Township of Lower Makefield, PA Article XIIIC Amateur Radio Facility Overlay District

[Added 1-21-2009 by Ord. No. 373]

§ 200-50.3 Use regulations; design standards.

A. Purpose and findings.

(1) The Board of Supervisors deems it appropriate and prudent to establish an amateur radio overlay district in certain areas of the Township to accommodate the needs and interests of those members of the community who engage in this activity; and

(2) The Board of Supervisors finds that amateur radio use is an important pastime and activity for many residents in the Township; and

(3) Engaging in amateur radio use necessitates the installation of an antenna to send and receive certain radio signals and frequencies, and the height of the antenna has a direct effect on the frequency transmission range of the radio signal; and

(4) The Board of Supervisors desires to promote and advance the interests of all residents of the Township in accordance with its responsibility to protect the health, safety and welfare of Lower Makefield Township; and

(5) The Board of Supervisors finds that among its responsibilities in protecting and promoting the Township is to protect and preserve the health, safety, welfare and aesthetics of Lower Makefield Township; and

(6) The Federal Communications Commission of the United States of America (FCC) issued PRB-1; FCC 85-506 (FCC Order PRB-1) which declared a federal limited preemption policy which prohibits state and local regulations that preclude amateur communications; and

(7) FCC Order PRB-1 also provides that local ordinances may regulate certain aspects of amateur radio antennae, including the height, placement and screening of the antennae, based on health, safety or aesthetic considerations, so long as such regulations reasonably accommodate amateur communications and represent the minimum practicable regulation to accomplish the local authority's legitimate purpose; and

(8) The Board of Supervisors of the Township of Lower Makefield Township, County of Bucks, Commonwealth of Pennsylvania, is empowered to enact and establish zoning districts, classifications and regulations pursuant to the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101-11202, as amended; and

(9) The Board of Supervisors is empowered by the Pennsylvania Second Class Township Code, 53 P.S. § 65101 et seq., as amended, to make and adopt ordinances, bylaws, rules and regulations that are necessary to provide for, among other things, the maintenance of peace, safety, health and welfare of the Township and its citizens; and

(10) The Board of Supervisors finds that the safety, health and aesthetics of the Township have a substantial and direct impact on the quality of life in Lower Makefield Township; and

(11) In accordance with its powers under the Second Class Code and the Municipalities Planning Code, and in compliance with FCC Order PRB-1, the Board of Supervisors finds that it is important to regulate certain aspects of amateur radio antennae and facilities, including, but not limited to, the height, placement and screening of amateur radio antennae and facilities in the Township to preserve the health, safety and welfare of all residents of the Township.

B. Definitions. As used in this section, the following terms shall have he meanings indicated:

AMATEUR OPERATOR

A person named in an amateur operator/primary license station grant on the Universal Licensing System (ULS) consolidated licensee database to be the control operator of an amateur station.

AMATEUR OPERATOR LICENSE

A license granted by the Federal Communications Commission authorizing a person to engage in the operation of an amateur station and amateur radio service.

AMATEUR RADIO SERVICE

A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.

AMATEUR RADIO TOWER

A structure, mast, pole or tower mounted on the ground or on an existing structure, designed to elevate and/or mount an antenna to be used for amateur radio service by an amateur operator.

AMATEUR STATION

A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications and licensed by the Federal Communications Commission.

ANTENNA

Any exterior apparatus designed for wireless radio communications through the transmission or reception of electromagnetic waves.

C. Amateur Radio Facility Overlay District (ARF), generally.

(1) The Amateur Radio Facility Overlay District (ARF) is an overlay zoning district located in the Low-Density (R-1), Medium-Density (R-2), Single-Family High Density (R-3), Single-Family High Density Modified (R-3M) and Multiple-Family High Density (R-4) Township zoning districts. The purpose of establishing the Amateur Radio Facility Overlay District (ARF) is to designate the areas where amateur radio service may be performed; to advance regulations related to the placement, height and screening that must be provided by the amateur radio operator and must accompany amateur radio antennae in the Township; and to locate such amateur radio antennae so that they are not adverse to the health, safety, and general welfare of the residents of the Township of Lower Makefield. The overlay district is limited to that portion of Lower Makefield Township set forth on the Zoning Map attached hereto as Exhibit A.[1]

[1] Editor's Note: The Zoning Map is on file in the Township offices.

(2) In addition to the requirement that antennae in the Amateur Radio Facility Overlay District (ARF) adhere to the standards and requirements set forth in Chapter 200, the following standards and requirements shall apply to height, placement and screening of amateur radio antenna:

(a) Establishment and location of district.

[1] Establishment of district. The Lower Makefield Township Zoning Ordinance and Map are hereby amended by the creation of an overlay zoning district known as the "Amateur Radio Facility Overlay District (ARF)."

[2] Location of district. The Amateur Radio Facility Overlay District (ARF) is identified and comprised of all properties or portions thereof within Low-Density (R-1), Medium-Density (R-2), Single-Family High Density (R-3), Single-Family High Density Modified (R-3M) and Multiple-Family High Density (R-4) Township zoning districts, subject to the restrictions and regulations contained herein.

(b) Permitted use. An amateur operator shall submit an application to the Township Department of Zoning, Inspections and Planning prior to erecting any amateur radio tower or the installation thereon of an antenna or antennae. Such applicant shall be permitted to erect and use an amateur radio tower or an antenna in the Amateur Radio Facility Overlay District (ARF) subject to the following requirements:

[1] Height of amateur radio tower. The maximum height of an amateur radio tower, including any antennae thereon, above the finished grade, as defined in § 200-7 of the Lower Makefield Township Zoning Ordinance, nearest the tower or the antenna shall be no more than 65 feet in height measured from nearest finished grade to the top of the amateur radio tower or antenna, whichever is higher.

(c) General regulations.

[1] Location of amateur radio tower. An amateur radio tower, and any portion of an antenna located thereon, shall be located no closer than the equivalent height of the amateur radio tower above the nearest finished grade from any property line, aboveground power line, below-ground power line or natural gas conduit. An amateur radio tower and/or an antenna may be placed on top of a home or housing structure, subject to the height and other dimensional requirements in this chapter and provided that such placement complies with any state or federal guidelines and prior written permission is supplied by the property owner. If no such guidelines exist, then the applicant shall present such information to the Township as shall assure the Township of the safety and security of such antenna configuration. No amateur radio antenna shall be located in the front yard (as defined in § 200-7) of any property or between a principal building and any right-of-way line.

[2] Spacing. An amateur radio tower, and any portion of an antenna thereon, shall not be located closer than 50 feet to any public street, road or right-of-way, as measured from the ultimate right-of-way of such street or road to the closest portion of such amateur radio tower or any antenna thereon. Amateur radio towers, including any antenna thereon, shall not be located closer than 50 feet from another amateur radio tower or any antenna thereon, measured linearly along each side of the Amateur Radio Facility Overlay District (ARF). Guy wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements prescribed in the Township Zoning Ordinance.

[3] Lighting. The amateur radio tower and any antenna thereon shall conform with such federal regulations as are promulgated by the Federal Communications Commission, the Federal Aviation Administration or such other federal or state governing body with respect to illumination or other lighting requirements. No lighting is permitted on any amateur radio tower and any antenna thereon unless required by federal regulations.

[4] Lot size. The minimum lot size for a property on which an amateur radio tower may be located shall be such minimum square footage as is provided in Chapter 200 for lots within the applicable zoning district.

[5] Maintenance and inspection of amateur radio tower and antenna. All amateur radio towers and antenna shall be subject to periodic inspections by the Township. The Township may at its discretion inspect all or any amateur radio towers and antennae, but the Township is in no way obligated to inspect all or any of the amateur radio towers and antennae within the Township. All amateur radio towers and antennae shall be structurally sound and maintained in good condition and shall be in compliance with all rules and regulations promulgated by the Federal Communications Commission, as well as all applicable building codes. If the amateur radio tower and/or antenna are not structurally sound or are in poor condition, the amateur radio tower and antenna shall be immediately removed or remedied at the amateur operator's expense. The amateur radio tower and any antenna thereon shall be outfitted with such lightning-preventive, fire-retardant and/or grounding devices as are necessary to avoid damages resulting from lightning strikes, sparks or other fire-causing events.

[6] Fencing and anti-climbing devices. Every amateur radio tower that is erected at the ground level shall be surrounded by fencing seven feet in height. Additionally, every such amateur radio tower shall be equipped with an approved anti-climbing device. The fencing shall be constructed of chain link, solid masonry, solid wooden or picket (with spacing no greater than two inches) and a gate which is equipped with a self-latching, self-locking lock or other alternative as approved upon request by the Code Enforcement Officer.

[7] Plans required. The applicant shall submit all applications and plans as required by the codes or ordinances of the Township of Lower Makefield, including, but not limited to, the Lower Makefield Township Zoning Ordinance.

[8] Insurance. The applicant shall present to the Township evidence of liability insurance in at least the minimum amount of $100,000. Such insurance policy shall insure the applicant against any damage caused by an amateur radio tower or antenna owned by the applicant in the Township. Insurance shall be provided to pay for all damages which may be caused either to a person or persons, or to property by reason of the amateur radio tower or any antenna thereon or any acts of the amateur operator, the amateur operator's affiliates, amateur operator's agents, employees or subcontractors in relation to the operation of the amateur radio tower or antenna or the amateur radio station.

[9] Licensing. Prior to issuance of a permit by the Township to approve the commencement of operations of an amateur station, the amateur operator must present to the Township proof that the amateur operator holds an amateur operator license from the Federal Communications Commission and any other state or federal department or agency that requires permitting.

[10] Placement expressly prohibited. No amateur radio tower or antenna may be placed within the Radio Telecommunication Facility (RTF) Overlay District, the Residential Resource Protection (R-RP) District, the Historic Commercial (HC) districts or on a building, structure or property that is listed on a historical register.

D. Additional regulations. All amateur radio towers and antennae shall comply with any and all applicable zoning regulations not specifically established herein and any and all Township, state and/or federal standards and regulations, including, but not limited to, the Lower Makefield Township Zoning Code, the Pennsylvania Second Class Township Code, the International Building Code and the regulations of the Federal Communications Commission. In the event that any additional law or regulation of the Commonwealth of Pennsylvania or the United States Federal Government conflicts with any provision of this chapter, the parties shall abide by the terms and interpretation of the law or regulation of the Commonwealth of Pennsylvania or the United States Federal Government, whichever shall be deemed to control. If any controlling standard or regulation of an amateur radio tower or antenna or amateur operator licenses is changed or modified, the amateur operator shall bring such amateur radio tower or antenna or license into compliance with such revised standards or regulations within six months of the effective date of such standards and regulations, unless a more stringent standard or regulatory regime is implemented by the controlling federal agency. Failure to bring such antenna into compliance shall constitute grounds for the removal of the antenna at the amateur radio operator's expense. No amateur radio tower or antenna shall be used for any commercial use. All other nonconflicting provisions shall remain in full force and effect.