[Ord. 2017-04, 8/14/2017]
1.
The purpose of this Part 12 is to:
A.
Provide for required communications infrastructure, while minimizing
the negative impacts of that infrastructure and preserving and protecting
the scenic quality of the community;
B.
Encourage and maximize the shared use of existing towers, buildings,
and other appropriate structures for co-location of communications
antennas;
C.
Ensure that new communications towers and antenna arrays will be
safe, suitably placed and blend into the environment;
D.
Encourage location of communications towers and antennas in areas
where the adverse impact is minimized;
E.
Enhance the ability of the providers of communications services to
provide such services to the community quickly, effectively and efficiently;
and
F.
Protect the public health, safety and welfare.
[Ord. 2017-04, 8/14/2017]
As used in this Part, the following terms shall have the meanings
indicated:
Any device or appliance used for the transmission or reception
of radio, television, wireless telephone, pager, commercial mobile
radio service or any other wireless communication signals, including
without limitation antennas and directional or panel antennas, owned
or operated by any person or entity licensed by the Federal Communications
Commission (FCC) or any other governmental agency to operate such
device or appliance. The height of an antenna shall be the vertical
distance measured from the ground level at finished grade at the base
of structure on which the antenna is mounted to the highest point
on the antenna.
A building or cabinet containing communication equipment
required for the operation of antennas which is an accessory structure
to the primary use of the communications tower and antennas. A communications
equipment building shall cover a floor area no greater than 250 square
feet and shall be not more than 12 feet in height measured at the
wall from finish grade to the highest point.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to hold communications antenna(s),
owned privately or by a government agency, whether located on public
or private land. The height of a tower shall be the vertical distance
measured from the ground level at finished grade at the base of structure
to the highest point on the structure, inclusive of any vertical antennas
which may be accommodated on the structure.
[Ord. 2017-04, 8/14/2017]
1.
This Part shall apply to all new communications towers and antennas,
except as expressly set forth herein.
[Ord. 2017-04, 8/14/2017]
1.
Communications towers shall be allowed by special exception in the
Central Commercial (CC) and Central Industrial (CI) Zoning Districts,
subject to the supplemental controls set forth below. Communications
towers shall not be a permitted use in any other zoning district.
2.
Except as expressly modified herein, communications towers shall
be subject to all of the regulations in the district where they are
located.
[Ord. 2017-04, 8/14/2017]
1.
Communications towers shall meet the following criteria:
A.
Towers shall be designed and constructed to all applicable standards
of the American National Standards Institute, ANSI/EIA-222-F, as amended.
B.
Towers shall be designed to accommodate no fewer than four antennas.
Single antenna towers may be allowed when circumstances arise that
are justified by the applicant.
C.
Tower height, inclusive of vertical antennas, shall be kept to the
minimum necessary height for operational effectiveness and shall be
limited to a maximum of 20 feet higher than the height limit in the
applicable zoning district.
D.
Towers shall either have a locked anti-climbing device installed
on the tower, or be completely enclosed by a locked protective fence
at least six feet in height with barbed wire at the top or similar
devices to prevent climbing.
E.
Towers shall have at least one sign at the base of the tower warning
of possible electrical shock or high voltage. At least one sign shall
be placed at the access entrance of the street identifying that the
driveway is private including emergency contact information. Sign
sizes shall not exceed three square feet. Lighting shall not conflict
with Federal Aviation Administration requirements. Other exterior
site lighting shall be prohibited unless necessary for security and
shall not glare onto any adjacent properties or rights-of-way.
F.
All mechanical or electrical equipment must be locked and properly
secured in a communications equipment building to prevent unauthorized
access. all service lines for electric or other cable wires shall
be placed underground or overhead so to be compatible with service
utilities in the area.
G.
Towers shall be finished with nonreflective surface treatment. Materials
shall not detract from the surrounding community appearance. Towers
are encouraged to be designed to appear as trees, farm silos, and
natural features if feasible. The appearance of the towers and associated
antennas shall be designed to achieve minimal visual impact.
H.
A tower shall be positioned in such a manner that it cannot collapse
onto adjacent property or create a safety hazard. Adjacent property
includes land of others with or without buildings and streets.
I.
Tower design, including all associated facilities and supporting
structures, guy wires, wind load, ground connections/anchors, etc.,
shall be based on sound engineering practices.
J.
There shall be room for maintenance vehicles to maneuver on the property
where a tower is located. Vehicles parked at the facility shall not
impede traffic on adjoining roadways. The cartway accessing to tower
shall be surfaced with a mud-free durable gravel surface or with a
better surface. Grade of access drive shall not be more than a fifteen-percent
slope. All stormwater runoff shall be designed in compliance with
applicable stormwater runoff regulations.
K.
Towers shall comply with all other applicable federal, state and
local laws, rules, regulations and ordinances.
L.
The applicant shall provide to the Borough a tower removal performance
bond. This bond shall remain with the Borough until the tower is removed
and may be invoked upon failure by the tower owner to remove an abandoned
tower. The amount of the bond shall be 110% of the estimated cost
to remove the abandoned tower. A qualified registered professional
engineer shall prepare the cost estimate, which shall be subject to
approval by the Borough Engineer. The Borough, at its discretion,
may direct the tower owner to prepare a new cost estimate to increase
the amount of the performance bond in succeeding years to account
for inflation of removal costs.
2.
Communications antennas shall meet the following criteria:
A.
Antennas shall not be located on any single-family detached dwelling,
two-family dwelling, townhome or multifamily complex.
B.
Antennas shall comply with all applicable standards that govern human
exposure to electromagnetic radiation. The non-ionizing electromagnetic
radiation (NIER) emitted from antenna(s) shall not result in an exposure,
at any point on or outside such facility, exceeding the lowest applicable
exposure standards established by any federal, state or local law,
rule, regulation or ordinance.
C.
Antennas shall not interfere with reception in nearby residential
areas.
D.
All antennas shall comply with applicable FCC regulations to address
noninterference on normal reception of other radio wavelengths used
by aircraft, boats, etc.
E.
Antenna height shall be kept to the minimum necessary height for
operational effectiveness and shall be limited to a maximum of 20
feet higher than the height limit in the applicable zoning district.
F.
Antennas shall be finished with nonreflective surface treatment.
G.
Antennas shall comply with all other applicable federal, state, and
local laws, rules, regulations and ordinances.
3.
An applicant proposing to erect a communications tower shall secure
a zoning/development permit prior to site preparation and construction
and prior to operation of an existing tower upon change of primary
use. A zoning/development permit shall also be secured to attach any
communications antenna to any tower, structure, or building.
4.
Permit applications shall contain the following information:
A.
A permit application for a communications tower shall contain the
following information:
(1)
Proof that the applicant has secured at least one antenna contract
agreement to locate on such tower.
(2)
Proof that the applicant has exhausted co-location options with
existing communications towers and existing buildings or other structures
to place any communications antenna.
(3)
Proof that the applicant has secured all applicable state and
federal permits.
(4)
Proof that the tower meets all of the criteria for communications
towers set forth in this Part.
(5)
Proof that the tower meets all other requirements of this Part.
(6)
If the tower is designed for fewer antennas than otherwise required
by this Part, proof that circumstances require fewer antennas.
(7)
Certification by a qualified registered professional engineer
that antennas mounted on the tower will not interfere with reception
in nearby residential areas or with transmission or reception by other
existing antennas or government/public safety antennas.
(8)
Certification by a qualified registered professional engineer
that the tower and any antennas mounted thereon comply with the standards
contained in this Part.
(9)
Certification by a qualified registered professional engineer
that the tower will collapse within the property fencing of the site
and that collapse of the tower complies with the provisions of this
Part.
(10)
Certification by a qualified registered professional engineer
that the tower design, including all associated facilities and supporting
structures, guy wires, wind load, ground connections/anchors, etc.,
are based on sound engineering practices.
B.
A permit application for communications antenna(s) shall contain
the following information:
(1)
Proof that the applicant has secured all applicable state and
federal permits.
(2)
Proof that each antenna meets all of the criteria for antennas
set forth in this Part.
(3)
Proof that each antenna meets all other requirements of this
Part.
(4)
Certification by a qualified registered professional engineer
that the non-ionizing electromagnetic radiation (NIER) emitted from
each antenna do not result in an exposure at any point exceeding the
lowest applicable exposure standards established by any applicable
federal, state or local law, rule, regulation or ordinance.
(5)
Certification by a qualified registered professional engineer
that each antenna complies with applicable FCC regulations to address
noninterference on normal reception of other radio wavelengths.
(6)
Certification by a qualified registered professional engineer
that each antenna complies with applicable law and with the standards
contained in this Part.
(7)
Certification by a qualified registered professional engineer
that the design of each antenna is based on sound engineering practices.
C.
When co-location of an antenna is not proposed, the applicant shall
provide all of the following:
(1)
Evidence from a qualified licensed professional engineer that
in terms of location and construction, there are no existing towers,
buildings, structures, elevated tanks, silos or similar structures
able to provide the platform for the antenna within a one-mile radius
of the selected location in the application.
(2)
A coverage diagram and/or technical report that demonstrates
co-location on existing towers or other structures is not technically
possible to serve required needs, or that planned equipment would
exceed the structural capacity of existing towers or other structures,
and that structural reinforcement is not feasible.
(3)
Evidence that the planned antenna and equipment installation
will cause radio frequency (RF) interference with existing or planned
equipment for existing towers and that such interference cannot be
prevented as controlled by the FCC.
(4)
Evidence that existing or approved towers do not have the space
on which the planned antenna can be placed so that it can function
effectively and at least in parity with other similar planned or existing
antenna(s).
(5)
Additional reasons particular to the applicant which make it
impractical to place an antenna on existing or approved towers, structures,
buildings or any other buildings.
5.
Prior to constructing a new communications tower, an applicant desiring
to place a communications antenna within the Borough shall exhaust
co-location options with existing communications towers and existing
buildings or other structures. An antenna placed within the Borough
under the co-location option shall require special exception approval.
The following additional requirements shall apply to co-location of
an antenna:
A.
Except as otherwise prohibited in this Part, communications antennas
may be attached to any existing building or structure in all zoning
districts, including without limitation large hotel buildings, municipal
or governmental buildings, water towers, any agricultural building
such as silos, and electrical transmission towers. Communications
antennas shall not be located on any existing structures where expressly
prohibited.
B.
Communication antennas shall be permitted to exceed the height limit
of the applicable zoning district by no more than 20 feet when located
on an existing building.
C.
When the use of an existing structure is proposed, the applicant
shall submit evidence from a qualified registered professional engineer
certifying the proposed installation will not exceed the structural
capacity of the existing building or other structure, considering
wind and other loads associated with antenna placement. A hold harmless
agreement to indemnify the Borough of liability shall be provided.
D.
Antennas located on existing structures and buildings shall be architecturally
compatible with respective buildings/structures. Antennas shall be
designed to blend into the community when located on existing buildings/structures.
A detailed construction and elevation drawing shall be submitted to
indicate the antenna mounting on the structure or building to ascertain
how it will be seen in the community viewed from ground level.
E.
The applicant shall secure all agreements and/or easements necessary
to provide access to the building or structure on which the antennas
are to be located so that installation, operation and maintenance
of antennas can be accomplished.
F.
Antennas located on existing structures and buildings shall comply
with all other applicable provisions of this Part.
6.
Maintenance/Abandonment.
A.
All communications towers and communications antennas shall be regularly
maintained and inspected by a properly qualified professional at least
annually for structural safety as a condition of permit validity.
B.
A communications tower shall be considered abandoned when the owner
ceases maintaining or using it. Upon abandonment, the tower and all
associated equipment shall be dismantled and removed from the property
within 90 consecutive calendar days of notice from the Zoning Officer.
At the discretion of the Borough, enforcement proceedings and/or invocation
of the tower removal bond may occur if the subject tower is not timely
removed.
C.
The following shall be provided by the applicant (at the applicant's
expense) to the Zoning Officer:
(1)
An annual inspection report shall be submitted no later than
June 30 of each year.
(2)
At any time that a tower becomes abandoned, the owner shall
so inform the Zoning Officer immediately after abandonment occurs.
Thereafter, the Zoning Officer shall issue notice to the owner to
the owner that the tower shall be dismantled and removed within 90
consecutive calendar days from date of notice.
7.
Landscaping. Landscaping shall be installed to screen the foundation,
base, and communications equipment buildings of any communications
tower from abutting properties.
A.
Landscape plants to screen the mass of the tower base shall be installed
wherever the tower base, with or without the fence enclosure, is located
within any distance up to the corresponding height adjacent to any
residential structure, institutional structure, public school, public
park, or public street.
B.
Landscape plants to screen vehicle access, installed solely for the
tower, shall be installed along the access drive length. The plants
for screening need not be installed when agricultural field operations
would be hindered.
C.
The Zoning Officer, in his or her discretion, may accept existing
plants that are retained to provide the effect of the required vegetative
screening.
D.
Existing wooded areas, tree lines and hedgerows adjacent to the facility
shall be preserved except for site access and site construction of
a communications tower.
8.
Historic Properties. Notwithstanding any other provision of this
Part, communications towers and antennas shall not be located on any
site or building that is defined as an "historic building," provided,
however, that communications antennas may be permitted on historic
buildings when they are not visible from ground level at the exterior
of an historic building.
