Permitted uses.

(1) Public property. A wireless telecommunications facility with antennas and assorted equipment that is to be situated on land owned or controlled by Limerick Township is permitted without the need for a conditional use, subject to the zoning restrictions herein, provided that the applicant submits a written agreement with the Township authorizing such antenna and/or wireless support structure.

(2) Existing support structure. A wireless telecommunications facility with antennas and assorted equipment that is to be attached to an existing wireless telecommunications facility, smokestack, water tower, or any other tall structure is permitted in all zoning districts without the need for a conditional use, provided that the applicant submits a written agreement with the owner of the wireless support structure allowing the shared use.

(3) New tower construction. A wireless telecommunications facility with antennas and assorted necessary equipment that is not to be mounted on an existing wireless support structure is permitted without the need for a conditional use in a district zoned Office/Limited Industrial (O/LI), Limited Light Industrial (LLI), Heavy Industrial (HI), Heavy Industrial and Energy (HI/E), and Retail Business (RB), provided that the applicant demonstrates that it contacted the owners of tall structures within a two-mile radius of the proposed site. Such tall structures include, but are not limited to, smokestacks, water towers, tall buildings, existing towers owned by other wireless telecommunications service providers and other communications towers (fire, police, etc.).

(a) The Zoning Officer may deny any application to construct a new tower if a determination is made that the applicant did not make a good-faith effort to mount the antenna on an existing structure. For the purposes of this section, a good-faith effort requires that the applicant contact all owners of potentially suitable structures within a two-mile radius of the proposed site and one or more of the following reasons for not selecting an existing tall structure applies:

[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 equipment would cause radio frequency interference with other existing equipment for that structure and the interference cannot be prevented at a reasonable cost;
[3] Existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its function;
[4] The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communication Commission governing human exposure to electromagnetic radiation; and/or
[5] A commercially reasonable agreement could not be reached with the owner(s) of any existing structure(s).

 

Conditional uses.
A wireless telecommunications facility with antennas and assorted necessary equipment that is not to be mounted on an existing wireless support structure or other potentially suitable existing structure is permitted as a conditional use in a district other than O/LI, LLI, HI, HI/E, and RB, excluding residential districts. The Board of Supervisors may grant a conditional use after review of the Planning Commission and a public hearing before the Board of Supervisors. All adjacent parcel owners, regardless of municipality of the parcel, must be notified in writing at least two weeks prior to the public hearing. In addition, the applicant must:
 

(1) Establish that there is not suitable space on potentially suitable existing structures or other wireless telecommunications services sites where the proposed wireless telecommunications facility can be accommodated and function as required by its construction permit or license without unreasonable modification;

(2) Establish that technological evidence conclusively demonstrates that the intended location of the proposed wireless telecommunications facility is necessary to satisfy its function in the grid system and the providing of the quality of service required by law;

(3) Site plan requirements. See § 184-239D(3) for a complete list.

 

Replacement, collocation or modification of antennas. See § 184-239E for detailed information.
 

As-built plans. Within 60 days of completion of the initial construction and any additional construction, applicant shall furnish two complete sets of plans, drawn to scale and certified to the Township as accurately depicting the location of a wireless telecommunications facility constructed pursuant to the building permit.

Removal. Any wireless support structure that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the Township with a copy of the notice to the FCC of intent to cease operations and shall be given 90 days from the date of ceasing operations to remove the obsolete wireless support structure and ancillary structures. In the case of multiple operators sharing use of a single wireless support structure, this provision shall not become effective until all users cease operations.

Site plan. A full site plan and written report containing the information required in § 184-239D(3) shall be submitted by the applicant in every instance except as provided in § 184-239C.

Violations and penalties applicable to all wireless telecommunications facilities.

A. Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. Each day that the violation continues shall constitute a separate violation. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain any violation of any provision of this article.

B. Determination of violation. In the event a determination is made that a person has violated any provision of this article, such person shall be provided with written notice of the determination and the reasons therefore. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided that the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

Miscellaneous.

A.  Police powers. The Township, by granting any permit or taking any other action pursuant to this article, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.

B. Amateur radio. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio status operator.