Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.
ORDINANCE
99-3
An Ordinance amending
Ordinance No. 74-29 as amended, known as the Millcreek Township Zoning
Ordinance, to establish definitions and
regulations governing placement of communications and wireless
facilities, antennae and towers; establishing regulations governing tower
structures generally; and containing repealor and
severability clauses.
WHEREAS, the Millcreek Township Zoning Ordinance does not specifically provide for the use of land in the Township for placement and/or operation of tower structures or for communications facilities generally; and
WHEREAS, the Board of Supervisors recognizes that the Township, its police, providers of fire, emergency and medical services and its residents and visitors rely on wireless communications for business and personal uses; and
WHEREAS, technical developments in the telecommunications field have provided and continue to provide new options for the expansion and delivery of communications services to the Township and its residents; and
WHEREAS, the Board of Supervisors desires to encourage efficient and adequate wireless communications services within the Township while, at the same time, protecting the public health, safety and welfare; and
WHEREAS, the Board of Supervisors understands that future developments in the telecommunications field and others may produce new means of communications and related services which, while not today existing or defined, will involve similar types of facilities and structures; and
WHEREAS, in an effort to facilitate efficient and adequate communications and similar services while protecting the health, safety, welfare and interests of Township residents, the Board of Supervisors desire to regulate the placement and construction of communications and similar facilities, antennae and structures; and
WHEREAS, Federal and State statutes and regulations impose limitations on the Township’s ability to regulate the placement and construction of communications towers and facilities; and
WHEREAS, the Telecommunications Act of 1996, 47 U.S.C. § 331, et seq., does not preempt the regulation of “personal wireless service facilities” subject to regulation by that statute, but mandates that local government regulation should not have the effect of prohibiting the provision of such personal wireless service; and
WHEREAS, it is necessary to amend the Zoning Ordinance to make it consistent with the interests of Millcreek Township and its residents and those limitations imposed by Federal and State statutes and regulations; and
WHEREAS, the Board of Supervisors finds that provision must be made for authorized facilities in a manner which encourages use of existing towers and alternative structures where practicable so as to minimize the intrusion upon adjacent uses of land.
IT IS HEREBY ORDAINED AND ENACTED by the Board of Supervisors of the Township of Millcreek, Erie County, Pennsylvania, and it is ordained and enacted, that the Millcreek Township Zoning Ordinance, Ordinance 74-29, shall be amended as follows:
SECTION 1. Article III (Definitions) is amended to add the following terms:
57. ALTERNATIVE TOWER STRUCTURE - This term means and shall include generally man-made trees, clock towers, tall steeples, light poles and similar alternative design that camouflage or conceal the presence of antennas on towers.
58. ANTENNA HEIGHT - The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is located on a sloped grade, then the average between the highest and the lowest grades shall be used in calculating height. This term shall apply as well to the height of any other structure or facility mounted upon a support structure.
59. ANTENNA SUPPORT STRUCTURE - This term means and shall include generally any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receipt of radio frequency energy, including but not limited to Communications Antennas.
60. COMMUNICATIONS ANTENNA - Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, weather radar or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such service. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
61.
62.
63. ESSENTIAL
SERVICES - The erection, construction, alteration or maintenance by public
utilities regulated by the Pennsylvania Public Utility Commission, or municipal
or other governmental agencies, of underground or overhead gas, electric, steam
or water transmission or distribution systems, collection, supply or disposal
systems and their essential buildings and structures, excluding Communications
Antennas and
64. HEIGHT
OF A
65. HEIGHT
OF A TOWER - The vertical distance measured from the ground level to the
highest point on a Tower not constituting a
66. MONOPOLE - An antenna or other facility support structure consisting of a single pole or spire constructed without guy wires or ground anchor.
67. PERSONAL WIRELESS SERVICES - Includes commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, and shall be deemed included generally within “communications”.
68.
69. SELF-SUPPORTING TOWER - A tower which is free standing and not guyed or anchored with cables. This term shall include monopoles, three- and four-sided steel lattice towers and other tower structures which include their own support and are free standing.
70. TOWER - A structure other than a building, such as a monopole or self-supporting tower, designed and used to support any facility or another structure, other than communications antennas. Guyed towers shall not be deemed within this term and are not permitted. This term shall be broadly interpreted so as to include without limitation all such structures.
SECTION 2. Article IV (Use Regulations) is hereby amended so as to provide that the following uses shall be deemed permitted accessory uses of land within the specified use districts, subject to the regulations governing the same as added to Article VIII of the Zoning Ordinance under this amendatory ordinance:
Section District Name Permitted Accessory Use
401(A)(2) Agriculture Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
402(A)(5) “A” Residence Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
403(A)(7) “B” Residence Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
404(A(5) “C” Residence Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
405(A)(7) “D” Residence Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
406(16) “A” Business Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
406-A(II)(b) Resort Business Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
407(43) “B” Business Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
408(52) “C” Business Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
409(2) “D” Business Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
410(17) Light Industry Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
411(10) Heavy Industry Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
412(A)(4) Mixed Occupancy Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
413(C)(5) Industrial Park Communications antennas mounted on an existing public utility or essential service transmission tower, building or other structure, and Communications Equipment Buildings, subject to the regulations set forth in new Section 814.
SECTION 3. Within Agriculture, “D” Business and Light Industry use districts on lands within two hundred feet (200') of the right of way of Interstate 79 and Interstate 90 and in Industrial Park and Heavy Industry use districts generally, antennas, Communications Antennas, Communications Equipment Buildings and Antenna Support Structures, Communications Towers and Towers shall be a permitted use, subject to compliance with the performance standards as set forth in Sections 814 and 815 of the Zoning Ordinance under this amendatory ordinance. Article IV of the Zoning Ordinance (Use Regulations) is hereby amended to provide as follows:
Section Use District Permitted Use
401(A)(3) Agriculture Where within 200 feet from the right of way of Interstate 79 and Interstate 90, antennas, Communications Antennas, Communications Equipment Buildings, Antenna Support Structures, Communications Towers and Towers, subject to the regulations in Sections 814 and 815 of this Ordinance.
410(18) Light Industry Where within 200 feet from the right of way of Interstate 79 and Interstate 90, antennas, Communications Antennas, Communications Equipment Buildings, Antenna Support Structures, Communications Towers and Towers, subject to the regulations in Sections 814 and 815 of this Ordinance.
411(11) Heavy Industry Antennas, Communications Antennas, Communications Equipment Buildings, Antenna Support Structures, Communications Towers and Towers, subject to the regulations in Sections 814 and 815 of this Ordinance.
413(B)(12)
413(C)(6) Industrial Park Antennas, Communications Antennas, Communications Equipment Buildings, Antenna Support Structures, Communications Towers and Towers, subject to the regulations in Sections 814 and 815 of this Ordinance.
SECTION 4. Article VIII (Supplementary
Regulations) is amended to add the following, which regulations shall govern
wireless, Personal Wireless Services, Communications Antennas and other
antennas and facilities and Communications Equipment Buildings, exclusive of
Alternative Tower Structures,
SECTION 814. WIRELESS,
PERSONAL WIRELESS SERVICES, COMMUNICATIONS AND OTHER ANTENNAS, FACILITIES AND
A. Building-mounted Communications Antennas shall not be located on any single-family dwelling or two-family dwelling.
B. Building-mounted Communications Antennas shall be permitted to exceed height limitations of the applicable Zoning District by not more than twenty feet (20').
C. Omnidirectional or whip Communications Antennas shall not exceed twenty feet (20') in height and seven inches (7") in diameter.
D. Directional or panel Communications Antennas shall not exceed five feet (5') in height and three feet (3') in width.
E.
Any applicant proposing Communications Antennas
to be mounted on a building or other structure shall submit written evidence
from a
F. Any applicant proposing Communications Antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure, for review by the Code Administrator and/or Township Engineer to ensure compliance with the Millcreek Township Building Code and other applicable law.
G.
Any applicant proposing Communications Antennas
to be mounted on a building or other structure shall submit with the
application written evidence of agreements and/or easements necessary to
provide access to the building or structure on which antennas are to be mounted
so that installation, placement and maintenance of the antennas and
H. Communications Antennas shall at all times comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Communications Antennas shall not cause radio
frequency interference with other communications facilities located in
J. The owner or operator of Communications Antennas shall be licensed by the Federal Communications Commission to operate such antennas.
K.
A
L. No signs or lights shall be mounted on a Communications Equipment Building except as may be required by the Federal Communications Commission or other governmental agency having appropriate jurisdiction.
M.
Where not accompanying a
N.
Access shall be provided to the
O. The applicant must submit with the application:
1. A copy of its current Federal Communications Commission license;
2. The name, address and emergency telephone number for the operator;
3. A certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000.00 per occurrence for personal injury and property damage coverage covering the Communications Antennas and any Communications Equipment Building, naming the owner of the real estate where the facilities are located and the Township of Millcreek as additional insureds.
P. In the event of any change, alteration, modification, suspension or termination of licensure, ownership, operator identity, insurance, leases, easements or other items required to be submitted with an application, the owner of said Communications Antenna and/or Communications Equipment Building shall in writing within ten (10) days after such event, notify the Township Code Administrator of such event and provide copies of all documents pertinent to the event as may relate to compliance with these regulations.
SECTION 5. Article VIII (Supplementary
Regulations) is amended to add the following, which regulations shall govern
Alternative Tower Structures,
SECTION 815. ALTERNATIVE
TOWER STRUCTURES,
Where expressly permitted in a Zoning District or in designated areas of particular Zoning Districts under this Ordinance, a permit shall be issued and shall remain in effect subject to all of the following regulations:
A. The regulations in Section 814 shall govern to the extent applicable as extended to Alternative Tower Structures, Communications Towers and Towers, these including but not being limited to Subsections E, F, G, H, I, J, K, L, O and P.
B.
C.
Any applicant proposing construction of a new
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 or like equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
3. Such existing structures do not have adequate location, space or height to accommodate the proposed equipment or to allow it to perform its intended function.
4. Addition of the proposed antennas and related or other equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
5. A commercially reasonable agreement could not be reached with the owners of such structures.
D. Substantiation of the good faith effort required under Subsection C shall be in writing signed by the applicant or an authorized representative of applicant, and shall meet the following requirements:
1. Existing structures considered shall be identified.
2. Approximate costs of reinforcing existing structures and/or eliminating radio frequency interference shall be stated.
3.
Findings with respect to structural integrity, potential
radio frequency interference, inadequate location, space or height,
electromagnetic radiation and cost estimates shall be signed by and under the
seal of a registered
E.
Access shall be provided to the
F. A Communications Tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting lot size requirements for the Zoning District.
G.
In all Zoning Districts except Heavy Industry
and excepting lands in “D” Business, Light Industry and Industrial Park
districts within 200 feet from the Interstate 79 or Interstate 90 rights of
way, the maximum height of any
H.
The foundation and base of all
I.
Aside from setbacks required from other
buildings and structures, the foundation and base of all
1. For any monopole or equivalent tower structure, not less than the total height of the structure (including all facilities mounted upon it).
2. For any steel lattice or equivalent tower structure designed such that upon any collapse, the structure would fold, bend or collapse upon itself, not less than 70 percent of the total tower height.
3.
In any case, the minimum setback shall be not
less than 100 feet for
J. In applications for uses on special exception or dimensional variance authorized under this Ordinance, the Zoning Hearing Board may allow minimum relief necessary from the regulation established in Subsection J(3) where the physical conditions and circumstances of the subject premises and the present and foreseeable development of adjacent properties indicates that such relief would allow the use with no adverse impact to adjacent development, buildings or structures. As one example, if a proposed site is adjacent to the right of way of Interstate 79 or Interstate 90 and the location would not violate regulations of the Pennsylvania Department of Transportation, its authorization within 100 feet of said right of way would address unique conditions of the premises. In the event a variance as to maximum height is granted, all other setbacks must be increased commensurately.
K.
Self-Supporting tower structure shall be
required for
1. The Zoning Hearing Board may grant a variance from this requirement if, after hearing, it finds that:
(a) Cost of erecting a self-supporting tower structure would preclude the provision of adequate service to the public or erection of a safe antenna or other support structure; and
(b) The proposed structure would have the least practical adverse visual impact on the site and adjacent lands and closely resembles a self-supporting tower structure; and
(c) The proposed support structure is architecturally compatible with surrounding buildings and land uses through location and design and blends in with the existing characteristics of the site to the extent practicable.
2. If any variance from this requirement is granted, the Zoning Hearing Board shall require that all guy wires associated with a tower or support structure shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure, and shall attach such other conditions as it deems reasonable.
L.
The base of a
M. Communications Towers, Alternative Tower Structures and Towers shall be painted in a color which best allows them to blend into the surrounding area unless otherwise required by the Federal Communications Commission.
N. The applicant shall submit with the application in writing a certification by a Pennsylvania registered professional engineer that the proposed Communications Tower, Alternative Tower Structure or Tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industry Association/ Telecommunications Industry Association, other applicable established standards and applicable requirements of the Millcreek Township Building Code. Such certification must be signed and under the seal of the engineer.
O. The site of a Communications Tower, Alternative Tower Structure, Tower and any related Communications Equipment Building or other structure shall be enclosed by a fence having openings not greater than 9 square inches which is not less than six feet (6') and not greater than eight feet (8') in height measured from ground level.
P. At least two (2) off-street parking spaces shall be provided within the fenced area.
Q.
Any proposed new
R.
No signs or lights shall be mounted on a
S.
T.
The
U. If a Communications Tower, Alternative Tower Structure or Tower remains unused for a period of twelve (12) consecutive months, the owner or operator shall dismantle and remove the Communications Tower, Alternative Tower Structure or Tower within six (6) months after the expiration of such 12-month period.
SECTION 6. Section 1008 (Special Exceptions) of the Zoning Ordinance is amended, to authorize Communications Antennas, Personal Wireless Service and other facilities mounted on Communications Towers, Alternative Tower Structures and Towers as uses on special exception in the “D” Business District and Light Industry District subject to compliance with expressed criteria, said Section as modified hereby to read as follows:
E.
18. For
Communications Antennas, Personal Wireless Service and other facilities mounted
on
(a) All regulations set forth in Section 814 governing wireless, Personal Wireless Services, Communications and other antennas, facilities and Communications Equipment Buildings; and
(b) All regulations set forth in Section 815 governing Communications Towers, Alternative Tower Structures and Towers; and
(c) Co-location of Communications Antenna, Personal Wireless Service facilities and other facilities or their placement on existing structures should be encouraged wherever practicable; and
(d) The physical conditions and circumstances of the subject premises and of adjacent uses, including topography, existing trees or other potential sight screens shall be considered and may, in appropriate circumstances in the authorized use districts, warrant minor deviations in setback or height regulations subject to standards established in Section 815, so long as such deviations do not expose adjacent properties or uses to risk of harm or material detriment; and
(e) The use of Alternative Tower Structures shall be encouraged whenever practicable; and
(f) Evidence of licensure, interests in the subject property, insurance, engineering certifications and other documents required under Sections 814 and 815 may be submitted and received as exhibits without requiring an applicant to testify as to such matters, except as the Zoning Hearing Board deems necessary; and
(g) Rights accorded owners and operators of Communications Antennas and related facilities under Federal law shall be respected, such that opposition to a lawful and authorized use as such shall not be grounds for denial of the use; and
(h) In accordance with Subsection C, the Board shall attach such reasonable conditions upon a use as it deems necessary in the circumstances to effectuate the purposes of the Ordinance and to protect the interest of the public and reasonable interests of adjacent uses and developments; and
(i) Regulations in Sections 814 and 815 requiring submission by applicants of inspection reports and ongoing compliance with applicable laws and regulations shall constitute conditions on all uses granted on special exception without being fully recited.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein.
SECTION 8. All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed.
BE IT ENACTED this 26th day of January, 1999.
_______________________________________
Suzanne R. Weber, Secretary