In recognition of the quasi-public nature of
wireless communications facilities, the following regulations shall
apply.
A.
To accommodate the need for wireless communications
facilities while minimizing their height, location and number in the
Township to only what is essential.
B.
To minimize the adverse visual effects of cellular
communications facilities and antenna support structures on adjacent
properties, historic areas and residential neighborhoods through proper
design, placement and vegetative screening.
C.
To avoid potential damage to adjacent properties from
antenna support structure failure and falling ice, through engineering
and proper placement of antenna support structures.
D.
To encourage the joint use of any new antenna support
structures; to reduce the number of such structures needed in the
future.
E.
To be mindful of the viewscapes and scenic vistas
in the Township and thereby the negative impact wireless communications
facilities may have on those amenities.
A.
Wireless communications facilities. All wireless communications
facilities not in existence on the effective date of this article
shall be subject to these regulations.
B.
Preexisting wireless communications facilities. Except with regard to additions, preexisting wireless communications facilities in existence prior to the effective date of this article shall not be required to meet the provisions of this article, other than the provisions of Article XII of this chapter.
A.
Principal or accessory use. Wireless communications
facilities may be considered a principal or an accessory use depending
upon the existence of other uses on the property. A different existing
use of an existing structure on the same lot shall not preclude the
installation of a wireless communications facility or support structure
on such lot consistent with the provisions of this chapter.
B.
Lot size. For purposes of determining whether the
installation of a wireless communications facility complies with district
development regulations, including but not limited to setback requirements,
lot coverage requirements, and other such dimensional requirements,
the dimensions of the entire lot shall control, even though the wireless
communications facility or support structure may be located on a leased
parcel within such lot. The balance of the parcel must comply with
all zoning regulations after removing the leased parcel.
C.
Inventory of existing sites. Each applicant for a
wireless communications facility shall provide to the Township Manager
an inventory of its existing wireless communications facilities, and
applications pending for its wireless communications facilities that
are either within the jurisdiction of the Township or within five
miles of the border thereof, including specific information about
the location, height and design of each support structure. The Township
Manager may share such information with other applicants applying
for approval or permits under this chapter; provided, however, that
the Township Manager is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable
for such use.
D.
Appearance criteria. Wireless communications facilities
shall meet the following requirements:
(1)
Support structures shall either maintain a galvanized
steel finish or, subject to any applicable standards of the FAA, be
painted a neutral color or colors (preapproved by the Township) so
as to reduce visual obtrusiveness.
(2)
At the site of a support structure, the design of
the buildings and related structures shall, to the extent reasonably
feasible, use materials, colors, textures, screening and landscaping
that will blend them into the natural setting and surrounding buildings.
(3)
At the site of an attached wireless communications
facility, the antenna array, microfacility and supporting electrical
and mechanical equipment must be of a neutral color that is identical
to, or closely compatible with, the color of the attachment structure
so as to make the antenna array and related equipment as visually
unobtrusive as possible.
E.
Lighting. Wireless communications facilities shall
not be artificially lighted, unless required by the FAA or other applicable
governmental authority.
F.
State and federal requirements. All wireless communications
facilities must meet or exceed current standards or regulations of
the FAA, the FCC, and any other agency of the state or federal government
with the authority to regulate it. If such standards and regulations
are changed, then the owners of the wireless communications facilities
governed by this chapter shall bring their facilities into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency.
G.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable provisions of Chapter 76 of the Code of the Township of Skippack, as amended.
H.
Measurement. For purposes of measurement, wireless
communications facility setbacks and separation distances shall be
calculated and applied to facilities located in the Township irrespective
of municipal and county jurisdictional boundaries.
I.
Nonessential services. Support structures and wireless
communications facilities shall be regulated and permitted pursuant
to this chapter and shall not be regulated or permitted as essential
services, public utilities or private utilities.
J.
Franchises. Owners and/or operators of support structures,
attachment structures and wireless communications facilities shall
certify that all franchises (if any) required by law for the construction
and/or operation of a wireless communications facility in the Township
have been obtained and shall file a copy of all required franchises
with the Township Manager. The owner/operator shall submit a copy
of its current Federal Communications Commission license; the name,
address and emergency telephone number of the operator of the communications
tower; and a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage in the minimum amount of $1,000,000 per occurrence covering
the communications tower and communications antenna.
K.
Signs. No signs shall be allowed on wireless communications
facilities.
L.
Buildings and support equipment. Buildings and support equipment associated with wireless communications facilities shall comply with all applicable requirements of this chapter and Chapter 76 of the Code of the Township of Skippack.
M.
Multiple wireless communications facilities on single
site. The Township encourages owners of wireless communications facilities
to submit a single application for approval of multiple antenna array
sites and microfacility sites on a single support structure.
A.
Within the Wireless Communications Facilities Overlay
District.
(1)
Creation of overlay district. The Wireless Communications
Facilities Overlay District shall consist of all land within the LI
Limited Industrial District, the GC General Commercial District, the
UT Utility Transmission District, all municipally owned lands, and
all wireless communications facilities that preexisted this article.
Wireless communications facilities shall be permitted within each
of these areas as a conditional use as set forth below. Conditional
uses shall be permitted only when authorized by the Board of Supervisors
upon the grant of a written conditional use order, and public notice
and hearing, in compliance with the provisions in this chapter.
(2)
Conditional uses within the overlay district. The
following uses are permitted by conditional use in the Wireless Communications
Facilities Overlay District Zone:
(a)
The erection, construction, installation or
use of a new support structure, with an antenna array or microfacility
which, when combined, shall not be more than 110 feet in height.
(b)
The applicant shall demonstrate to the reasonable
satisfaction of the Township or its consultants that the wireless
communications facility is the minimum height required to function
within the applicant's communications grid system. No such facility
that is taller than such functional minimum height shall be entitled
to receive a building permit.
(3)
Setbacks from base of support structure. The minimum
distance between the base of a support structure or any guy-wire anchors
and any property line or right-of-way line shall be:
(a)
All wireless communications facilities with
support structure shall be set back from the lot line a distance equal
to the height of the support structure.
(b)
Setback requirements may be modified by the
adoption of condition(s) if the Board of Supervisors finds that placement
of a wireless communications facility with support structure in a
particular location will reduce its visual impact. (For example, if
location adjacent to trees may provide a partial visual screen.)
(4)
Support structure safety. The applicant shall demonstrate
that the proposed wireless communications facility is safe and the
surrounding areas will not be negatively affected by support structure
failure, falling ice, or other hazards or radio frequency interference.
All support structures shall be fitted with or protected by anticlimbing
devices, as approved by the manufacturers.
(5)
Stealth design. Wireless communications facilities
shall be of stealth design as required by the Township, and must comply
with the following provisions relating to aesthetics, placement and
colors.
(a)
Wireless communications facilities with support
structure shall be designed so as to blend in with the surroundings
to the extent feasible, including the use of compatible colors and
disguised structures, such as man-made trees, clock towers, bell steeples,
light poles and similar alternative design mounting structures that
camouflage or conceal the presence of antennas or support structures.
(b)
Equipment facilities shall use materials, colors
and textures that blend in with the natural setting and built environment.
(6)
Effort to locate on existing structures. Before making
application for any wireless communications facility to be located
on a new support structure, the applicant shall demonstrate that a
good faith effort was made to mount an antenna array or microfacility,
whichever is applicable, on an existing structure. The applicant shall
submit proof that it contacted the owners of tall structures within
a one-mile radius of the site proposed, asked for permission to install
the facility on those structures, offered market compensation to such
owners, and was denied. These structures would include smoke stacks,
water towers, tall buildings, existing or proposed support structures
of other communications companies, high-tension power line towers,
other communications towers (fire, police, etc.) and other tall structures.
(7)
Plan. The applicant shall provide a plan for all wireless
communications facilities showing the antenna array, microfacility
(if applicable), support structure, building (or equipment facility),
fencing, buffering, access and such other information as the Township
may require to illustrate the relationship between the proposed facility
and adjacent structures and property lines. The plan shall be drawn
to the standards of a land development plan.
B.
Conditions for conditional uses. When granting a conditional
use, the Board of Supervisors may attach such reasonable conditions
and safeguards, in addition to those expressed in this chapter, as
it may deem necessary to implement the purposes of this chapter. Such
conditions and safeguards may include, but need not be limited to,
conditions on height, stealth design, particular location on a lot,
fencing and other measures that implement the purposes of this chapter.
A.
Fencing. A fence shall be required around a wireless
communications facility with support structure and other equipment.
The fence shall be a maximum of eight feet in height and shall be
completely screened with evergreen plantings.
B.
Landscaping plan. The applicant shall submit a planting
plan with its application, preserving existing vegetation on and around
the site to the greatest extent possible and screening the base of
the tower, guy-wire anchor locations, any cabinets or associated buildings
(or equipment facilities) and line of sight into the facility.
C.
Collocation. In order to reasonably limit the number
of wireless communications facilities with support structures in the
community in the future, each proposed support structure shall be
required, subject to consideration of overall height, design, cost
sharing and fair market rental, to accommodate other users, including
but not limited to, other wireless communications service providers,
police, fire and ambulance companies.
Any antenna array, microfacility or support
structure that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of the lot where such
facilities are located as well as the owner of such antenna array,
microfacility or support structure shall be required to remove the
same within 90 days or it shall constitute a violation of this chapter.
The offending antenna array, microfacility or support structures shall,
upon the issuance of injunctive relief, be removed, and the costs
of such removal shall be entered as a lien upon the property at the
owner's expense. If there are two or more uses of a single support
structure, then this provision shall not become effective until all
users cease using the antenna array, microfacility and support structure.
Notwithstanding preexisting support structures, bona fide nonconforming support structures, antenna arrays or microfacilities that are damaged or destroyed may be rebuilt without having to first obtain a new, conditional use approval. The type, height and specific location of the rebuilt support structure, antenna array and microfacility on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with Chapter 76 of the Code of the Township of Skippack and shall be obtained within 120 days from the date the facility is damaged, or if no permit is obtained or if said permit expires, the support structure, antenna array or microfacility shall be deemed abandoned as specified in Article XII of this chapter.
All uses ancillary to a wireless communications
facility (including a business office, maintenance depot, vehicle
storage, etc.) are prohibited from the wireless communications site.
A.
Subject to all other regulations of this chapter,
within the Wireless Communications Facilities Overlay District, wireless
communications facilities may be attached to existing structures as
a conditional use.
B.
Standards for wireless communications attachment facilities.
(1)
No element of the wireless communications facility
may extend more than 10 feet above the attachment structure.
(2)
No attachment structure shall be located within the
right-of-way of any public road.
(3)
An attached wireless communications facility shall
not exceed a height of 110 feet, but shall be higher than 35 feet.
(4)
Stealth design is required. The facility shall be
designed so as to be an integral part of the attachment structure.
Materials, colors, enclosing structures, screen panels or any other
appropriate device shall be used to effect the stealth appearance.
C.
Equipment facilities for attached wireless communications
facilities shall comply with the following:
(1)
The equipment shall be concealed to the greatest extent
possible. It shall be cabinet-like, not exceeding 48 square feet in
area or four feet in height.
(2)
The equipment facility shall comply with all building
codes, and if located on the ground, shall comply with all regulations
for accessory structures.
B.
Applications for co-location on and modification of a wireless communications
facility shall be processed as a building permit application.
C.
Requirements. The process under this section shall apply to all applications
for modification, replacement and co-location that meet all of the
following requirements:
(1)
The proposed co-location, modification or replacement may not
substantially change the physical dimensions of the wireless support
structure to which the wireless telecommunications facilities are
to be attached.
(2)
The proposed co-location, modification or replacement may 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; provided,
however, that nothing herein shall preclude an applicant from further
increasing 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 if permitted and approved
by the municipality.
(3)
The proposed co-location, modification or replacement may not
increase the dimensions of the equipment compound approved by the
municipality.
(4)
The proposed co-location, modification or replacement complies
with applicable conditions of approval applied to the initial wireless
telecommunications facilities, equipment compound and wireless support
structure.
(5)
The proposed co-location, modification or replacement may not
exceed the applicable wind loading and structural loading requirements
for the wireless support structure.
