[Added 10-14-1997 by Ord. No. 148]
In recognition of the quasi-public nature of
communications facilities and operations licensed by the Federal Communications
Commission (FCC), and with the advice of technical consultants, including
representatives of the communications industry as to the needs and
requirements of that industry, the following special regulations shall
apply.
The purposes of this article include:
A.
To accommodate the need for communications facilities
in areas of the Borough particularly suited for such uses due to topography
and other location considerations while regulating their location
and number in the Borough.
B.
To minimize adverse visual effects of communications
equipment, towers and antennas through proper design, siting and screening.
C.
To avoid potential damage to adjacent properties from
tower failure, through engineering and proper siting of towers.
D.
To require the joint use of any new towers, to reduce
the number of such structures needed in the future.
For the purposes of this article the following
definitions shall apply:
A communications facility on a lot where the communications
facility is operated solely in a manner and for a purpose that is
customarily accessory to the primary business or other use being conducted
upon such lot. By way of clarification and not limitation of the definition,
"accessory communications facility" shall include the communications
facility on a lot operated solely by an amateur radio operator at
his residence and the communications facility on a lot operated solely
for the dispatching of vehicles operated for the business or other
use which is the primary use on the lot.
A communications tower, water tower, smoke stack, building
or other similar structure that can support radio antennas above ground
level.
Antennas, radio receivers and transmitters, batteries and
other power sources, cables, generators, and other equipment and appurtenances
necessary for installation and operation of a radio transmitting and/or
receiving facility licensed for operation by the FCC, but not including
within this definition the antenna supporting structure.
The communications equipment, any building necessary to house
the communications equipment and antenna supporting structure, if
any, which together constitute the operating facilities for transmitting
and/or receiving radio signals on a lot. By way of clarification and
not of limitation, "communications facility" shall not include a business
office, maintenance depot, vehicle storage or outdoor storage of inoperative
equipment, though such uses are not prohibited by this definition
if they otherwise constitute a lawful use on the lot.
The areas of the Borough which are depicted in Exhibit "A"
which is attached hereto and incorporated herein.[1]
A lattice tower, guy tower, or monopole designed solely for
the purpose of supporting antennas and cables for transmitting and/or
receiving of radio signals.
A communications facility on a lot where the communications
facility is not customarily accessory to the principal use on the
lot or where there is no use on, or proposed to be on, the lot except
for the communications facility.
[1]
Editor's Note: Said exhibit is on file in
the Borough offices.
The following uses shall be permitted uses in
any zoning district of the Borough:
A.
Communications facility located and operated on, within
or adjacent to any antenna supporting structure that exists as of
the date of the adoption of this chapter provided the height of the
antenna support structure not be increased.
The following uses shall be permitted in any
zoning district of the Borough when authorized by the Zoning Hearing
Board as a special exception:
A.
Existing accessory communications facility with a
communications tower proposed to be raised or extended subject to
the requirements in §§ 185-135 and 185-136.
B.
Existing independent communications facility with
a communications tower proposed to be raised or extended, subject
to the requirements in §§ 185-135 and 185-136.
A communications facility for which special exception approval is sought shall meet the requirements in § 185-136 and the following additional requirements:
A.
The applicant shall demonstrate that any communications
tower proposed to be constructed, installed or increased in height
is:
(1)
The minimum height necessary for service to
the area by the applicant or other actual user of the communications
tower for reasonably anticipatable future requirements
(2)
Should be located in the proposed location in
order to serve the purposes of the radio system of the applicant or
actual user of the communications tower.
B.
All communications towers for an independent communications
facility shall be designed and constructed so as to allow for use
by more than one communications facility. Owners or operators of such
communications towers shall make such communications towers available
for use and occupancy, upon reasonable economic and other terms, by
operators of any other proposed communications facility.
C.
The applicant shall demonstrate that, before any communications
tower is constructed, installed or increased in height, the applicant
has contacted the owners or operators of all potential antenna supporting
structures that are technically capable of serving the applicant's
communications transmissions and reception requirements within a one-half
mile radius of the proposed communications tower site and has been
denied permission to install its communications facility thereon because
of the physical limitations of the antenna supporting structure.
The following requirements shall apply to all
independent communications facilities and accessory communications
facilities:
A.
No communications tower shall exceed 150 feet in height
above the ground.
B.
No communications tower shall be nearer than 1/2
mile from another communications tower.
C.
No advertising, signage, or lettering shall be affixed
to, suspended from or painted on any communications tower or communications
facility.
D.
All communications towers shall comply with the yard
requirements for the underlying district in which the communications
tower is to be located; provided, however, that the rear yard applicable
to an antenna supporting structure constructed in the Business District
solely for the purpose of supporting antennas (e.g., towers or poles
but not buildings) shall be 25 feet.
E.
A security fence eight feet in height shall completely
surround a communications tower (except one operated solely for amateur
radio broadcasting accessory to a residence), guy wires, if used,
and communications equipment not located within a building, unless
such requirement is waived by the Council of the Borough in its discretion.
F.
A planted buffer shall be located around the perimeter
whether or not a security fence is required, as follows:
(1)
An evergreen screen shall be planted that consists
of either a hedge, planted a maximum of three feet on-center, or a
row of evergreen trees planted a maximum of ten feet on-center.
(2)
Existing vegetation (trees and shrubs) shall
be preserved to the maximum extent feasible and may be used to satisfy
the screening requirements in the preceding subsection if they are
located accordingly.
G.
All communications towers shall be designed and constructed
to all applicable standards of the American National Standards Institute,
ANSI/EIA 222-E Manual, as amended, or such other standards as may
apply.
H.
A soil report complying with the standards of Appendix
I: Geotechnical Investigations, ANSI/ETA 222-E, as amended, shall
be submitted to the Borough to document and verify the design specifications
of the foundation for all communication towers.
I.
An independent communications facility is permitted
on a lot with an existing use, or a vacant parcel, in the Communications
Facility Overlay District, provided that the independent communications
facility is fully automated and does not require the presence of employees
for its operation, except for periodic maintenance.
J.
The vehicular access to the communications facility
shall, wherever feasible, use the vehicular circulation of the existing
use on the lot and the parking for the communications facility and
shall, in the case of an unattended communications facility, share
the parking of an existing use on the lot.
K.
If any of the communications equipment is to be located
in a building, then the building shall comply with the following:
L.
Except for an accessory communications facility for
amateur radio use on a residential lot, elevations of existing and
proposed structures which are a part of proposed communications facility,
showing width, depth and height shall be presented with any application
for a permit or other approval.
M.
An antenna or antenna support structure which is to
be attached to an existing building may be constructed or installed
so as to reach up to, but no higher than, 20 feet above the maximum
building height in the district in which the communications facility
is located.
N.
The communications facility and every part thereof
shall, in design, construction, maintenance, use, and operation, comply
with laws and regulations of federal, state and municipal authorities.
Applications shall include a list of other required permits or approvals
from issuing agencies (FAA, FCC) together with a statement of compliance.
O.
Without limitation of any other requirements of this
article, each communications facility shall, to the extent required
by law, be operated pursuant to a license validly issued by, and in
good standing with, the FCC or any other federal or state agency having
such jurisdiction.
P.
A communications tower shall be unpainted galvanized
metal, unpainted reinforced concrete or painted a pale or muted color
approved by the Council, unless another paint scheme is required to
comply with regulations or requirements of the Federal Aviation Administration
or other federal or state agency having such jurisdiction.
Q.
A communications facility shall be operated so as
not to interfere with broadcast radio or television reception to the
general public.
R.
A communications tower shall be lighted only if required
to do so by the Federal Aviation Administration.
S.
Height limitations applicable to a communications
tower shall include the combined height of the communications tower
and any communications equipment attached thereto.
T.
Any communications tower shall be fitted with anticlimbing
devices approved by the manufacturer of the communications tower,
manufacturer or ANSI.
U.
For the general well-being of the Borough, and the
safety of its residents, together with the efficient operation, and
continuous availability for cellular and digital communication users,
the following additional general requirements shall apply.
(1)
All communication towers and communication facilities
shall be owned and operated only by those individuals or business
entities with a validly issued FCC license, or such permit as may
be required by other federal and state agencies having jurisdiction.
(2)
The owner/operator of each communications facility
or communications tower shall conduct periodic maintenance inspections,
and shall submit to the Borough, on or before March 31 each year,
a maintenance report including copies of its maintenance log and/or
periodic inspection and reports, together with a certification from
a registered professional engineer regarding the structural integrity
of the communications tower.
(3)
In the event that a communications tower or
communications facility is abandoned or is no longer used by its owner/operator,
then a statement of cessation of use shall be filed with the Borough
by the owner/operator thereof and the owner/operator shall disassemble
and/or remove all facilities which are located on or above the ground
within one year and shall file a final report regarding such removal
with the Borough.
V.
All owners/operators of communication towers/communication facilities shall pay the annual pole and/or tower permit fee then in effect in the Borough. The first such annual permit fee shall be due at the time of the filing of the annual maintenance report required pursuant to Subsection U(2) hereof.
