Commercial communications facilities, including
buildings and other structures, are permitted by conditional use in
the Radio and Telecommunications Facility Overlay District, subject
to compliance with the following requirements. The overlay district
has been created to limit the area where such facilities are permitted
to certain lands zoned commercial or office/research and/or lands
having frontage on Interstate No. 95 (I-95) in the general vicinity
of I-95 interchanges and lands already subject to nonconforming commercial
communication facility uses. The overlay district is limited to that
portion of Lower Makefield Township set forth on the Zoning Map attached
hereto as Exhibit "A." Except in the C-3 District, the width of the overlay district
shall be 300 feet measured from the edge of the right-of-way of I-95.
A. In addition to the standards for conditional use as set forth in Article
XXII, the following standards shall apply to conditional uses related to commercial communications facilities:
(1)
The applicant shall submit sufficient documentation
so as to confirm that the facility is designed in accordance with
the standards cited in this chapter for such facilities and with all
applicable safety standards for same. The applicant shall demonstrate
that the proposed facility is constructed in a manner consistent with
all applicable industry standards, and the surrounding area will not
be adversely affected by support structure failure. The facility shall
be designed according to the standards of the American National Standards
Institute and the Telecommunications Industry Association.
(2)
The applicant shall present a site plan showing
the following items:
(a)
Locations of all existing uses and proposed
telecommunications facilities.
(b)
Elevations and drawings of any existing uses
and proposed telecommunications facilities, showing proposed width,
depth, height, architectural style and structural data for any proposed
facilities.
(c)
Vehicular access, fencing, landscaping and any
easements for access and utilities.
(3)
The applicant shall demonstrate that the height
of any facility is the minimum height necessary in accordance with
the provisions of this section.
(4)
The applicant shall provide financial security,
in a form acceptable to the Board of Supervisors, sufficient to secure
to the Township the removal of any tower or similar structure associated
with a commercial communications facility within six months from the
date that such facility ceases to remain in operation.
(5)
In order to reduce the number of commercial
communications facilities in the Township, all facilities, to the
extent reasonably practical, shall be designed so as to permit other
future users, including other telecommunications companies, police,
fire and emergency services to make use of the facility. The applicant
shall demonstrate that other telecommunications licensees have been
contacted with the objective of encouraging collocation of licensed
antennas on the same facility.
(6)
No commercial communications facility shall
be located on any site or building registered on the National Register
of Historic Places.
(7)
The commercial communications facility shall
be fully automated and unattended on a daily basis and shall be visited
only for periodic maintenance or emergency repair.
(8)
A seven-foot-high security fence shall completely
surround any freestanding communications tower.
(9)
An evergreen screen consisting of a row of evergreen
trees planted 10 feet on center shall be provided around the outside
of the security fence.
B. Additional standards for commercial communications
facilities when combined with another use on a lot. A commercial communications
facility shall be permitted on a lot with another permitted use or
lawful nonconforming use subject to the general standards and the
following additional requirements:
(1)
The commercial communication facility use may
consist of a leasehold interest or easement but must be adequate to
meet the requirements of this chapter, and it must be demonstrated
that there is a legitimate and recognized property interest.
(2)
Vehicular access to the facility shall not interfere
with the parking or circulation for the site of the principal use.
(3)
Documentation from the owner of the principle
use indicating that an easement, lease or other any other interest
in the property has been provided to the operator of the commercial
communications facility.