§ 255-30.1.   Cellular communications antennas.
[Added 8-13-1996 by Ord. No. 915]
In recognition of the quasi-public nature of cellular communications systems, the following special regulations shall apply:
   A.   Purposes. Purposes shall be as follows:
      (1)   To accommodate the need for cellular communications while regulating their location and number in the Township.
      (2)   To minimize adverse visual effects of cellular communications and through proper design, sitting and vegetative screening.
      (3)   To avoid potential damage to adjacent properties from failure and falling ice, through engineering and proper sitting of .
      (4)   To encourage the joint of any new to reduce the number of such needed in the future.
   B.    regulations. [Amended 7-14-1998 by Ord. No. 972; 7-14-1998 by Ord. No. 974]
      (1)   A is permitted by conditional in any zoning district, except in a residential zoning district or within 500 feet thereof.
      (2)   A is permitted on property owned and used by Upper Dublin Township for municipal purposes in any zoning district. [Amended 8-10-1999 by Ord. No. 1003]
      (3)   In addition to the notice requirements for a conditional hearing provided in Article XXV, the Board of Commissioners shall also mail a notice of the conditional hearing, at the applicant's expense, to all property owners within 500 feet of the proposed   , provided that failure to receive notice required by this subsection shall not invalidate any action taken by the Board.
      (4)   All other ancillary to a (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the site of a , unless otherwise permitted in the zoning district in which the facility is located.
      (5)   Any to be erected in a shall be a , shall be mounted on a utility pole not more than 40 feet in height, and may not be erected if the site of the facility is within 500 feet of a residential zoning district.
      (6)   All wireless communications facilities shall be of design. The applicant shall submit its proposal for such design at the time the application for the facility is filed with the Township. The design shall be approved by the Board of Commissioners in the grant of the conditional .
   C.   Standards of approval of conditional . [Amended 7-14-1998 by Ord. No. 974]
      (1)   The wireless communications company is required to demonstrate, using technological evidence, the area the is trying to cover and why it cannot be placed at a different height or a different location or provide coverage to a different area.
      (2)   If the wireless communications company proposes to build a tower (as opposed to mounting the on an ), it is required to demonstrate that it contacted the owners of tall within a one-fourth mile radius of the site proposed, asked for permission to install the on those and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall , of other wireless communications companies, other communications towers (fire, police, etc.) and other tall . The Board of Commissioners may deny an application to construct a new tower if the applicant has not made a good faith effort to mount the on an .
      (3)   The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed antennae support has been designed and will be constructed in accordance with the current structural standards for steel towers and supporting , published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Upper Dublin Township Building Code. 14
   D.   Standards of approval of all wireless communications . [Amended 7-14-1998 by Ord. No. 974]
      (1)    . Communications attached to an existing or shall be permitted to exceed the height limitations of the applicable zoning district or the highest elevation of the or , whichever height is less, by no more than 20 feet. [Amended 8-8-2000 by Ord. No. 1040]
      (2)   Setbacks from base of . If a new is constructed (as opposed to mounting the on an ), the minimum distances between the base of the support or any guy wire anchors and any property line or shall be the largest of the following:
         (a)   Thirty percent of (measured from ground level).
         (b)   The minimum front setback in the underlying zoning district.
         (c)   Forty feet.
      (3)    and operating safety.
         (a)   The applicant shall demonstrate that the proposed and support are safe and the surrounding areas will not be negatively affected by support failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support shall be fitted with anti-climbing devices, as approved by the manufacturers. This condition is provided recognizing the fact that the Telecommunications Act of 1996 gives sole jurisdiction to the Federal Communications Commission (FCC) in the field of radio frequency emissions regulations, and that the Township is not permitted thereunder to condition or deny approval of a which meets or exceeds the FCC standards for radio frequency impact on the basis of that impact.
         (b)   Any applicant proposing communications to be mounted on a or other shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the or other , considering wind and other loads associated with the location.
         (c)   Any applicant proposing communications to be mounted on a or other shall submit detailed and elevation drawings indicating how the will be mounted on the for review by the Township for compliance with the Upper Dublin Township Building Code 15 and other applicable law.
         (d)   Wireless communications facilities shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Testing to assure compliance shall be performed annually by the Township, at the applicant's expense, or, at the Township's election, shall be performed by the applicant and the results provided to the Township upon receipt. The applicant shall provide the Township, upon receipt, with copies of whatever reports are generated concerning electromagnetic radiation from the applicant's facilities in the Township.
         (e)   Communications shall not cause radio frequency interference with other communications facilities located in the Township.
      (4)   Fencing. A fence shall be required around a unless it is within a or is waived by the Board of Commissioners. The fence shall be eight feet in height, exclusive of barbed wire protection. In all other respects, the fence shall conform to the provisions of § 255-24.
      (5)   Landscaping. The following landscaping shall be required to screen as much of the support as possible, the fence surrounding the support and any other ground level features (such as a ) and in general to soften the appearance of the . 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 is mounted on an , and other equipment is housed inside an , landscaping shall not be required.
         (a)   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.
         (b)   In addition, existing vegetation on and round the site shall be preserved to the greatest extent possible.
      (6)   In order to reduce the number of in the community in the future, the proposed support shall be required to accommodate other users, including other wireless communications companies, and local police, fire and ambulance companies.
      (7)   The wireless communications company must demonstrate that it is licensed by the Federal Communications Commission to operate an , if applicable, and the for which application is sought and must provide the Township annually with documentation that it continues to be so licensed. The wireless communications company shall submit, upon application, a copy of its current Federal Communication Commission License, the name, address and emergency telephone number for the operator of the communications support and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the specific for which the application is filed.
      (8)   Parking shall be provided as required by Article XIX of this chapter. [Amended 6-11-2002 by Ord. No. 1089]
      (9)    under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support may be painted green up to the height of nearby trees. Support 200 feet in height or taller shall meet all Federal Aviation Administration regulations. No may be artificially lighted except when required by the FAA.
      (10)   The applicant shall be required to remove the and ancillary facilities within 60 days of discontinuance of .
      (11)   A full site plan shall be required for all wireless communications facilities showing the , , , fencing, buffering, access, landscaping and all other requirements of Chapter 212.
      (12)   Any applicant proposing to mount a on a or other shall submit evidence of agreements and/or easements necessary to provide access to the or on which the are to be mounted so that installation and maintenance of facility can be accomplished.
      (13)    size.
         (a)   Omni-directional or whip communications shall not exceed 20 feet in height and seven inches in diameter.
         (b)   Directional or panel communications shall not exceed five feet in height and three feet in width.
      (14)    -mounted communications shall not be located on any single-family or two-family .
14. Editor's Note: See Ch. 73, Building Construction.
15. Editor's Note: See Ch. 73, Building Construction.