[HISTORY: Adopted by the Board of Supervisors of the Township of
Loyalsock 5-28-2002 by Ord. No. 290. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 215.
A.
To provide for required telecommunications infrastructure,
while minimizing the negative impacts of the telecommunications infrastructure
in populated areas, and preserve and protect the scenic quality of the Township.
B.
To encourage and maximize the shared use of existing
towers, buildings and other appropriate structures for collocation of telecommunications
antennas.
C.
To reduce the visual impact on the landscape of extraordinary
large tower structures which also provide community service.
D.
To ensure that new towers and telecommunications antenna
arrays will be safe, suitably placed and blend into the environment.
Where used in this chapter, the following terms shall have the meanings
indicated:
To cease from maintaining, practicing or using.
An existing telecommunications tower, building or structure having
an existing telecommunications antenna(s) located on it.
A building or cabinet containing communication equipment required
for the operation of antennas, covering a floor area no greater than 250 square
feet and not more than 12 feet in height measured to the highest point from
finished grade at the wall, which is an accessory structure to the primary
use of the communications tower and respective telecommunications antenna.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to hold communications antenna(s), which
may be owned privately or by any governmental agency whether located on public
or private land. Also referred to as “telecommunications tower”
or “tower” in this section.
The vertical distance measured from the ground level at finished
grade at the base of the structure to the highest point on the telecommunications
tower, inclusive of vertical antennas, which may be accommodated on any particular
tower.
A structure owned and operated by a public utility company regulated
by the Pennsylvania Utility Commission.
Any device or appliance 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 antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC), or by any governmental agency, to operate such device. Also referred to as “antenna.” Building-mounted base station antennas and pole-mounted antennas under 50 feet tall and hobby-use ham radio antennas under 50 feet tall and residential satellite dishes or residential television reception antennas shall be exempt from this provision. Said residential apparatus shall be subject to § 215-12G(3) of the codification of ordinances.
A.
A communications tower and/or telecommunications antenna(s)
owner shall secure a building/zoning permit prior to site preparation and
construction and prior to operation of an existing tower upon change of primary
use. A zoning permit shall be secured to attach any communications antenna
to any tower, structure, and any building. Said communications towers are
allowed to be placed, installed or constructed as conditional uses in the
Industrial District (I) and Agricultural-Rural Residential District (A-R)
only.
B.
The permit application shall demonstrate that the communications
tower structure applicant has secured at least one antenna contract agreement
to locate on such tower and:
(1)
All state and federal permits have been secured prior
to application with the Township; the tower shall be designed and constructed
to all applicable standards of the American Nation Standards Institute, ANSI/EIA-222-F
Manual, as amended. The professional engineer of the applicant has certified
that the tower complies with these standards and with the Zoning Ordinance
provisions.[1]
(2)
The tower will not interfere with reception in nearby
residential areas. Towers and telecommunications antennas shall not be located
on any single-family detached dwelling, two-family dwelling, duplex dwelling,
townhouse or multifamily complex. All telecommunications antennas shall comply
with all applicable standards that govern human exposure to electromagnetic
radiation. A statement from a qualified, licensed professional engineer shall
be provided which states that the Non-ionizing Electromagnetic Radiation (NIER)
emitted from any antenna(s) on any other proposed location do not result in
an exposure at any point on or outside such facility exceeding the lowest
applicable exposure standards established by any state or federal agency.
Compliance with applicable FCC regulations to address noninterference on normal
reception of other radio wavelengths used by aircraft, boats, etc. is required.
(3)
The tower shall be positioned in such a manner that it
can not collapse onto adjacent property or create a safety hazard; adjacent
property includes land of others with or without buildings and streets. A
hold-harmless agreement shall be filed that holds the municipality harmless
of liability due to any unforeseen collapse onto adjacent property. The tower
must be certified to collapse within the property area leased by the owner
of the tower. Certification, that collapse of the tower complies with the
above section, by a professional engineer shall be provided.
(4)
A professional engineer has certified the tower design,
including all associated facilities and supporting structures, guy wires,
wind load, ground connections/anchors, etc., are based on sound engineering
practices, including seismic design criteria. After original construction
of a tower, a new engineering certification as described above shall be submitted
for each additional antenna or group of antennas added to the tower. The tower
shall be designed to accommodate not less than four telecommunications antennas,
and the tower is to be finished in nonreflective material. Single telecommunications
antenna towers may be allowed when certain circumstances arise that are justified
by the applicant.
(5)
Assurance there is room for maintenance vehicles to maneuver
on the property. The applicant shall demonstrate on the site plan that parked
vehicles at the facility will not impede traffic on adjoining roadways. The
cartway shall be surfaced with a mud-free durable gravel surface. Grade of
access drive shall be designed in compliance with stormwater runoff regulations.
(6)
A tower removal performance bond shall be provided to
the Township in an amount approved by the Township Board of Supervisors. Said
bond shall remain with the Township and may be invoked upon failure by the
tower owner to remove an abandoned tower.
(7)
When collocation is not proposed, the applicant shall
provide the following:
(a)
Evidence from a qualified licensed professional engineer
that, in terms of location and construction, there are no existing towers,
buildings, structures, elevated tanks, silos or similar structures able to
provide the platform for the telecommunications antenna within a one-mile
radius of the selected location in the application.
(b)
A coverage diagram and/or technical reports that demonstrate
collocation on existing towers or other structures is not technically possible
to serve required needs, or that planned equipment would exceed the structural
capacity of existing towers or other structures, and that structural reinforcement
is not feasible.
(c)
Evidence that the planned telecommunications antenna
and equipment installation will cause radio frequency (RF) interference with
existing or planned equipment for that tower, and such interference cannot
be prevented as controlled by the FCC.
(d)
Evidence that existing or approved towers do not have
the space on which the planned telecommunications antenna can be placed so
that it can function effectively and at least in parity with the other similar
planned or existing antenna(s).
(e)
Additional reasons particular to the applicant which
make it impractical to place a telecommunications antenna on existing or approved
towers, structures, buildings or any other buildings.
(f)
The Loyalsock Township Board of Supervisors reserves
the right to hire an independent consulting engineer to review the engineering
certifications, documents and reports submitted by the applicant, at the applicant’s
expense.
C.
The applicant shall show evidence of having exhausted
collocation options with existing communications towers and existing buildings
or other structures to place any telecommunications antenna. The collocation
option for a telecommunications antenna shall not require conditional use
approval. To be permitted under the collocation option the following shall
be required:
(1)
Telecommunications antennas may be attached to any existing
building or structure in all zoning districts, including but not limited to
large hotel buildings, municipal or governmental buildings, water towers,
any agricultural building such as silos, and electrical transmission towers.
Telecommunications antennas shall not be located on any residential buildings
listed in previous Subsection B(2).
(2)
Telecommunications antenna shall be permitted to exceed
the height limit of the applicable zoning district by no more than 20 feet,
when located on an existing building.
(3)
When the use of an existing structure is proposed, the
applicant shall submit evidence from a registered professional engineer certifying
the proposed installation will not exceed the structural capacity of the existing
building or other structure, considering wind and other loads associated with
telecommunications antenna placement. A hold-harmless agreement to indemnify
the municipality of liability shall be provided.
(4)
Telecommunications antennas located on existing structures
and buildings shall be architecturally compatible with respective buildings/structures.
Telecommunications antennas shall be designed to blend into the community
when located on existing buildings/structures. A detailed construction and
elevation drawing shall be submitted to indicate the telecommunications antenna’s
mounting on the structure or building to ascertain how it will be seen in
the community viewed from ground level.
(5)
Applicant shall submit agreement and/or easements necessary
to provide access to and use of the building or structure on which the telecommunications
antennas are to be located so that installation and maintenance of telecommunications
antennas can be accomplished.
D.
Maintenance/abandonment. The tower shall be regularly
maintained and inspected by a properly qualified professional at least annually
for structural safety, as a condition of permit validity. Upon abandonment
of use, the tower and all associated equipment shall be dismantled and removed
from the property within ninety (90) consecutive calendar days of notice from
the Township Zoning Administrator, Codes Enforcement Officer or Building Official.
The following shall be provided by the applicant at applicant’s expense
to the Township Codes Department:
(1)
An annual inspection report shall be submitted not later
than June 30 of every calendar year.
(2)
At any time that a tower becomes abandoned, the applicant
shall supply such information to the Township Zoning Administrator, Codes
Enforcement Officer or Building Official the day that abandonment occurs.
The Township Zoning Administrator, Codes Enforcement Officer or Building Official
shall issue the notice to the applicant/tower owner that the tower shall be
dismantled and removed within 90 consecutive days from date of notice. Township
enforcement proceedings of fines and invoking the tower removal bond to remove
the tower shall occur after the ninety-consecutive-calendar-day period if
the subject tower has not been removed.
E.
The tower shall have either a locked anticlimbing device
installed on the tower, or the tower and all supporting equipment shall be
completely enclosed by a locked protective fence at lease six feet in height
with barbed wire or other wire approved by the Township Supervisors located
above the top.
F.
The tower shall have at least one sign at the base of
the tower warning of possible electrical shock or high voltage. At least one
sign shall be placed at the access entrance with a street identifying the
driveway as private and including emergency contact information. Sign sizes
shall not exceed three square feet. Exterior site lighting shall be prohibited
unless it is necessary for security, is not in conflict with FAA requirements
and does not glare unto any adjacent properties or rights-of-way.
G.
All mechanical or electrical equipment must be locked
and properly secured to prevent unauthorized access. All service lines for
electrical, telephone or other capable wires shall be placed underground unless
otherwise approved by the Board of Supervisors.
H.
Landscaping:
(1)
A landscaping plan must be submitted for review by the
Township Planning Commission and approval of the Board of Supervisors.
I.
Historic properties. Antennas and towers shall be prohibited
from locating on any site or building that is defined as a historic site or
historic building per the State of Pennsylvania or the federal government.
J.
Towers are encouraged to be designed to appear as trees,
farm silos and natural features, if feasible. Materials used in towers and
antennas shall not detract from the surrounding community appearance.
