherwise
be detrimental to the health, safety and welfare of the neighbors
and the community. All antenna support structure/towers shall be fitted
with anti-climbing devices, as approved by the manufacturers.
E. In order to reduce the number of antenna support structure/towers
needed in the Township in the future, the proposed antenna support
structure/tower shall be required to accommodate, where possible,
other users, including other wireless communication, cellular communication
and personal communication service providers companies, and local
police, fire and ambulance companies. Applicants shall provide evidence
that all other authorized users have been contacted by the applicant
with an offer of co-location on the applicant's proposed antenna support
structure/tower. In the event that co-location is not proposed by
the applicant, the applicant shall provide stealth alternatives for
consideration by the Township, which alternatives are designed to
limit the visual impact of the antenna support structure on the Township
and community.
F. The applicant must demonstrate that it is licensed by the Federal
Communications Commission, to provide wireless communications, cellular
communications and/or personal communications services.
G. Antenna support structure/towers shall be designed and constructed
to all applicable standards of the American National Standards institute
and similar standards where such standards are greater than those
of this article, or not addressed hereunder.
H. Antennae and antenna support structure/towers shall be designed to
withstand wind gusts of 100 miles per hour.
2. In evaluating an application for a conditional use, the Board shall
require the applicant, in addition to the foregoing, to provide any
necessary information to insure that:
A. The proposed use is consistent with the purpose of this article and
the overall purpose of this chapter.
B. The proposed use will satisfy all of the relevant provisions and requirements of the Thornbury Township Subdivision and Land Development Ordinance [Chapter
22] and any other applicable ordinance, code and/or regulation.
C. The proposed use and its location are consistent with and responsive
to the Comprehensive Plan, in particular, the plans for land use,
circulation, community facilities, utilities, and the map depicting
areas of environmental concern.
D. The proposed use will not adversely effect the health, safety, morals
and general welfare of the Township.
E. The proposed land use is consistent with the nature of the land uses
existing on any immediately adjacent properties; and, it will not
detract from or cause harm to neighboring properties and will be properly
maintained.
F. The proposed use is located in an area or areas for which the site
is suited.
G. The proposed use, where applicable, will be served by public water
and public sewer where and when available, and will not have a negative
effect to the public services and utilities of the surrounding properties.
H. Proposed construction will be consistent with sound design, engineering
and land development practices.
I. The proposed use will provide safe and adequate access to roads (existing
or proposed) and will not result in excessive traffic volumes, and
will involve improvements which may be needed to guarantee compatibility
with adjacent roads.
J. The proposed use will provide for effective sanitation.
K. The proposed use will create the required screening and landscaping as required in this article and the Thornbury Township Subdivision and Land Development Ordinance [Chapter
22].
L. The proposed use, as depicted in the plans for subdivision and/or
land development, includes proposals for landscaping, in addition
to that required as stated above, in areas such as the entrance, along
property boundaries, in areas which are highly visible, such as along
roads, walks or trails and in other places where the use of trees,
shrubs and ground cover would be functional and appropriate.
M. The proposed use will be properly sited, and not be disruptive to
streams, ponds, wetlands and vegetation within the Flood Hazard District
and the Steep Slope Conservation District.
N. The proposed use will provide for adequate off-street parking and
loading in accordance with this article and this chapter.
O. The proposed use will be developed using stormwater management techniques,
and soil erosion and sedimentation control techniques in accordance
with prevailing regulations.
3. The Board may impose such conditions as are necessary to insure any
or all of the above standards and criteria are met as well as compliance
with all other relevant ordinances, regulations, and codes. The Board
of Supervisors may modify setback requirements where deemed necessary
in the public interest.
4. Procedures for Conditional Use.
A. If requested by the Board of Supervisors, the Planning Commission
shall perform a review and provide a recommendation to the Board of
Supervisors concerning the grant of approval or disapproval of the
proposed use. If requested, such review shall be conducted and a written
report submitted to the Board of Supervisors within 30 days of the
date of the first Planning Commission meeting following the date the
plan has been filed. The Planning Commission shall discuss the application
at, at least, one of its regularly scheduled public meetings during
the review period.
B. The Board of Supervisors shall schedule and conduct a public hearing(s)
on the application within 60 days of the acceptance of the application,
unless the applicant has agreed, in writing or on the record, to an
extension of time. Within 45 days following the last hearing on the
application, the Board of Supervisors, shall render a written decision,
or when no decision is called for, make written findings on the application.
In cases where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions of law based
thereon, together with any reasons therefore, and shall otherwise
be in accordance with the provisions of the Municipalities Planning
Code. The Board of Supervisors may attach such reasonable conditions
and safeguards, in addition, to those expressed in the article, as
it may deem necessary to implement the purpose of this article.
5. The grant of approval by the Board of Supervisors for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this article, the Thornbury Township Subdivision and Land Development Ordinance [Chapter
22], and any other applicable Township, state and federal regulations.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 606]
1. Existing vegetation shall be preserved to the maximum extent possible.
2. Landscaping shall be required to screen and buffer as much of the
towers, cellular and wireless towers, facilities and equipment as
possible, the fence surrounding the towers, cellular and wireless
towers, facilities and equipment, and any other ground level features
of the cell site, from the abutting properties.
3. Where the cell site abuts residentially developed land, residential
zoning districts, public land or streets, the cell site perimeter
shall be landscaped with at least one row of deciduous trees, not
less than 3 1/2 inches in caliper, spaced not more than 30 feet
apart, on center, and within 25 feet of the cell site boundary, as
well as at least one row of evergreen trees or shrubs, at least 14
feet high when planted and spaced not more than 15 feet apart and
within 40 feet of the cell site boundary. Alternatives such as walls
or solid fences constructed of wood or stone, of at least eight feet
in height may be permitted by the Board of Supervisors based on security
or other reasons.
4. In the event that no stealthing techniques are proposed by the applicant,
antenna support structure/towers shall be painted gray or have a galvanized
finish retained, in order to reduce the visual impact. Notwithstanding
the foregoing, all antenna support structure/towers shall meet all
Federal Aviation Administration (FAA) regulations. No antenna support
structure/tower may be lighted except when required by FAA.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 607]
A security fence shall be required around the cell site, unless
the antenna is mounted on an existing structure. The security fence
shall be a minimum of eight feet in height and shall otherwise comply
with the height regulations set forth in this chapter.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 608]
If the cell site is fully automated, adequate parking shall
be required for maintenance workers, with a minimum of two parking
spaces provided. If the cell site is not automated, the number of
required parking spaces shall equal the number of people present at
the site on the largest shift.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 609]
1. In conjunction with any application under this article, by right
or conditional use, a one inch equals 50 feet site plan shall be required
for all cell sites showing the antenna, antenna support structure/tower,
metes and bounds description of the cell site area, fencing, buffering
and ingress and egress, as well as construction detail for the cell
site improvements.
2. Following conditional use approval, the applicant shall comply with the land development provisions of the Thornbury Township Subdivision and Land Development ordinance, as amended [Chapter
22], as well as all other rules, regulations, and ordinances of the Township.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 610]
The cell site shall be maintained and kept in good repair as
required by federal, state and Township ordinances not inconsistent
therewith.
[Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999,
§ 611]
Antenna and antenna support structure/towers which are abandoned
for more than six months, present a danger to the health, safety and
welfare of the general public, all abandoned structures shall be removed
from any cell site not more than one year after abandonment. The cell
site owner shall be responsible for any demolition costs related to
the antenna and antenna support structure/towers.