The purpose of this article is to provide a uniform and comprehensive set of standards for the development and installation of new commercial communications towers and antennas. The regulations contained herein are designed to protect and promote public health, safety, and the general welfare of the community while ensuring that new commercial communications towers will be safe and be placed in suitable locations and at the same time not unduly restricting the development of needed telecommunications facilities. These regulations will also help in ensuring that municipal land use regulations arc in compliance with the Federal Telecommunications Act of 1996. It is intended that Bath Borough shall apply these regulations to accomplish the following:
A. 
Minimize adverse visual effects of commercial communications towers and antennas and related facilities through design and siting standards.
B. 
Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications serves and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of the municipality's emergency services network.
C. 
Provide requirements necessary for obtaining approval to site and construct commercial communications towers and antennas while at the same time protecting the legitimate interests of Bath's citizens.
D. 
Protect environmentally sensitive areas of the Borough by regulating the location design and operations of telecommunications facilities.
E. 
Encourage the use of alternative support structures, co-location of new antennas on existing commercial communications towers, camouflaged towers, monopoles and construction of towers with the ability to locate three or more providers.
[Amended 2-2-2015 by Ord. No. 2015-651]
A. 
Commercial communication towers shall not be permitted in any residential or Preservation Overlay Zoning District.
B. 
Commercial communication towers shall be allowed as principal or accessory uses as follows:
(1) 
Special exception use in any commercial zoning districts;
(2) 
Permitted by right in the Manufacturing Commercial District.
C. 
Commercial communications antennas shall be a permitted-by-right use in all zoning districts if placed on an existing commercial communications tower, public utility transmission tower, or placed on any structure other than a single-family detached dwelling, duplex dwelling, townhouse dwelling or any other residential structure. Commercial communications antennas shall not be permitted on any residential accessory structure. A structure shall include, for these purposes, concrete or macadam pavement and/or a concrete slab. Further, Bath may require a visual impact analysis, as described in § 675-140 below, to be performed to ensure that any adverse visual impact created by the commercial communications antenna is mitigated.
D. 
A commercial communication tower shall be a permitted-by-right use on any parcel owned and controlled by the Borough of Bath. Commercial communications antennas mounted on an existing attachment structure or proposed support structure shall be a permitted-by-right use on any parcel owned and controlled by the Borough of Bath. When the Borough of Bath is the applicant for a commercial communication tower or commercial communications antennas on a parcel owned or controlled by the Borough of Bath, or when a third party is authorized by the Borough Council of the Borough of Bath to be the applicant for a commercial communication tower or commercial communications antennas on a parcel owned or controlled by the Borough of Bath, the regulations of this section do not need to be met.
A. 
Site plan. A site plan shall be prepared and submitted for any proposed commercial communications tower pursuant to applicable Zoning Ordinance requirements regarding preparation of a site plan. No site plan is required for commercial communications antenna which are co-located on an existing commercial communications tower or structure as described in district requirements § 675-139C above.
B. 
Setback. A commercial communication tower, attached to the ground, shall be set back to the most restrictive of the following: a minimum distance equal to 1/2 its height from the nearest property or lease lot lines and existing street right-of-way lines, or the distance measured to the nearest property or lease line equal to the commercial communications tower fall zone.
C. 
Base. The base of a commercial communication tower shall be surrounded by a secure fence with a minimum height of eight feet.
D. 
Landscaping. The following landscaping shall be required to screen the fence surrounding the tower and any other ground-level features, such as a building. Any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping may be permitted, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
(1) 
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.
(2) 
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(3) 
Commercial communications tower located in any industrial zoning district shall be exempt from these landscaping provisions.
E. 
Parking. A minimum of two off-street parking spaces shall be provided for a commercial communications tower.
F. 
Equipment shelter. Information shall be provided detailing the contents of the proposed equipment shelter servicing the proposed commercial communications tower and antenna. The information shall include but not be limited to the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored within the shelter. Information shall also be submitted which demonstrates that any hazardous materials stored on site including but not limited sources shall be housed to minimize the potential for any adverse impact on adjacent land uses. "Material safety data sheets" for any hazardous material stored or utilized in the equipment shelter shall be submitted to the municipality. The use of fuels and hazardous materials shall also be consistent with any municipal requirements regarding the same.
G. 
Wind resistance. For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide certification from a registered professional engineer stating that the commercial communications tower or antenna meets the wind resistance requirements stated in the latest version of the BOCA National Property Code. Alternately, the applicant shall provide certification from a registered professional engineer that the commercial communications tower or antenna is designed to withstand winds in accordance with ANSI (latest revision) standards. The registered professional engineer shall also certify to the overall structural integrity of the commercial communications tower or antenna.
H. 
Federal Aviation Administration (FAA).
(1) 
Documentation of FAA approval for commercial communication towers or antennas exceeding 290 feet in height shall be provided. Commercial communication towers or antennas less than 200 feet in height shall meet the requirements of 14 CFR 77.13(a), as amended.
(2) 
No commercial communication tower or antenna shall be artificially lighted except when required and approved by the FAA.
I. 
Airport coordination. The applicant for a proposed commercial communications tower or antenna, located within a five-mile radius of an existing airport, shall notify the airport of its intent to place such structure(s). Any comments received from the airport shall be considered by the municipality in the processing of the application for the proposed commercial communications tower or antenna.
J. 
Federal Communications Commission (FCC).
(1) 
Documentation that the commercial communications company is licensed by the FCC shall be provided.
(2) 
Documentation of FCC approval for the proposed commercial communication tower or antenna shall be provided.
(3) 
Documentation demonstrating that the proposed commercial communications tower or antenna complies with all applicable standards established by the FCC governing human exposure to electromagnetic or radio frequency radiation shall be provided within 90 days of the facility becoming operational. Such documentation shall then be provided, to the municipality, on an annual basis from the date the facility becomes operational. The municipality may secure the services of a qualified independent radio frequency radiation measurements are accurate and either conform or not conform to any and all FCC standards. Should the facility not meet FCC standards, the municipality shall make a formal complaint, in writing, to the FCC. The applicant shall be copied on any complaint field with the FCC by the municipality.
(4) 
Any applicant for a proposed commercial communications tower and/or antenna site exceeding FCC standards regarding human exposure to electromagnetic or radio frequency radiation shall submit to the municipality a copy of the Environmental Assessment report required under NEPA prior to submitting to the FCC. The municipality may review the report and provide commentary to the FCC for its consideration.
K. 
Removal of commercial communications towers and antennas. If a commercial communications tower and/or antenna remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do such by the municipality. Further, the owner or operator of the tower and/or antenna shall post security in a form acceptable to the municipality favoring the municipality in an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the municipality in the event that the owner or operator of the tower and/or antenna fails to remove the tower and/or antenna within six months of notification by the municipality.
L. 
Annual permit and fee. Twelve months after a commercial communications tower and/or antenna becomes operational, an inspection shall be performed by the municipality or its designated agency to verify that the proposed facility continues to meet requirements found in this chapter. The inspection shall consist of but not be limited to review of the developed site condition versus the requirements of this chapter, preparation of the annual radio frequency analysis as described in item number Subsection J(3) above. Upon completion of the inspection, the municipality shall permit or not permit the facility to continue operation. The municipality may attach conditions to any permit. Said conditions shall be met within 30 days of the issuance of a permit. Failure to meet the conditions within 30 days of permit issuance shall result in revocation of the permit and closing of the facility.
M. 
Exemptions.
(1) 
A commercial cellular communications tower or antenna necessary for and clearly primarily used for emergency communications by a police department, fire company, emergency medical service and other similar public safety organizations is exempt for these requirements.
(2) 
The use of all television antenna and satellite dishes unless otherwise regulated by municipal zoning.
(3) 
Amateur radio and/or receive-only antennas. This chapter shall not govern the installation of any antenna that is owned and/or operated by a federally licensed amateur radio operator or, is used exclusively for receive only antennas unless otherwise regulated in municipal zoning.
(4) 
Mobile services providing public information coverage of news events of a temporary or emergency nature.
(5) 
Commercial communications antennas installed on, or attached to, any existing building or alternative support structure when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or alternative support structure to which it is attached.
(6) 
Utility pole-mounted commercial communications antennas if the height of the antenna is 30 feet or less above the highest part of the utility pole.