A. Purposes. The purposes of this section shall be as follows:
(1) To accommodate the need for wireless communication facilities while regulating their location and number in the Township.
(2) To minimize adverse visual effects of wireless communication facilities and support structures through proper design, siting and vegetative screening.
(3) To avoid potential damage to adjacent properties from support structure failure and falling ice through engineering and proper siting of support structures.
(4) To encourage the joint use of any new support structures to reduce the number of such structures needed in the future.
B. Use regulations.
(1) A wireless communication facility with support structure shall be a permitted use of land in VC, TC, RHR, BMV, CAD and LI Districts, except for land within 500 feet of a day-care, preschool, primary and secondary school facility. In residence zoning districts, a wireless communication facility with support structure is permitted only if the property is owned by the Township of Lower Merion and used for municipal purposes or if the property is a cemetery use conducted on a lot of at least 10 acres in size.
(2) An attached wireless communication facility is a permitted use in all zoning districts, except for land within 500 feet of a day-care, preschool, primary and secondary school facility.
(3) If the application is for a wireless communication facility on a new support structure, then a special exception from the Zoning Hearing Board will be required.
(4) All other uses ancillary to a wireless communication facility (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the wireless communication facility site unless otherwise permitted in the zoning district in which the wireless communication facility site is located.
(5) No wireless communication facility with support structure shall be permitted on a lot which is nonconforming as to size, and no more than one such support structure shall be permitted on any lot.
(6) No more than one wireless communication facility visible from a lot line of the property on which it is located shall be permitted on any lot unless multiple facilities are collocated on a single support structure.
C. General standards applicable to all wireless communication facilities.
(1) Height restrictions.
(a) Attached wireless communication facilities.
[1] Antenna array on any attachment structure must be more than 35 feet above ground on all sides of the structure and are prohibited on all structures 35 feet or less in height.
[2] The height from grade of the antenna array may not exceed the height from grade of the attachment structure by more than 20 feet.
[3] If a wireless communication facility or its appurtenances extend above the primary roof of any attachment structure, they must be set back one foot from the edge of the primary roof for each one foot in height above the primary roof which the wireless communication facility extends unless the facility is appropriately screened from view through the use of panels, walls or other screening techniques approved by the Zoning Officer. Setback requirements shall not apply to a wireless communication facility which is mounted on the exterior of an attachment structure below the primary roof, and which does not protrude more than 18 inches from the side of such attachment structure.
(b) Wireless communication facilities with support structure.
[1] The maximum height of any wireless communication facility shall be 200 feet.
[2] The applicant shall demonstrate that the wireless communication facility with support structure is the minimum height required to function satisfactorily within the applicant's grid. No such facility that is taller than this minimum height shall be approved, except to facilitate collocation.
[3] The measurement of height for the purpose of determining compliance with these requirements shall be from grade and shall include the support structure itself, the base pad and any facilities attached thereto.
(2) Setbacks from base of support structure. If a new support structure is constructed (as opposed to mounting the wireless communication facility on an existing support structure), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or ROW line shall be the largest of the following:
(a) In residence zoning districts, all wireless communication facilities with support structure shall be set back a minimum distance equal to the height of the wireless communication facility with support structure. If the support structure is self-collapsing, the setback may be reduced to 50 feet, plus one foot for each additional foot in height above 100 feet, provided that it is placed within the setback envelope at a location which the Director of Building and Planning determines will make it least visible from a property or ROW line.
(b) In VC, TC, RHR, BMV, CAD and LI Districts, all wireless communication facilities with support structure shall be set back a minimum distance of 25 feet, plus one foot for each additional foot in height above 100 feet. In no case shall the set back from a residential zoning district be less than that required if the property were zoned residential.
(c) These setback provisions shall not apply to Township property.
(d) Setback requirements may be modified by conditional use if the Board of Commissioners finds that placement of a wireless communication facility with support structure in a particular location will reduce its visual impact; for example, if adjacent to trees or a structure which may provide a visual screen.
(3) Support structure safety. The applicant shall demonstrate that the proposed wireless communication facility and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(4) Stealth design. Wireless communication facilities shall be of stealth design, as required by the Township, and must comply with the following standards relating to aesthetics, placement, materials and colors:
(a) Attached wireless communication facilities shall be designed and maintained so as to blend in with the existing structure to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communication facility and use of compatible or neutral colors.
(b) Attached wireless communication facilities shall be screened in a reasonable and achievable manner.
(c) Wireless communication facilities with support structure shall be designed so as to blend in with the existing surroundings feasibly, including the use of compatible colors and disguised structures.
(d) Equipment facilities shall, to the extent practicable, use materials, colors and textures that blend in with the natural setting and built environment.
(5) Special standards applicable to all wireless communication facilities other than micro facilities.
(a) Fencing. A fence shall be required around the wireless communication facility with support structure and other equipment unless the wireless communication facility is mounted on an attachment structure. The fence shall be a maximum of eight feet in height and shall conform to the provisions of
§ 155-3.7A.
(b) Landscaping. The applicant shall submit a planting plan with its application, preserving existing vegetation on and around the site to the greatest extent possible. The Township will utilize the guidelines of the
Chapter 101: Natural Features Conservation, prior to granting approval.
(c) In order to reduce the number of wireless communication facilities with support structure in the community in the future, the proposed support structure shall be required to accommodate other users, including other wireless communication service providers and police, fire and ambulance companies.
(d) Support structures shall meet all Federal Aviation Administration (FAA) regulations. No support structure may be artificially lighted except when required by the FAA.
(e) Variance. If a variance is requested from the Zoning Hearing Board from any of the requirements of this section, in addition to the normal application requirements, the application for variance shall include the following:
[1] A description of how the applicant's construction plan addresses any adverse impact which might occur as a result of approving the variance.
[2] A description of off-site or on-site factors which mitigate any adverse impacts which might occur should the variance be granted.
[3] A technical study which documents and supports the criteria submitted by the applicant upon which the request for variance is based. Such technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed variance and its relationship to the surrounding ROW and properties.
[4] For a variance to the setback requirement, the application shall identify all property where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for location or collocation and the result of such attempts.
(6) Standards of special exception approval. If an applicant requires a special exception, it must comply with the provisions of
§ 155-11.2H, Burden of proof, as well as the following:
(a) Using technological evidence, demonstrate that the wireless communication facility must go where it is proposed in order to meet the community's need for wireless communication services not presently being met by any wireless communication provider.
(b) Demonstrate that a good-faith effort was made to mount antenna array on an existing structure. The applicant shall submit proof that it contacted the owners of tall structures within a one-fourth-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. This would include smokestacks, water towers, tall buildings, support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall, feasible and structurally sound structures.
(c) Provide evidence satisfactory to the Zoning Hearing Board that the stealth design of the wireless communication facility effectively minimizes its visual impact and blends with its surroundings.
(d) A plan shall be required for all wireless communication facilities showing the antenna array, support structure, building, 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.
(e) Comply with the general standards of approval for all wireless communication facilities as set forth herein.
(f) The owner of any new support structure shall be required to accommodate other users on the support structure, provided that the structure is capable of supporting the additional facilities, the prospective user offers fair market rent and the operation of the additional facilities will not interfere with other communications facilities.
(7) Nonconforming wireless communication facilities. Wireless communication facilities in existence on the date of the adoption of this subsection, which do not comply with the requirements of this section, shall be subject to the provision of
§ 140-10: Maintenance.