[HISTORY: Adopted by the Borough Council of the Borough of
Parkside as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 98 of the 1979 Code]
The poles of each and every telegraph, telephone, light, power
or street railway company doing business in the Borough of Parkside,
on or in any of the public streets, avenues or alleys thereof, shall
be inspected from time to time by the Street or Highway Committee
of Council in order that it may be ascertained that such poles are
in safe and proper condition.
The Chairman of the Street or Highway Committee shall, on or
before the first day of June of each and every year, submit to the
Secretary of the Borough a record of the poles of each of said companies
doing business in the Borough, on or in any of the public streets,
avenues or alleys thereof, and said Secretary shall immediately render
a bill to the proper company for the amount of license fee payable
by such company.
[Amended 12-21-1988 by Ord. No. 349]
Each telegraph, light, power or street railway company doing
business in said Borough of Parkside, on or in any of the public streets,
avenues or alleys thereof, shall pay an annual inspection fee of $1
for each and every pole erected or maintained as aforesaid, and each
telephone company doing business in said Borough of Parkside, on or
in any of the public streets, avenues or alleys thereof, shall pay
an annual inspection fee of $0.25 for each and every pole erected
as aforesaid.
The license fee shall be paid by each company liable therefor
on or before the first day of July of each year, commencing the first
day of July 1933, and the Treasurer of said Borough shall, upon payment
of the bill rendered by the Secretary of the Borough, issue a receipt
therefor, showing the year for which the license fee is paid.
[Adopted 6-18-1997 by Ord. No. 385]
The purpose of this article is to promote the health, safety
and welfare of the residents of the Borough of Parkside.
This article shall regulate the erection, placement and use
of towers, poles, monopoles and antennas, as well as any and all similar
structures.
This article shall not be construed to permit the erection,
placement and use of towers, poles, monopoles and antennas which would
otherwise be prohibited within any zoning district of the Borough
pursuant to applicable zoning regulation.[1]
No towers, poles, monopoles and antennas shall be constructed
in any residential zoning district except for those which do not exceed
the building height regulations of the applicable zoning district.
Towers, poles, monopoles and antennas may be erected within
any business zoning district or industrial zoning district which exceed
the height regulations applicable to buildings within such zoning
districts, by special exception. The standards for a grant of a special
exception are as follows:
A.
The towers, poles, monopoles and antennas shall meet any and all
other regulations of the applicable zoning district.
B.
The height of the structure is the minimum necessary for functional
effectiveness.
C.
The tower, pole, monopole or antenna, including its base, is set
back from all property lines at a minimum distance equal to 40% of
the height of the structure measured from ground level to the highest
point of the structure.
D.
The design of the structure has been certified by a registered engineer
within the Commonwealth of Pennsylvania as being structurally sound
and able to withstand wind, ice, earth tremors, floods and other adverse
conditions exceeding the worst in recorded history by at least 10%
for the general vicinity of the area in which the structure is to
be erected.
E.
The structure and its use will not adversely interfere with the use
and enjoyment of any and all other properties within the Borough by
interfering with radio, television, telephone, computer or other communications,
by interfering with the use of electrical or mechanical devices, including
but not limited to appliances, medical equipment, machinery, automatic
door openers and alarm systems.
F.
All guy wires and all guyed towers shall be clearly marked so as
to be visible at all times.
G.
The towers, poles, monopoles and antennas are not capable of being
climbed by children or trespassers and/or have been enclosed by a
barrier permitted within the zoning district which shall restrict
the accessibility to the towers, poles, monopoles and antennas by
the general public, including trespassers. The towers, poles, monopoles
and antennas are within all applicable standards of the Federal Aviation
Administration and Airport Zoning Regulations.
H.
No sign or other structures shall be mounted upon the towers, poles,
monopoles and antennas except as may be required or approved by the
Federal Communications Commission, Federal Aviation Administration
or other governmental agency.
I.
The towers, poles, monopoles and antennas shall be painted or have
a finished surface which shall reduce the visual impact of the structure.
J.
No tower, pole, monopole or antenna shall be illuminated except as
may be required by the Federal Aviation Administration or the Federal
Communications Commission.
K.
No tower, pole, monopole or antenna shall be erected at a distance
less than 100 feet from any residentially zoned district or public
roadway.
L.
No tower, pole, monopole or antenna shall be erected within 1,000
feet of any other tower, pole, monopole or antenna unless the applicant
shall meet all of the conditions for the grant of a variance pursuant
to the provisions of the Municipalities Planning Code and the Parkside
Borough Zoning Ordinance.[1]
M.
Any and all additions to or modifications of any tower, pole, monopole
or antenna shall require a new and separate application for a special
exception subject to the standards previously set forth within this
article.
All persons, partnerships, corporations and entities violating
any provision of this article shall tie subject to a fine not exceeding
$1,000 and/or a period of incarceration not exceeding 90 days for
each and every day on which the violation continues.
