[Added 11-13-1997 by Ord. No. 1045,
approved 11-13-1997]
The purpose of this article is to establish
general guidelines for the siting of wireless communications towers
and antennas. The goals of this article are to encourage the location
of towers in nonresidential areas, where possible; minimize the total
number of towers throughout the community; strongly encourage the
joint use of new and existing tower sites as a primary option rather
than construction of additional single-use towers; encourage users
of towers and antennas to locate them, to the extent possible, in
areas where the adverse impact on the community is minimal; encourage
users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas through careful
design, siting, landscape screening and innovative camouflaging techniques;
enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently; consider the public health and safety of communications
towers; avoid potential damage to adjacent properties from structural
failure of the tower through engineering and careful siting of tower
structures; and permit and manage reasonable access to the public
ways for telecommunications purposes on a competitively neutral basis.
In furtherance of these goals, the Borough of Glenolden shall give
due consideration to the Borough of Glenolden's Zoning Map, existing
land uses and environmentally sensitive areas in approving sites for
the locations of towers and antennas.
As used in this article, the following terms
shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any transmitting or receiving device mounted on a tower,
building or structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long-distance
providers, or the public switches telephone network.
The Council for the Borough of Glenolden.
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 to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this article, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
All that property owned, leased or otherwise controlled by
the Borough of Glenolden, including its rights-of-way, and including
the rights-of-way of state highways located in the Borough with the
permission or acquiescence of the state.
B.
Amateur radio station operators/receive-only antennas.
This article shall not govern any tower or the installation of any
antenna that complies with the pertinent height requirement of the
Zoning Code and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receiving-only antennas.
D.
AM array. For purposes of implementing this article,
an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
A.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to Council an inventory of its
existing towers, antennas or sites approved for towers or antennas
that are either within the jurisdiction of the Borough of Glenolden
or within one mile of the border thereof, including specific information
about the location, height and design of each tower. The Council may
share such information with other applicants applying for administrative
approvals or special use permits under this article or other organizations
seeking to locate antennas within the jurisdiction of the Borough
of Glenolden; provided, however, that the Council is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable.
B.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
Towers shall be either blue reinforced concrete or,
subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening and landscaping that will blend them into the natural setting
and surrounding buildings.
(3)
If an antenna is installed on a structure or a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
C.
Lighting. Towers shall not be officially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternative and design chosen must cause
the least disturbance to the surrounding views.
D.
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this article shall bring such towers and antennas 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 towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
E.
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
designed, constructed and maintained in compliance with standards
contained in applicable state or local building codes and the applicable
standards for towers that are published by the Electronic Industries
Association, as amended from time to time. All towers shall be designed
by a licensed professional engineer registered in the State of Pennsylvania,
and all drawings submitted for approvals shall be signed and sealed
by the same engineer responsible for the design. All construction
shall be supervised by qualified personnel, and a certification shall
be prepared and presented to the Borough by a licensed professional
engineer registered in the State of Pennsylvania that the design and
construction conform to the highest standards of engineering and construction.
If, at any time, the Borough of Glenolden concludes that a tower fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
F.
Not essential services. Towers and antennas shall
be regulated and permitted pursuant to this article and shall not
be regulated or permitted as public utilities or private utilities.
G.
Franchises. Owners and/or operators of towers or antennas
shall certify that all licenses or franchises required by law for
the construction and/or operation of a wireless communication system
in the Borough of Glenolden have been obtained and shall file a copy
of all required licenses or franchises with the Council.
H.
Public notice. For purposes of this article, any special
exception request or appeal of an administrative decision shall require
public notice pursuant to the dictates of the Zoning Code.
I.
Signs. No signs shall be allowed on an antenna or
tower, except as required by law.
J.
Support equipment. The support equipment associated with antennas or towers shall comply with the requirements of § 162-83.
K.
Multiple antenna/tower plan. The Borough of Glenolden
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
L.
Collocation. In order to reduce the number of towers
in Glenolden Borough in the future, the proposed tower, if required
by the Council and/or Zoning Hearing Board, shall be designed to accommodate
future communications users, including commercial wireless communications
companies, local police, fire and ambulance companies.
M.
Service to the Borough. A provider of telecommunications
service within the Borough of Glenolden shall make its telecommunications
services available to the Borough at its most favorable rate for similarly
situated users, unless otherwise provided for in a lease, license
or franchise agreement.
A.
General. The following provisions shall govern the
administrative review of towers and antennas:
(1)
The Borough Council shall administratively review
each request for the siting and/or erection of any tower or antenna.
(2)
Each applicant for administrative review shall in the first instance apply to the Council, providing the information set forth in § 162-82B(1) and (3) of this article and a nonrefundable charge as established by resolution of the Council to reimburse the Borough for the costs associated with reviewing the application. This is in addition to any other applications or fees that may be required.
(3)
The Council shall review the application to determine if the proposed use complies with §§ 162-79 and 162-82C of this article. The Council shall also consider the factors set forth at § 162-82B(2) and (7), inclusive.
(4)
In connection with any such administrative review pursuant to § 162-82, the Council may recommend to the Zoning Hearing Board reduction of the setback requirements in § 162-82B(4) and the separation distances between towers in § 162-82B(5).
(5)
In connection with any such administrative approval,
the Council may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
A.
Telecommunications Overlay District. A Telecommunications
Overlay District is hereby created. This Telecommunications Overlay
District applies to all zoning districts in Glenolden. The Telecommunications
Overlay District (TO) shall consist of property owned, leased or otherwise
controlled by the Borough of Glenolden, including its rights-of-way
and including the rights-of-way of state highways within the Borough,
with the permission or acquiescence of the state.
B.
Locating antennas or towers within a Telecommunications
Overlay District is a use specifically permitted, provided that:
C.
All towers and antennas erected, installed or located
as a permitted use shall be located so as to minimize the adverse
visual impact of the tower and/or antenna.
A.
General. The following provisions shall govern the
issuance of a special exception for towers or antennas:
(1)
If the tower or antenna is not permitted pursuant to § 162-81 of this article, a special exception shall be required for the construction of a tower or the placement of an antenna in all zoning districts other than residence districts. Towers and antennas are allowed in residential districts pursuant to § 162-81 only.
(2)
Administrative approval pursuant to § 162-82 of this article shall be requested at the time an applicant files a request for a special exception.
(3)
Applications for special exceptions under this section
shall be subject to the procedures and requirements of the Glenolden
Zoning Ordinance, including the usual costs and fees.
(4)
In granting a special exception, the Zoning Hearing
Board (ZHB) may impose conditions to the extent the Zoning Hearing
Board concludes such conditions are necessary to minimize any adverse
effect of the proposed tower or antenna on adjoining properties.
(5)
Any information of an engineering nature that the
applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer registered in the
State of Pennsylvania.
(6)
An applicant for a special exception shall submit,
in duplicate, the information described in this section with one copy
for the Council and the other copy for the Zoning Hearing Board.
B.
Towers.
(1)
Information required. In addition to any information
required for applications for a special exception, applicants for
a special exception for a tower shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection B(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Council to be necessary to assess compliance with this article.
(b)
A legal description of the parent tract and
leased parcel (if applicable).
(c)
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 162-79A shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape
materials.
(f)
Method of fencing and finished color and, if
applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(i)
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
(j)
A description of the feasible location(s) of
future towers or antennas within the Borough of Glenolden based upon
existing physical, engineering, technological or geographical limitations
in the event that the proposed tower is erected.
(2)
Factors considered in granting a special exception
for towers. In addition to any standards for consideration of special
exception applications pursuant to the Zoning Ordinance, the Zoning
Hearing Board shall consider the following factors in determining
whether to issue a special exception, although the Zoning Hearing
Board may waive or reduce the burden on the applicant of one or more
of these criteria if the Zoning Hearing Board concludes that the goals
of this article are better served thereby:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures
and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(g)
Proposed ingress and egress, with particular
reference to access via streets in nonresidential districts.
(3)
Availability of suitable existing towers, other structures
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Zoning
Hearing Board that no existing tower, building, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the Council related to the availability of
suitable existing towers, buildings, other structures or alternative
technology. Evidence to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
(a)
No existing towers, buildings or structures
are located within the geographic area which meet applicant's engineering
requirements.
(b)
Existing towers, buildings or structure are
not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers, buildings or structures do
not have sufficient strength to support the applicant's proposed antenna
and related equipment.
(d)
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers,
buildings or structures or the antenna on the existing towers, buildings
or structures would cause interference with the applicant's proposed
antenna.
(e)
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures suitable.
(g)
The applicant demonstrates that an alternate
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall
apply to all towers and antennas for which a special exception is
required; provided, however, that the Zoning Hearing Board may reduce
the standard setback requirements if the goals of this article would
be better served thereby:
(5)
Separation. The following separation requirements
shall apply to all towers and antennas for which a special exception
is required; provided, however, that the Zoning Hearing Board may
reduce the standard separation requirements if the goals of this article
would be better served thereby:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[2]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
Separation From Off-Site Uses/Designated
Areas
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| |
|
Single-family or duplex residential units1
|
500 feet or 300% height of tower2, whichever is greater
| |
|
Vacant single-family or duplex residentially
zoned land which is either platted or has preliminary subdivision
plan approval which is not expired
|
500 feet or 300% height of tower2, whichever is greater
| |
|
Existing multifamily residential units greater
than duplex units
|
250 feet or 150% height of tower, whichever
is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
| |
|
NOTES:
1Includes modular
homes and mobile homes used for living purposes.
2Separation measured
from base of tower to closest building setback line.
| ||
(b)
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown in Table 2.
|
Table 2
Separation Distances Between Towers
| ||||
|---|---|---|---|---|
|
Existing Tower Types
| ||||
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less than 75 feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(6)
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device; provided, however, that the
Council or Zoning Hearing Board may waive such requirements, as it
deems appropriate.
(7)
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a special exception is
required; provided, however, that the Council or Zoning Hearing Board
may waive such requirements if the goals of this article would be
better served thereby.
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences. The standard buffer
shall consist of a landscaped strip at least four feet wide outside
the perimeter of the compound.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
C.
Antennas. The applicant shall demonstrate that the
antenna(s) is the minimum height required to function satisfactorily
to serve the technical requirements of the applicant.
A.
Antennas mounted on rooftops. The equipment cabinet
or structure used in association with legally placed antennas mounted
on rooftops shall comply with the following:
(1)
The cabinet or structure shall not contain more than
10 square feet of gross floor area or be more than eight feet in height.
In addition, for buildings and structures which are less than 65 feet
in height, the related unmanned equipment structure, if over 10 square
feet of gross floor area or eight feet in height, shall be located
on the ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof
of a building, the area of the equipment structure and other equipment
and structures shall not occupy more than 1% of the roof area.
(3)
Equipment storage cabinets or structures shall comply
with all applicable building codes.
B.
All other legally placed antennas. For all other legally
placed antennas, the related unmanned equipment cabinet or structure
shall comply with all applicable building codes and shall contain
no more than 16 square feet of gross floor area nor be more than 12
feet in height and may be located:
(1)
In the front or side yard, provided that the cabinet
or structure is no greater than six feet in height or 16 square feet
of gross floor area and the cabinet/structure is located a minimum
of five feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge, with an ultimate height of at least 60 inches
to 66 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided that the cabinet or structure
is no greater than six feet in height or 16 square feet in gross floor
area. The cabinet/structure shall be screened by an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
36 inches.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned, and
the owner of such antenna or tower shall remove the same within 90
days of receipt of notice from the Council notifying the owner of
such abandonment. Failure to remove an abandoned antenna or tower
within said 90 days shall be grounds for the Borough to cause the
removal of the tower or antenna at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
A.
Not an expansion of nonconforming use. Towers that
are constructed and antennas that are installed in accordance with
the provisions of this article shall not be deemed to constitute the
expansion of a nonconforming use or structure.
B.
Preexisting towers. Preexisting towers shall be allowed
to continue their usage as they presently exist. Routine maintenance
(including replacement with a new tower of like construction and height)
shall be permitted on such preexisting towers. New construction other
than routine maintenance on a preexisting tower shall comply with
the requirements of this article.
C.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 162-84, preexisting nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special exception and without having to meet the separation requirements specified in § 162-82B(4) and (5). The type, height and location of the tower on site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained with 180 days from the date the facility is first damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 162-84.
