CHAPTER 830
Communications Facilities
830.01 Purpose.
830.02 Definitions.
830.03 Permitted uses.
830.04 Use, area and height regulations.
830.05 Standards of approval.
880.06 Landscaping.
830.07 Fencing.
830.08 Parking.
830.09 Site plan.
830.10 Maintenance requirements.
830.11 Abandonment.
830.99 Penalty.
CROSS REFERENCES:
C.A.T.V.- see B. R. & T. Ch. 818
Satellite antennas - see P. & Z. 1292.14
The purpose of this chapter and the standards established herein is to govern the use, construction and sitting of towers, cellular and wireless towers, facilities and equipment, so as to:
(a) Accommodate the need for wireless communications, cellular communications and personal communications services towers, cellular and wireless towers, facilities and equipment while regulating their location and number in Aston Township;
(b) Minimize adverse visual effects of towers, cellular and wireless towers, facilities and equipment through careful design, siting and vegetative screening;
(c) Avoid potential damage to adjacent properties from antenna support structure failure and falling ice and debris through engineering and careful siting of antenna support structures; and
(d) Maximize the use of any new or existing antenna support structures or other tail structure(s) so as to reduce the number of antenna support structures needed in the future.
(Ord. 771. Passed 6-17-98.)
The following terms, used in this section, shall be interpreted as follows:
(a) Antenna - Any device or mechanism used in the collection, transmitting, routing or receiving of telecommunications transmissions, radio signals or radio frequency energy, including, but not limited to, use by or in the provision of wireless communications, cellular communications and personal communications services.
(b) Antenna Height - The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
(c) Antenna Support Structure - Any pole, telescoping mast, monopole, tower, tripod or other structure which supports or has attached to it, an antenna or antennas.
(d) Cell Site - A tract or parcel of land that contains the wireless, cellular or personal communications service antenna, its antenna support structure, accessory building(s), and parking, and that may include other uses associated with and ancillary to providing wireless communications, cellular communications or personal communications services.
(e) Tower - Any pole, telescoping mast, monopole, tower, tripod or any other like structure to be erected within the Township of Aston.
(d) Towers, Cellular and Wireless Towers, Facilities and Equipment - includes, but is not limited to, antennas, antenna support structures and cell sites. (Ord. 771. Passed 6-17-98.)
A cell site is a permitted use, by right, in the following zoning districts or in conjunction with the following uses and no other:
(a) LI, Limited Industrial District
(b) Any parcel used exclusively as a Municipal use.
(Ord. 771. Passed 6-17-98.)
830.04 USE, AREA AND HEIGHT REGULATIONS.
(a) A cell site with an antenna that is attached to an existing wireless communications, cellular communications or personal communications services tower or to a smoke stack, water tower, or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than fifteen feet.
(b) A cell site with an antenna that is not mounted on an existing antenna support structure shall not have an antenna height or tower height in excess of 180 feet.
(c) All other uses ancillary to the towers, cellular and wireless tower, facilities and equipment (including, but not limited to, a maintenance depot, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located. Such other ancillary uses shall not be considered accessory uses.
(d) Setbacks from the base of any new antenna support structure to be constructed (as opposed to mounting the antenna on an existing structure) shall be a minimum distance of 350 feet from the base of the support structure or any guy wire anchors and any property line or right-of-way.
(e) Any provisions of the Zoning Code or any other Township ordinance which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this section, and shall apply to any proposed tower, cellular and wireless tower, facilities and equipment.
(Ord. 771. Passed 6-17-98.)
The following standards of approval shall apply to all towers, cellular and wireless towers, facilities and equipment:
(a) The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be located where proposed in order to satisfy its function in the applicant’s grid system.
(b) If the applicant proposes to build an antenna support structure, the applicant shall provide written evidence that it first contacted the owners of tall structures within a one-quarter mile radius from the proposed cell site, requested permission to install the antenna on those structures, and was denied for reason other than economic ones. Tall structures shall include, but not be limited to, smoke stacks, water towers, buildings in excess of six stories, antenna support structures of other wireless communications, cellular communications and personal communications service providers, other communications towers (fire, police, etc.), and other similar tall structures.
(c) The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of wireless, cellular or personal communications services has already agreed to co-locate on the applicant’s antenna support structure at a greater height than is required by the applicant.
(d) The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and the surrounding properties will not be negatively affected by an antenna support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(e) In order to reduce the number of antenna support structures needed in the Township in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other wireless communication, cellular communications and personal communication service provider companies, and local police, fire and ambulance companies. The applicant shall provide evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant’s proposed antenna support structure.
(f) The applicant must demonstrate that it is licensed by the Federal Communication Commission (FCC) to provide wireless communications, cellular communications and/or personal communications services.
(Ord. 771. Passed 6-17-98.)