The Allegheny Township Board of Supervisors believes that it
is in the best interest of the health, safety and welfare of the citizens
of Allegheny Township to provide for the regulations and placement
of telecommunications towers and facilities as conditional uses subject
to the approval of the Board of Supervisors and consistent with the
requirements of the Telecommunications Act of 1996, and hereby requires
the following provisions:
A. A communication tower which is attached to an existing communications tower, smokestack, water tower or other tall structure shall be permitted as a conditional use in all zoning districts, subject to the following regulations and only after review and recommendation by the Allegheny Township Planning Commission and final approval by the Allegheny Township Board of Supervisors. Any communication antenna which is either not mounted on an existing structure or is more than 10 feet higher than the structure on which it is mounted shall only be permitted as a conditional use in the zoning districts specified in Subsection
B.
(1)
If a communication antenna is proposed to be attached to an
existing structure, there shall be no minimum building setback requirements
for the antenna.
(2)
If a communication antenna is proposed to be attached to an
existing structure, the antenna shall be no more than 10 feet higher
than the structure it will be mounted on. Furthermore, no communication
antenna shall infringe on the Westmoreland County or Allegheny Township
Airport Overlay Zoning District. Any communication antenna proposed
within the Westmoreland County or Allegheny Township Airport Overlay
Zoning District shall specify on the application the exact existing
elevation of the site where the proposed antenna is to be located
and in which overlay zone of the Airport Overlay Zoning District the
site is located.
(a)
Any communication antenna proposed within the Westmoreland County
or Allegheny Township Airport Overlay Zoning District shall provide
written approval of the antenna location from the Federal Aviation
Administration.
(b)
If the Federal Aviation Administration does not have the authority
to approve the site location, antenna height and lighting, the applicant
shall provide the Township with written confirmation that the Federal
Aviation Administration does not regulate the site location, antenna
height and lighting.
(3)
If any accessory equipment building or structure is proposed
to accommodate the communication antenna, the following regulations
shall be adhered to:
(a)
The building or structure shall be set back at least 40 feet
from the street and at least 20 feet from all other property lines.
(b)
The maximum building height shall be 12 feet.
(c)
The accessory equipment building or structure shall be constructed
on the exterior with wood, brick, stucco or metal.
(d)
The accessory equipment building or structure shall not include
any offices, long-term vehicle storage, other outdoor storage or broadcast
studios, except for emergency purposes or other uses that are not
needed to send or receive transmissions.
(e)
The maximum gross floor area of the accessory building or structure
shall be 360 square feet.
(4)
Lighting for the communication antenna shall be in accordance
with the following regulations:
(a)
Lighting shall be required for the tower as a safety measure
for low-flying aircraft. The proposed lighting plan for the tower
shall be approved by the Federal Aviation Administration. The lighting
plan for the tower shall be oriented in a manner so as not to unnecessarily
project onto surrounding residential property.
(b)
Any proposed security lighting for the accessory equipment building
or structure shall be minimized as much as possible. Also, no lighting
proposed shall project onto adjoining properties.
(5)
If any new access to the site is proposed, the following regulations
shall be adhered to:
(a)
Access shall be exclusively by means of a public street. If
possible, direct access from a local street shall be avoided.
(b)
At least one parking space shall be provided at the site.
(c)
The access drive to the site shall be at least 12 feet in width
and improved with material acceptable to the Township Engineer. No
access drive shall be of a dirt or unimproved nature.
(6)
If deemed necessary by the Board of Supervisors, fencing and/or
signage may be required in accordance with the following regulations:
(a)
If fencing is required, it shall be a minimum of six feet in
height and shall have a locked gate.
(b)
If high voltage is provided at the site, signs shall be posted
at intervals of not more than 20 feet along the exterior perimeter
of the site. The signs shall say "Danger — High Voltage," and
the words shall be legible from a distance of 20 feet.
(7)
Any abandoned or unused communication antenna shall be removed
by the owner within 12 months of the date the antenna was abandoned
or last used. If a communication antenna is abandoned, the owner shall
be required to immediately notify the Township in writing of the abandonment.
(8)
If only a communication antenna is proposed and no accessory
building(s) will be located on the site, no landscaping plan shall
be required. However, if any accessory building(s) is proposed in
conjunction with the communication antenna, landscaping shall be required
as follows:
(a)
The entire perimeter of the site shall be landscaped with trees,
shrubs, plants and/or flowers. At least one tree shall be provided
for every 20 feet of exterior linear property distance. The trees
may be evenly spaced or may be grouped together to provide a creative
site design. If trees are grouped, other areas of the exterior property
lines which are not provided with tree landscaping shall be provided
with other landscaping, such as shrubs, in order to provide for the
full landscaping of the exterior property lines.
(b)
The perimeter of any accessory building or structure shall be
landscaped with trees, shrubs, plants and/or flowers. The landscaping
shall be adequate to cover outward-facing walls of the accessory building
or structure.
(c)
For the above-specified landscaping, a mixture of hardy flowering,
shade and/or decorative evergreen and deciduous trees may be planted.
If feasible, species of plants which are native to the western Pennsylvania
region shall be utilized. Decorative fencing may also be utilized
to screen the site.
(9)
If only a communication antenna is proposed and no accessory
building(s), parking areas, etc., will be located on the site, no
site plan shall be required. However, if any accessory building, parking
area or similar development of the site is proposed, a site plan shall
be submitted as specified below.
(10)
In addition to the conditional use approval, all applicants
who propose a communication antenna shall submit for approval to the
Township a detailed site plan indicating antenna location, height
and design, proposed access, drainage improvements with stormwater
management plan and a landscaping plan. (Refer to the Allegheny Township
Subdivision and Land Development Ordinance for application and approval procedures for site plans.)
(11)
The Township may impose additional conditions on an applicant
proposing to install a communication antenna in order to promote the
general health, safety and welfare of the community.
(12)
An applicant proposing a communication antenna shall have the burden of satisfying Article
XIV, §§
250-108 and
250-109, of this chapter, which relate to procedure and the general requirements for approval of conditional uses.
B. Communication towers and antennas shall only be permitted as a conditional use in the R2, C and I Zoning Districts, subject to the following regulations and only after review and recommendation by the Allegheny Township Planning Commission and final approval by the Board of Supervisors. Communication towers shall be prohibited in all other zoning districts. The applicant who proposes to construct a new communication tower shall provide the Township with written technical documentation from a design engineer that the proposed location of the tower is necessary to complement the existing communication network. Any other location contemplated by the applicant shall also be disclosed to the Township and the reasons for not selecting such locations shall be explained to the Township. Before an applicant proposes to construct a new communication tower, the applicant shall attempt to locate and/or collocate the proposed antenna on an existing communication tower or other tall structure. The procedure for this collocation requirement shall be followed by all applicants proposing a new communication tower and is described in Subsection
B(1), below.
(1)
The applicant shall contact all owners of surrounding communication
towers and tall structures within one mile of the proposed location
of the communication tower in order to determine if the proposed antenna
can be located on an existing tall structure. The applicant shall
provide the Township with a scale map indicating the location of the
proposed tower, illustrating a one-mile radius from the tower and
illustrating any structure with a height in excess of 75 feet within
this one-mile radius.
(a)
If there is a tall structure within the aforesaid radius, the
applicant shall contact the owner and attempt to locate the antenna
on the tall structure. The following factors shall be considered in
determining if the antenna can be located on an existing tall structure:
[1]
Availability on the tall structure to locate the antenna;
[2]
The tall structure's structural integrity to support the
antenna;
[3]
Radio frequency interference;
[4]
Geographic service area requirements;
[5]
Mechanical or electrical incompatibilities; and
[6]
The comparative costs of collocation and new construction.
(b)
The applicant shall provide the Township with the initial written
correspondence from the applicant to the owner of the tall structure
which inquires into the possibility of sharing space. Additional correspondence
from the applicant or an owner of a tall structure shall be forwarded
by the applicant to the Township.
(c)
The applicant who can utilize an existing tall structure shall
make every effort in good faith to utilize the existing tall structure
rather than construct a new tower.
(d)
If an existing tall structure is within the aforesaid radius
of the proposed tower and the applicant does not contact owners of
such tall structures or does not make good-faith efforts as described
above, the Township may deny the request for conditional use based
upon such inaction.
(e)
If the applicant succeeds in collocating an antenna on an existing tall structure, the approval procedures specified above in Subsection
A shall be adhered to.
(2)
If the applicant proposing a new communication tower antenna
is not bound by the aforementioned collocation requirements, the following
design criteria shall be adhered to:
(a)
The following building setbacks shall be adhered to by all communication
towers:
[1]
Towers more than 50 feet in height to 200 feet in height shall
be located on the lot so that the distance from the base of the tower
to the boundary or edge of any public right-of-way and any adjoining
property line is a minimum of 100% of the proposed tower height. No
variance shall be granted from the minimum setback requirement.
[2]
Towers 50 feet or less in height shall make every effort to satisfy the minimum one-hundred-percent requirement specified in Subsection
B(2)(a)[1]. However, towers 50 feet or less in height that cannot satisfy the minimum one-hundred-percent requirement may be approved by the Township, provided that the applicant presents a certification from a registered engineer that the tower will withstand winds of 100 miles per hour. Towers 50 feet or less in height that cannot satisfy the minimum one-hundred-percent requirement shall be set back at a minimum 30 feet from any adjoining property line.
[3]
Towers shall be set back a distance equal to 110% of their height
from any existing building used for human habitation or used or occupied
by humans on a regular basis.
[4]
In addition to the regulations specified above, any proposed
communication tower shall be set back a minimum of 500 feet from any
existing residential dwelling.
(b)
The maximum height of communication towers shall be as follows:
[1]
No communication tower shall exceed 200 feet in height.
[2]
In addition to the above-specified requirement in Subsection
B(2)(b), no communication tower shall infringe on the Westmoreland County or Allegheny Township Airport Overlay Zoning District. Any communication tower proposed within the Westmoreland County or Allegheny Township Airport Overlay Zoning District shall specify on the application the exact existing elevation of the site where the proposed tower is to be located and in which overlay zone of the Airport Overlay Zoning District the site is located.
[a] Any tower proposed within the Westmoreland County
or Allegheny Township Airport Overlay Zoning District shall provide
written approval of the site location from the Federal Aviation Administration.
[b] If the Federal Aviation Administration does not
desire to approve the site location, tower height and lighting, the
applicant shall provide the Township with written confirmation from
the Federal Aviation Administration that it does not regulate the
site location, height and lighting of the communication tower.
(c)
The minimum lot size of a lot which will contain a communication tower shall be one acre. The minimum lot size shall be increased as required to meet the minimum setback requirements specified above in Subsection
B(2)(a).
(d)
If any accessory equipment building or structure is proposed
with the communication tower, the following requirements shall be
adhered to:
[1]
The building or structure shall be situated at or near the base
of the tower and shall be set back at least 50 feet from the edge
or boundary line of any public right-of-way and all other adjoining
property lines.
[2]
The maximum building height shall be 10 feet.
[3]
The accessory equipment building or structure shall be constructed
on the exterior with wood, brick, stucco or metal.
[4]
The accessory equipment building or structure shall not include
any offices, long-term vehicle storage, other outdoor storage or broadcast
studios, except for emergency purposes, or other uses that are not
needed to send or receive transmissions.
[5]
The maximum gross floor area of the accessory building or structure
shall be 200 square feet.
(e)
Access to the site and parking at the site of the communication
tower shall be provided as follows:
[1]
Access shall be exclusively by means of a public street. If
possible, direct access from a local street shall be avoided.
[2]
At least one parking space shall be provided at the site.
[3]
The access drive to the site shall be at least 12 feet in width
and improved with material suitable to the Township Engineer. No access
drive shall be of a dirt or unimproved nature.
(f)
Lighting for the communication tower shall be as follows:
[1]
Lighting shall be required for the tower as a safety measure
for low-flying aircraft. The proposed lighting plan for the tower
shall be approved by the Federal Aviation Administration. The lighting
plan for the tower shall be oriented in a manner so as not to project
unnecessarily onto surrounding residential property.
[2]
Any proposed security lighting for the accessory equipment building
or structure shall be minimized as much as possible. Also, no lighting
shall project onto adjoining properties.
(g)
Depending on the proposed location of the communication tower,
the Township may require fencing and/or signage of the site.
[1]
If fencing is required, it shall be a minimum of six feet in
height and shall have a locked gate.
[2]
If high voltage is provided at the site, signs shall be posted
at intervals of not more than 20 feet along the exterior perimeter
of the site. The signs shall say "Danger — High Voltage," and
the words shall be legible from a distance of 20 feet.
(h)
Any abandoned or unused communication tower shall be removed
by the owner within 12 months of the date the tower was abandoned
or last used. If a communication tower is abandoned, the owner shall
be required to immediately notify the Township, in writing, of the
abandonment.
(i)
The site containing a communication tower shall be landscaped
as follows:
[1]
The entire perimeter of the site shall be landscaped with trees,
shrubs, plants and/or flowers. At least one tree shall be provided
for every 20 feet of exterior linear property distance. The trees
may be evenly spaced or may be grouped together to provide a creative
site design. If trees are grouped, other areas of the exterior property
lines which are not provided with tree landscaping shall be provided
with other landscaping, such as shrubs, in order to provide for the
full landscaping of the exterior property lines.
[2]
The perimeter of the communication tower and any accessory building
or structure shall be landscaped with trees, shrubs, plants and/or
flowers. The landscaping shall be adequate to cover all supports of
the tower and all outward-facing walls of the accessory building or
structure.
[3]
For the above-specified landscaping, a mixture of hardy flowering,
shade and/or decorative evergreen and deciduous trees may be planted.
If feasible, species of plants which are native to the western Pennsylvania
region shall be utilized. Decorative fencing may also be utilized
to screen the site.
(j)
In addition to the conditional use approval, all applicants
who propose a communication tower shall submit for approval to the
Township a detailed site plan indicating tower location, height and
design, proposed access, drainage improvements with a stormwater management
plan, and a landscaping plan. Refer to the Allegheny Township Subdivision
and Land Development Ordinance for application and approval procedures for site plans.
(k)
The Township may impose additional conditions on an applicant
proposing to install a communication tower in order to promote the
general health, safety and welfare of the community.
(l)
An applicant proposing a communication tower shall have the burden of satisfying Article
XIV, §§
250-108 and
250-110, of this chapter, which relate to procedure and to general requirements for approval of conditional uses.