[Added 4-22-2014 by Ord. No. 347]
This article shall be known and may be cited as the "Limerick
Township Wireless Telecommunications Facilities Ordinance."
In recognition of the quasi-public nature of wireless telecommunications
facilities, it is the specific intent of this article to:
A.
Accommodate the need for wireless telecommunications facilities while
regulating their location and number in Limerick Township;
B.
Minimize the adverse visual impact and effects of antennas and wireless
support structures through proper design, siting and vegetative screening;
C.
Avoid potential damage to adjacent properties from wireless support
structure failure and falling ice or debris, through engineering and
proper siting of wireless support structures;
D.
Encourage the joint use of any new and existing wireless support
structures to reduce the number of such structures needed in the future;
E.
Ensure that the location and number of antennas are in the best interests
of the health, safety and general welfare of the inhabitants of Limerick
Township in their person and property; and
F.
Minimize any adverse effects attributable to the location and design
of wireless telecommunications facilities on residential property
values.
In interpreting and applying the provisions of this article,
the minimum requirements for the promotion of the health, safety and
general welfare of the inhabitants of Limerick Township shall be followed.
Where the provisions of this article impose greater restrictions than
those of any statute, other ordinance or regulation, the provisions
of this article shall control. Where the provisions of any statute,
other ordinance or regulation impose greater restrictions than this
article, the provisions of such statute, other ordinance or regulation
shall control.
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
Man-made trees, clock towers, tall steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas on towers.
Any structure or device used to collect or radiate electromagnetic
waves, including both directional antennas (such as panels) and omnidirectional
antennas (such as Whips), but not including satellite earth stations.
The vertical distance measured from the base of the wireless
support structure at existing grade to the highest point of the structure,
including the antenna(s). If the wireless support structure is on
a sloped grade, then the average between the highest and lowest grades
shall be used in calculating the antenna height.
A formal request submitted to the Township to erect, construct,
replace, collocate or modify a wireless support structure, equipment
compound or a wireless telecommunications facility.
A station at a specified site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the Township. The term includes the placement, replacement
or modification of accessory equipment within a previously approved
equipment compound.
An electrical transmission structure used to support overhead
power lines consisting of sixty-nine-kilovolt or greater conducting
lines, generally of steel construction and having a height of at least
75 feet. The term does not include any utility pole having a height
of less than 75 feet.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
A wireless support structure consisting of a single pole
or spire constructed without guywires or ground anchor.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
Any increase in the height of the wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth in this definition if necessary to avoid interference with existing
antennas.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array in
accordance with the provisions of this act shall not be permitted.
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, as well as the structure and any support thereto.
A standpipe or an elevated tank situated on a wireless support
structure, both of which shall be constructed of steel, have a height
of at least 75 feet and be used as a reservoir or facility to deliver
water.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure that could
support the placement or installation of wireless telecommunications
facilities if approved by the Township.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
Includes, but are not limited to:
Commercial mobile services, meaning any mobile service, as defined
by Section 153 of the Federal Communications Act of 1934, 47 U.S.C.
§ 151, et seq., as amended, making interconnected service
available to public or to eligible classes constituting a substantial
portion of the public, including personal communications, cellular
radiotelephone and paging services.
Common carrier wireless exchange access services, meaning the
offering of access to telephone exchange services or facilities to
the originator or terminator of telephone toll services by any common
carrier for hire, in interstate or foreign communications by wire,
radio or radio transmission of energy, excluding a person engaged
in radio broadcasting to the extent of such engagement.
Unlicensed wireless telecommunications services, meaning the
offering of telecommunication services using duly authorized devices
not requiring individual licenses, excluding the provision of direct
exchange satellite services.
A tract or parcel of land or a portion thereof containing
as its principal use a wireless telecommunications facility, wireless
support structure, building(s), parking and may also include other
uses ancillary to the telecommunication signal transmission or processing
and associated equipment (a business office, maintenance depot, vehicle
storage, etc.).
[Amended 8-15-2017 by Ord. No. 379]
A.
Prohibited in residential zones. No wireless telecommunications facility
shall be located in a district zoned residential or within 500 feet
of a lot in residential use or a residential district boundary. Wireless
telecommunications facilities are permitted only in such districts
as specified in this article. Residential districts are defined as
R-1, R-2, R-3, R-4 and R-5 only.
B.
Ancillary uses. All other uses ancillary to a wireless telecommunications
facility and its support structure, including a business office, maintenance
depot, vehicle storage, etc., are prohibited from the wireless telecommunications
services site unless otherwise permitted in the zoning district in
which the wireless telecommunications services site is located.
C.
Permitted uses.
(1)
Public property. A wireless telecommunications facility with
antennas and assorted equipment that is to be situated on land owned
or controlled by Limerick Township is permitted without the need for
a conditional use, subject to the zoning restrictions herein, provided
that the applicant submits a written agreement with the Township authorizing
such antenna and/or wireless support structure.
(2)
Existing support structure. A wireless telecommunications facility
with antennas and assorted equipment that is to be attached to an
existing wireless telecommunications facility, smokestack, water tower,
or any other tall structure is permitted in all zoning districts without
the need for a conditional use, provided that the applicant submits
a written agreement with the owner of the wireless support structure
allowing the shared use.
(3)
New tower construction. A wireless telecommunications facility
with antennas and assorted necessary equipment that is not to be mounted
on an existing wireless support structure is permitted without the
need for a conditional use in a district zoned Office/Limited Industrial
(O/LI), Limited Light Industrial (LLI), Heavy Industrial (HI), Heavy
Industrial and Energy (HI/E), and Retail Business (RB), provided that
the applicant demonstrates that it contacted the owners of tall structures
within a two-mile radius of the proposed site. Such tall structures
include, but are not limited to, smokestacks, water towers, tall buildings,
existing towers owned by other wireless telecommunications service
providers and other communications towers (fire, police, etc.).
(a)
The Zoning Officer may deny any application to construct a new
tower if a determination is made that the applicant did not make a
good-faith effort to mount the antenna on an existing structure. For
the purposes of this section, a good-faith effort requires that the
applicant contact all owners of potentially suitable structures within
a two-mile radius of the proposed site and one or more of the following
reasons for not selecting an existing tall structure applies:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost;
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that structure
and the interference cannot be prevented at a reasonable cost;
[3]
Existing structures do not have adequate location, space, access
or height to accommodate the proposed equipment or to allow it to
perform its function;
[4]
The addition of the proposed antennas and related equipment
would result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communication Commission
governing human exposure to electromagnetic radiation; and/or
[5]
A commercially reasonable agreement could not be reached with
the owner(s) of any existing structure(s).
D.
Conditional uses. A wireless telecommunications facility with antennas
and assorted necessary equipment that is not to be mounted on an existing
wireless support structure or other potentially suitable existing
structure is permitted as a conditional use in a district other than
O/LI, LLI, HI, HI/E, and RB, excluding residential districts. The
Board of Supervisors may grant a conditional use after review of the
Planning Commission and a public hearing before the Board of Supervisors.
All adjacent parcel owners, regardless of municipality of the parcel,
must be notified in writing at least two weeks prior to the public
hearing. In addition, the applicant must:
(1)
Establish that there is not suitable space on potentially suitable
existing structures or other wireless telecommunications services
sites where the proposed wireless telecommunications facility can
be accommodated and function as required by its construction permit
or license without unreasonable modification;
(2)
Establish that technological evidence conclusively demonstrates
that the intended location of the proposed wireless telecommunications
facility is necessary to satisfy its function in the grid system and
the providing of the quality of service required by law;
(3)
Provide a full site plan, which shall include:
(a)
Written authorization from the property owner of the proposed
wireless support structure site;
(b)
A site plan drawn to scale of not smaller than 100 feet to one
inch, depicting or providing the following:
[1]
Property boundaries;
[2]
Any tower, guywire, anchors and other apparatus;
[3]
Existing and proposed structures;
[4]
Scaled elevation view of proposed structures;
[6]
Parking area;
[7]
Fences as provided herein;
[8]
Location and content of any informational, warning or other
signs;
[9]
Exterior lighting specifications as provided herein;
[10]
Landscaping plan as provided herein;
[11]
Land elevation contours not greater than intervals
of five feet;
[12]
Existing land uses and zoning districts surrounding
the site;
[13]
Proposed transmission building and/or other accessory
uses; and
[14]
Proposed use.
(c)
Provide a written report, which shall include:
[1]
Information describing the tower height and design;
[2]
A cross-section of the structure;
[3]
Engineering specifications detailing construction of the tower,
base and guywire anchorage;
[4]
Information describing the proposed painting and lighting schemes;
[5]
Information describing the tower's capacity, including the number
and type of antennas that it can accommodate;
[6]
Radio frequency coverage;
[7]
All tower structure information is to be certified by a licensed
professional engineer;
[8]
Certification of all wireless telecommunications facilities
data by an engineer experienced in wireless telecommunications service
facilities; and
[9]
An inventory of potentially suitable existing structures within
a two-mile radius of the proposed site and information discussing
unavailability of such sites for one or more of the following reasons:
[a]
Refusal by current tower owner;
[b]
Topographic limitations;
[c]
Adjacent impediments blocking transmission;
[d]
Site limitations to tower construction;
[e]
Technical limitations of the system;
[f]
Equipment exceeds structural capacity of facility
or wireless support structure;
[g]
No space on existing facility or wireless support
structure;
[h]
Other limiting factors rendering existing facilities
or wireless support structures unusable; and/or
[i]
An update of capacity on an existing wireless support
structure.
E.
Replacement, collocation or modification of antennas.
(1)
Applicability. The replacement, collocation or modification
of an antenna located on an existing wireless support structure, as
those terms are defined by this article, is permitted and shall be
subject to the application and review requirements below, provided
the proposed replacement, collocation or modification:
(a)
Complies with the applicable conditions of approval for the
initial antennas and support structure;
(b)
Does not substantially change the physical dimensions of the
wireless support structure to which the antennas are to be attached;
(c)
Does not further increase the height of a wireless support structure
which had already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array,
unless the Township permits and approves such an increase; and
(d)
Does not exceed the applicable wind loading and structural loading
requirements for the wireless support structure.
(2)
Application and review. The Township shall approve an application
for the replacement, collocation or modification of any antenna on
an existing wireless support structure if the application conforms
to all applicable building permit requirements, including those pertaining
to the added structural loading of the proposed antennas and related
equipment.
(a)
An application shall be complete when all documents, information
and fees specifically enumerated in the Township's regulations, ordinances
and forms pertaining to the location, modification or operation of
antennas are submitted by the applicant to the Township.
(b)
Within 30 business days of the filing date of an application,
the Township shall notify the applicant in writing of any information
required to complete an application. If additional information is
required to complete the application, the time required by the applicant
to provide the information shall not be counted toward the ninety-day
review period in which the Township must render a final decision on
the application.
(d)
If the Township fails to act upon an application under this section within the ninety-day review period, the application shall be deemed approved. If the Township has advised the applicant in writing that additional information is required to complete the application pursuant to Subsection E(2)(a), the time required by the applicant to provide the information shall not be counted toward the ninety-day period within which the Township must act on the application.
(e)
The rights of any person adversely affected by any final action
or failure to act by the Township with respect to an application for
the replacement, collocation or modification of any antenna on an
existing wireless support structure, including the right to appeal,
shall be governed by the Wireless Broadband Collocation Act, Act 191
of 2012, P.L. 1501.
A.
Antenna height. The applicant shall demonstrate that the wireless
support structure and antenna are the lowest height required to function
satisfactorily. In no case shall any wireless support structure, including
antennas, exceed a maximum height of 199 feet.
B.
Setbacks from base of wireless support structure. If a new tower
is constructed (as opposed to mounting the antenna on an existing
structure), the minimum distances between the base of the wireless
support structure or any guywire anchors and any property line or
right-of-way line shall be the largest of the following:
C.
New towers. Except as hereinafter provided, a monopole wireless support
structure shall be required in all cases. The Board of Supervisors
may grant use of guywire, freestanding or any other type of wireless
support structure as a conditional use after review by the Planning
Commission and a public hearing before the Board of Supervisors. The
applicant must establish the following for approval of conditional
use:
(1)
The cost of erecting a monopole would preclude the provision
of adequate service to the public, or erection of a safe wireless
support structure;
(2)
The proposed tower would have the least practical adverse visual
impact on the environment and closely resembles a monopole; and
(3)
The proposed tower is architecturally compatible with surrounding
buildings and land use through location and design and blends in with
the existing characteristics of the site to the extent practical.
D.
Wireless support structure safety. The applicant shall demonstrate
that the proposed antenna and wireless support structure are safe
and the surrounding areas will not be negatively affected by wireless
support structure failure, falling ice, or other debris. The applicant
shall also demonstrate compliance with guidelines recommended by the
American National Standard Institute (ANSI) (ANSI/IEEEC95-1-1992)
with respect to radio frequency emissions. All wireless support structures
shall be fitted with anti-climbing devices, as approved by the manufacturers.
E.
Fencing. A fence shall be required around the wireless support structure,
building(s), and other equipment unless the antenna is mounted on
an existing structure. The fence shall be six feet in height and shall
completely enclose the antenna, wireless support structure, and related
facilities, shall not contain openings greater than nine square inches
and shall contain, at all entrances, gates which shall be locked except
during such times as the site is manned by authorized operations or
maintenance personnel.
[Amended 8-15-2017 by Ord. No. 379]
F.
Landscaping. The following landscaping shall be required to screen
as much of the wireless support structure as possible, the fence surrounding
the wireless support structure, and any other ground-level features
(such as a building), and in general soften the appearance of the
wireless telecommunications services site. The Township may permit
any combination of existing vegetation, topography, walls, decorative
fences, or other features instead of landscaping if they achieve the
same degree of screening as the required landscaping. If the antenna
is mounted on an existing structure and other equipment is housed
inside an existing structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
G.
FCC licensing. The applicant company must demonstrate that it is
licensed by the Federal Communications Commission.
H.
Required parking. If the wireless telecommunications services site
is fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, two parking spaces shall be
required.
I.
Painting and artificial lighting. Wireless support structures shall
be painted in a color that best allows it to blend into the surroundings
unless otherwise required by the Federal Aviation Administration (FAA)
regulations. No wireless support structure may be artificially lighted
except when required by the FAA.
J.
Aesthetics. Wireless telecommunications facilities shall result in
a minimal visual impact for those residents in the immediate area
and for those in the larger community who view these facilities from
a distance. Minimal visual impact shall include the following:
(1)
For facilities located in highly developed portions of the Township,
buildings may be used to accomplish the screening noted above.
(2)
It is acknowledged that large, multi-use wireless support structures
located within major use transmission areas cannot be effectively
screened. In order to minimize the visual impact, such new facilities
should be located in close proximity to other comparable structures.
Accompanying buildings, ground-mounted antennas, and other equipment
and structures shall be subject to screening recommendations.
(3)
FAA requirements for coloring and lighting of wireless support
structures supersedes Township requirements for visual minimum impact.
(4)
If an antenna is installed on a structure other than 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.
K.
As-built plans. Within 60 days of completion of the initial construction
and any additional construction, applicant shall furnish two complete
sets of plans, drawn to scale and certified to the Township as accurately
depicting the location of a wireless telecommunications facility constructed
pursuant to the building permit.
L.
Removal. Any wireless support structure that is no longer in use
for its original communications purpose shall be removed at the owner's
expense. The owner shall provide the Township with a copy of the notice
to the FCC of intent to cease operations and shall be given 90 days
from the date of ceasing operations to remove the obsolete wireless
support structure and ancillary structures. In the case of multiple
operators sharing use of a single wireless support structure, this
provision shall not become effective until all users cease operations.
[Amended 8-15-2017 by Ord. No. 379]
M.
Site plan. A full site plan and written report containing the information required in § 184-239D(3) shall be submitted by the applicant in every instance except as provided in § 184-239C.
A.
Penalties. Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. Each day that the violation continues
shall constitute a separate violation. In addition to an action to
enforce any penalty imposed by this section and any other remedy at
law or in equity, the Township may apply to a Federal District Court
for an injunction or other appropriate relief at law or in equity
to enforce compliance with or restrain any violation of any provision
of this article.
B.
Determination of violation. In the event a determination is made
that a person has violated any provision of this article, such person
shall be provided with written notice of the determination and the
reasons therefore. Except in the case of an emergency, the person
shall have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Township may, in its reasonable judgment, extend the time period to
cure, provided that the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Township may take any and all actions
authorized by this section and/or federal and/or Pennsylvania law
and regulations.
A.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this article, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
B.
Amateur radio. This article shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio status operator.
