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.
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.
