ORDINANCE NO. 115
AN ORDINANCE OF
The Board of Supervisors of Kennett Township hereby enacts and ordains the
following amendment of the Kennett Township Zoning Ordinance, Ordinance No. 50,
as amended:
Section 1.
SECTION 201, DEFINITION OF TERMS, is
amended by adding the following defined term:
Communication Tower:
A reception and transmission tower intended for transmitting or receiving
radio, television, telephone or digital communications.
Section 2.
SECTION 801, REGULATIONS FOR C-1
COMMERCIAL DISTRICTS, Subsection C., is amended by adding the following as a
use permitted by conditional use:
2.
Communication towers in accordance with Section 1327.
Section 3. SECTION 1001, USE REGULATIONS
FOR C COMMERCIAL DISTRICTS, Subsection C., is amended by adding the
following as a use permitted by conditional use:
12.
Communication towers in accordance with Section 1327.
Section 4.
SECTION 1006, USE REGULATIONS FOR LI
LIMITED INDUSTRIAL DISTRICTS, Subsection C., is amended by adding the
following as a use permitted by conditional use:
6. Communication towers in
accordance with Section 1327.
Section 5.
SECTION 1010, USE REGULATIONS FOR BP
BUSINESS DISTRICTS, Subsection C., is amended by adding the following as a
use permitted by conditional use.
9. Communication
towers in accordance with Section 1327.
Section 6.
ARTICLE XIII, GENERAL PROVISIONS, is
amended by adding the following new section:
Ordinance No. 115
Page 2
All communication towers constructed in the Township will comply with the
following specifications:
A.
All communication towers will be a monopole construction, unless the applicant
demonstrates, to the satisfaction of the Township at the conditional use
hearing, that lattice-type construction is more suitable for the intended
application.
B.
All communication towers over thirty-five (35) feet in height must meet
ANS/EIA/TIA-222E (American National Standards Institute, Electrical Industry
Association, and Telecommunications Industry Association tower specifications)
requirements or its latest revision. Further, due to local weather conditions,
the tower must be built to withstand one hundred (100) MPH sustained winds with
a uniform loading of fifty (50) pounds, or short duration gusts of up to one
hundred fifty (150) MPH. An independent structural engineer registered in
Pennsylvania shall attest to the proposed tower’s ability to meet this
requirement and certify proper construction of the foundation and erection of
the tower.
C.
The maximum height of a communication tower shall be one hundred fifty (150)
feet, except that a tower of up to two hundred fifty (250) feet may be permitted
so long as the applicant demonstrates to the Board of Supervisors at the
conditional use hearing that:
1.
there are no inhabited structures or electrical transmission lines within a two
hundred fifty (250)-foot radius;
2.
the tower is lighted to prevent interference with air traffic, if required by
the Federal Aviation Administration;
3.
all health, safety and welfare issues have been properly addressed;
4.
the requested height is the minimum height necessary to meet the particular
communication requirements of the proposed facility; and
5.
it does not have the ability to use an existing communication tower or other
tall structure for its communications requirements.
D.
Owners of communication towers higher than thirty-five (35) feet will secure the
property boundary, or at a minimum the tower base, including any support
structures, with a chain link fence which shall be ten (10) feet in height, or
such lesser height as the Board of Supervisors may determine to be adequate for
security based upon the testimony presented at the conditional use hearing. In
addition to the boundary security, all communication towers in excess of
thirty-five (35) feet in height will have an integral security platform, or
other means of locked access, to prevent unauthorized climbing of the tower.
Landscaping will be provided around all fences and to screen them from public
views and adjoining properties.
Ordinance No. 115
Page 3
E.
All communication tower owners will provide the Township with a statement that
the emission of radio waves emanating from the tower are in compliance with all
FCC regulations concerning radio frequency emissions.
F.
If measurable radio interference does result from the installation and use of
the communication tower, the owner of that tower will be required to cease
operation immediately, until the problem is corrected, or if the problem is not
correctable to abandon operation entirely and dismantle the tower as required in
paragraph H of this Section 1327.
G.
The owner of any communication tower higher than thirty-five (35) feet will be
required to routinely submit to the Township proof of an annual inspection and
tower maintenance program. Any structural faults thus noted will be immediately
corrected by the owner. Failure to provide proof to certified inspection will
result in notification to the owner to cease operation and dismantle the tower
as required by paragraph H of this Section 1327.
H.
The communication tower owner is required to notify the Township immediately
upon cessation of use or abandonment of the operation. The communication tower
owner has ninety (90) days from cessation of use or abandonment of the
communication tower in which to dismantle and remove all structures from the
property. At the time of issuance of the permit for the construction of the
communication tower, the owner shall provide financial security in form and
amount acceptable to the Township to secure the expenses of dismantling and
removing said structures.
I.
All communication towers must comply with yard setback requirements for the
zoning district within which they are permitted, and, in addition, the
combination of setbacks between the property in question and the adjoining
property shall be at least one-third (1/3) the height of the tower. The
communication tower shall be designed, where technically feasible, with a break
point which shall ensure that the structure will fall within the setback.
J.
If there is suitable space available on an existing communication tower within
the geographic area that a new communication tower is intended to serve, no new
tower shall be established. The owner of the communication tower shall make
joint use of the tower available to other users upon such terms and conditions
as are customary and usual in the industry. All new communication towers shall
be designed with sufficient capacity for joint use.
K.
In addition to the above standards, all other applicable performance standards
applicable to the zoning district within which the communication tower is
permitted shall apply to the tower and any associated support facilities or
structures. This would require that all applicable plans must be submitted for
land development review and approval for any application for a communication
tower.
Ordinance No. 115
Page 4
L.
The owner of the communication tower shall be required annually to provide a
certificate of insurance to the Township providing evidence of liability
insurance at levels acceptable to the Township and naming it as an additional
insured on the policy of the owner.
ENACTED AND ORDAINED this 16th day of
February, 1998
_________________________
__________________________
Charles G. Shoemaker
James C. Henderson