[Added 1-20-2011 by Ord. No. 1347]
The purpose of this section and the standards established herein is to govern the use, construction and siting of wireless communications so as:
A. 
To accommodate the need for wireless communications facilities while regulating their location and number in the Borough and to ensure compliance with all applicable governmental regulations.
B. 
To minimize any adverse visual effects of wireless communications facilities, antenna(s) and antenna support structures through proper design, siting and screening.
C. 
To ensure the structural integrity of the antenna support structure through compliance with applicable industry standards and regulations.
D. 
To encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future.
E. 
To promote the health, safety and welfare of the residents of the Borough.
Anything else to the contrary in this chapter notwithstanding, no cellular antenna, communications equipment buildings or communications towers shall be erected, installed, constructed or used except in compliance with this chapter.
Notwithstanding anything contained in this chapter to the contrary, communications antennas mounted on an existing public utility transmission tower, building or other structure, communications towers and communications equipment buildings shall be permitted uses by right on any municipal-owned property upon approval by the Borough Council of a lease, license agreement or other agreement between the Borough and the provider of the communications antenna, communications tower or communications equipment building.
A. 
Communications antennas mounted on an existing public utility transmission tower, building or other structure shall be permitted by special exception in the IND Industrial District, the RC Regional Commercial District and the INS Institutional District, provided that the applicant shall otherwise comply with this title and any building or structure which is proposed for mounting of a communications antenna shall otherwise comply with the bulk and setback requirements of the zoning district, subject to the applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth at § 300-134 of this article and the standards for special exception set forth at § 300-115 of this chapter.
B. 
Communications towers and communications equipment buildings shall be permitted by special exception in the IND Industrial District and the INS Institutional District, provided that the applicant shall otherwise comply with this chapter and any building or structure which is proposed for mounting of a communications antenna shall otherwise comply with the bulk and setback requirements of the zoning district, subject to the applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth at § 300-134 of this article and the standards for special exception set forth at § 300-115 of this chapter.
C. 
Communications antennas, if the communications antenna and any equipment accessory to the communications antenna is completely enclosed inside a steeple, dome, bell tower or other existing building feature, shall be permitted by special exception in any zoning district, subject to the applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth at § 300-134 of this article and the standards for special exception set forth at § 300-115 of this chapter.
The Zoning Hearing Board may grant a special exception under this chapter only if the applicant has otherwise complied with all of the requirements of this chapter, and after the Board finds that the request complies with the following applicable standards and criteria, as well as the standards for a special exception set forth at § 300-28 of this chapter:
A. 
Building-mounted communications antennas shall not be located on any single-family dwelling or two-unit multifamily dwelling.
B. 
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 15 feet. Omnidirectional or whip communications antennas shall not exceed 15 feet in height and seven inches in diameter.
C. 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
D. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
E. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Codes Department of Yeadon Borough for compliance with the Borough of Yeadon's Building Code[1] and other applicable law.
[1]
Editor's Note: See Ch. 122, Construction Codes, Uniform.
F. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
G. 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
H. 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough of Yeadon.
I. 
A communications equipment building shall be subject to the setback requirements of the applicable zoning district for an accessory structure. A communications equipment building shall not exceed 15 feet in height.
J. 
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
K. 
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
L. 
Communications towers shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation regulations.
M. 
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable buildings, structures or communications towers within a one-half-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(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 existing structure and the interference cannot be prevented at a reasonable cost;
(3) 
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function;
(4) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation; or
(5) 
A commercially reasonable agreement could not be reached with the owners of such structures.
N. 
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
O. 
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
P. 
The foundation and base of any communications tower shall be set back from a property line (not lease line) a distance equal to the height of the tower.
Q. 
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
R. 
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures published by the Electrical Industrial Association Telecommunications Industry Association and applicable requirements of the Borough of Yeadon's Building Code.[2]
[2]
Editor's Note: See Ch. 122, Construction Codes, Uniform.
S. 
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
T. 
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
U. 
Notwithstanding any other regulations regarding fences in this chapter, the site of a communications tower shall be secured by a stockade fence with a height of eight feet to limit accessibility by the general public.
V. 
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
W. 
Communications towers shall be protected and maintained in accordance with the requirements of the Borough of Yeadon's Building Code[3] and Property Maintenance Code.
[3]
Editor's Note: See Ch. 122, Construction Codes, Uniform.
X. 
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period. The owner or operator of any communications tower shall post a bond with the Borough for the costs of removing such communications tower prior to construction of the communications tower.
Y. 
If a communications tower is to be located on a property that abuts any other property located within a Residential District, the setback from the property line of such abutting Residential District shall be 200% of the height of the communications tower, including the antenna.
Z. 
A communications antenna and any equipment accessory to the communications antenna to be completely enclosed inside a steeple, dome, bell tower or other existing building feature shall only be permitted if:
(1) 
The communications antenna is not the primary use on the property;
(2) 
The existing building in which the communications antenna is proposed to be located is not used for residential purposes, but rather is used for commercial, institutional, religious, school or other similar purposes;
(3) 
The lot on which such communications antenna is proposed to be located has an area of at least one acre; and
(4) 
The steeple, dome, bell tower or other existing building feature, together with the existing structure, shall not exceed 60 feet in height, notwithstanding any other height limitation applicable in the zoning district in which the facility is proposed to be located.
In January of each year, the owner of any wireless communications facility shall pay the registration fee established from time to time by resolution of the Borough Council and shall provide the Borough Manager with the following information:
A. 
The name and address of the owner of the wireless communications facility and telephone number of the appropriate contact person in case of emergency.
B. 
The name and address of the property owner on which the wireless communications facility is located.
C. 
The location of the wireless communications facility by geographic coordinates, indicating the latitude and longitude.
D. 
Output frequency of the transmitter.
E. 
The type of modulation, digital format and class of service.
F. 
Antenna(s) gain.
G. 
The certified and effective radiated power of the antenna(s).
H. 
The number of transmitters, channels and antenna(s).
I. 
A copy of the owner's or operator's FCC authorization.
J. 
Antenna(s) height.
K. 
Power input to the antenna(s).
L. 
Distance to nearest base station.
M. 
A certification signed by two officers of the applicant that the wireless communications facility is continuing to comply with this chapter and all applicable governmental regulations.