Ordinance Regulating Cell Phone Towers When Proposed Project Is Not a Land Development Nor a Subdivision
Does a Tower Company Have to Comply With An Ordinance Regulating Cell Phone Towers If its Proposed Project Is Not a Land Development Nor a Subdivision ?
In Tu-Way Tower Co. v. Zoning Hearing Board of Township of Salisbury, 688 A.2d 744 (Pa. Cmwlth. 1997), this Court held that a special exception filing made by Tu-Way was not a land development.
Tu-Way made this argument so as to avoid the application of the pending ordinance doctrine.
Tu-Way proposed to add 200 feet to its existing tower and to construct two additional towers and accessory buildings, which, in it words, would allow it to "subdivide" its new tower capacity by entering multiple "leases" with its new customers.
The Court held that these "leases" were licenses because they did not divide the land, but rather, conveyed antenna space on Tu-Way's towers.
Indeed, Tu-Way's interest in the land was unchanged.
Thus, the Court held that Tu-Way's proposed project was neither a land development nor a subdivision, thereby requiring Tu-Way to comply with the new ordinance regulating cell phone towers.