what zoning district am i in penn township butler pa

According to APT, the interpretation and application of the Ordinance has effectively prohibited APT's right to construct a personal wireless service facility as contemplated by the Telecommunications Act. APT seeks declaratory, injunctive, equitable, mandamus and compensatory relief under the Telecommunications Act. Accordingly, the challenges were deemed to be denied.įollowing the denials, APT commenced this action. The ZHB was, however, unable to agree to any findings concerning the other challenges, and failed to issue a written decision on these issues. Following the presentation of evidence by APT, the ZHB issued a written decision denying the application for a variance. The application included a request for a variance, an exclusionary challenge to the Ordinance, and a challenge to the Ordinance under the Telecommunications Act of 1996, 47 U.S.C.

Nevertheless, APT entered into a lease for the 'RE' property and filed an application with the Penn Township Zoning Hearing Board ('ZHB'), seeking permission to locate a tower on the property. In the meantime, Penn Township's Board of Supervisors enacted an 'Amended Ordinance' restricting the erection of communications towers to 'M' Districts.

Having found a suitable parcel of land located in a residential area ('RE'), APT sought to negotiate a lease *794 with the property owner. To ensure 'seamless coverage,' APT's engineers determined that an antenna site was needed in Penn Township. The issuance of the license was predicated upon APT's assurance that it will provide seamless coverage. The MTA consists of western Pennsylvania, the West Virginia panhandle, and southeastern Ohio. The Federal Communications Commission granted Plaintiff APT Pittsburgh Limited Partnership ('APT') a license to provide wireless Personal Communications Service ('PCS') in the Pittsburgh Major Trading Area ('MTA'). Pennsylvania.Ĭlifford Levine, Thorp Reed & Armstrong, Pittsburgh, PA, for Plaintiff. PENN TOWNSHIP, Butler County of Pennsylvania, a Political Subdivision of the Commonwealth of Pennsylvania, the Penn Township Board of Supervisors, and the Penn Township Zoning Hearing Board, Defendants. APT PITTSBURGH LIMITED PARTNERSHIP, Plaintiff,

What zoning district am i in penn township butler pa