[Ord. 639, 7/14/1975]
Permitted and special uses enumerated in the C-4 and I Districts,
and uses accessory thereto, are subject to the following performance
standards and procedures. If the Zoning Officer or the Zoning Hearing
Board, upon the recommendations of the Planning Commission, has reasonable
grounds for believing that any other use will violate these performance
standards, such use, existing or proposed, shall also be subject to
these performance standards.
[Added by Ord. 789, 5/18/2016]
1. Definition. As used in this section, the following terms shall have
the meanings indicated:
ABANDONED
Any wireless telecommunications tower that is not in use
for a continuous period of 12 months will be considered abandoned.
If there are two or more users of a tower, this section will not become
effective until all users cease using the tower. For purposes of this
provision, a tower is in use at any time the owner is receiving, has
the right to receive, or is engaged in negotiations for the right
to receive revenue arising out of or related to its ownership of the
tower.
2. Removal. Unless otherwise agreed in writing by the Borough, the owner
must remove an abandoned wireless communications tower within 180
days after the tower's owner receives written notice from the
Borough notifying the owner of such abandonment. Failure to remove
an abandoned tower within the one-hundred-eighty-day period will be
grounds for the Borough to remove, or cause the removal of, the tower
at the owner's expense. Any written agreement permitting an abandoned
tower to remain in place will toll the running of the one-hundred-eighty-day
period, which will not resume until the tower's owner actually
receives written notice from the Borough revoking such agreement.
3. Notice and Penalty. If the owner of any wireless telecommunications
tower to whom a written notice of abandonment was given fails to complete
removal of the abandoned telecommunications tower within 180 days
of receipt of the written notice of abandonment, the owner shall be
guilty of a violation of this section, and upon conviction thereof,
shall be sentenced to pay a fine of not more than $100 and costs of
prosecution; provided, each day's continuance of a violation
shall constitute a separate offense.
4. Applicability. Notwithstanding any other provision within Part
7, this § 27-705and Subsections
1 through
3 shall be applicable in all zoning districts.