[Ord. 66, 11/18/1971]
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary district regulations.
[Ord. 66, 11/18/1971; as amended by Ord. 2-1991, 3/12/1991; by Ord. 3-1992, 5/5/1992; and by Ord. 2009-4, 9/1/2009]
Any building or structure attached to a principal building in any manner shall comply in all respects with the yard requirements of this chapter for a principal building. No separate or detached building or structure shall be permitted in any front yard. All accessory buildings or structures shall be located in the side or rear yard and shall be set back a minimum of five feet from all property boundary lines, except that all garages shall be set back at a minimum of 20 feet from right-of-way of any adjoining alley.
[Ord. 66, 11/18/1971]
No cabin, mobile home, garage, basement or other temporary structure, whether fixed or of mobile nature, may hereafter be erected or established for any length of time unless approval for temporary use is granted by the Zoning Hearing Board.
[Ord. 66, 11/18/1971; as amended by Ord. 2001-1, 6/5/2001]
Maximum coverage of a lot area by buildings shall be permitted as follows:
1. 
Residential Uses.
A. 
If public water and sewer are used - 30%.
B. 
If public water or public sewer is used - 25%.
C. 
If public water and sewer are used for townhomes - 40%.
2. 
Non-residential Uses.
A. 
If public water and public sewer are used - 60%.
B. 
If public water or public sewer is used - 45%.
[Ord. 66, 11/18/1971; as amended by Ord. 3-1992, 5/5/1992 and by Ord. 2005-2, 4/5/2005]
1. 
Front Yards. In any Residential District, no fence, wall or hedge in any front yard shall exceed 2 1/2 in height unless permitted by special exception as provided for in Subsection (4) herein.
2. 
Side and Rear Yards. In any residential district, no fence, wall or hedge in any side or rear yard may exceed six feet in height unless permitted by special exception as provided for in Subsection (4) herein.
3. 
Retaining Walls and Required Fences. The requirements of this section shall not be deemed to prohibit any necessary retaining wall or any otherwise lawful fence, wall or hedge in any required yard or along the edge of any yard.
4. 
Special Exception Criteria. The Zoning Hearing Board shall grant a special exception for a fence, wall or hedge in excess of the heights prescribed in Subsections (1) and (2) where:
A. 
The applicant adequately demonstrates that the mandates of § 1106 will not be violated by the erection of the proposed fence, wall or hedge.
B. 
The applicant has received written permission from all adjacent property owners to a proposed fence, wall or hedge within 10 feet of the property line and in excess of the prescribed height.
C. 
Any proposed front yard fence in excess of 30 inches high has at least 50% openness or visibility, such as wrought iron, picket or chain link.
D. 
The applicant adequately demonstrates to the satisfaction of the Zoning Hearing Board, that the safety of vehicular and pedestrian traffic will not be adversely affected by the erection of the proposed fence, wall or hedge.
In the granting of any special exception under this section, the Zoning Hearing Board may attach any reasonable conditions or safeguards in addition to those expressed above and elsewhere in this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
[Ord. 2-1991, 3/12/1991]
1. 
In any district, no structure, fence, planting or other structure shall be maintained between a plane two feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the corner with that part of the required front or side yard which is within a triangle bounded by the street lot line and a straight line drawn between points on each lot line 25 feet from the intersection of said lot line or extension thereof.
2. 
At each point where a private accessory intersects a public street or road, a clear-sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway, shall be maintained, within which vegetation and other visual obstructions shall not be maintained between a plane two feet above and seven feet above the existing cartway.
[Ord. 66, 11/18/1961; as amended by Ord. 3-1992, 5/5/1992]
Every building hereafter erected or moved which involves buildings or structures for human occupancy shall be located and maintained upon a lot which abuts a street of at least 34 feet in width for a distance of not less than 30 feet. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
[Ord. 66, 11/18/1971]
1. 
Public Utility Corporations. The provisions of this chapter shall not apply to any existing or proposed building or extension thereof used or to be used by public utility corporations if, upon petition of the corporation, the Public Utility Commission shall, after public hearing, decide that the present or proposed location in question is reasonably necessary for the convenience and welfare of the public.
2. 
Applications to Lots of Record.
A. 
Where two or more abutting lots of record are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, they shall be considered to be a single lot of record for the purpose of this chapter; and the provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.
B. 
Where the owner of a lot of record does not own and cannot reasonably acquire sufficient adjacent land to enable him to conform to the requirements herein prescribed, such lot may be used by said owner as a building site, provided that the required open space and other provisions conform as closely as possible, in the opinion of the Zoning Hearing Board, to the requirements of the district in which it is located.
3. 
Front Yard Exceptions. When an unimproved lot is situated between two improved lots with front yard dimensions more or less than those required for that district, the front yard required shall be increased or decreased, as the case may be, to a depth equal to the average of the two front yards of the adjoining lots.
4. 
Municipal Uses. In any district a building or use may be erected, altered, or extended and land may be developed which is arranged, intended, or designed for municipal uses. Further, the lot sizes, yard regulations, and coverage requirements may be modified to accommodate such buildings or uses provided that the modifications will represent the least possible modifications of the regulations at issue and provided further that all such modifications shall be in the public interest and they will not adversely affect other properties in the district in which they are located.
5. 
Height Exceptions. The height limitations of this chapter shall not apply to church spires, silos, belfries, cupolas, penthouses and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, and similar features, utility poles and standards and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected and maintained only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations.
[Ord. 66, 11/18/1971]
In the interest of protecting the public health, safety, and welfare, every building or structure hereafter erected, altered, or moved upon any premises and used in whole or in part for dwelling, commercial, or recreational business or industrial purposes shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of human excreta or domestic, commercial and industrial waste. Such facilities shall conform to the minimum requirements set forth by the Pennsylvania Department of Environmental Resources.
[Ord. 66, 11/18/1971; as amended by Ord. 2-1991, 3/12/1991]
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
1. 
Terraces or patios, provided that such terraces or patios are not under roof or otherwise enclosed and are not closer than five feet to any adjacent property line.
2. 
Projecting architectural features, such as, but not limited to: bay windows, cornices, eaves, fireplaces, chimneys, window sills, uncovered stairs and landings, porches, open balconies, or fire escapes provided they do not extend more than five feet into any required yard nor closer than three feet to any adjacent property line.
[Ord. 66, 11/18/1971; as amended by Ord. 2-1991, 3/12/1991; and by Ord. 2009-4, 9/1/2009]
1. 
Private, Non-commercial Swimming Pools. No permanent structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools shall be completely enclosed by a minimum four-foot fence or wall with a self closing and lockable gate; however, this does not apply to above ground swimming pools having a wall measuring a minimum four feet in height from ground level and having a retractable ladder. Such fence or wall shall be erected before any swimming pool is filled with water. All swimming pools must be set back a minimum of 10 feet from all property boundary lines. No water from a swimming pool shall be discharged onto any public street or alley. These requirements shall not apply to man-made ponds, lakes, or other impoundments unless the primary purpose is for swimming.
2. 
Private tennis courts shall be permitted within side or rear yards provided that such facility shall not be less than 15 feet from side or rear property lines.
3. 
Nothing in this section shall be construed to limit other uses no mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
[Ord. 66, 11/18/1971]
In any residential district, any gainful occupation conducted by a member of the immediate family owning and residing on the premises may use parts of a dwelling for a home occupation provided that the following conditions are met and a permit is issued by the Zoning Officer.
1. 
Such occupation shall be clearly incidental or secondary to the use of the property as a residence and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one small nameplate as provided in Part 13 showing only the name and service rendered.
2. 
Home occupations shall be limited to the employment of not more than one assistant.
3. 
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the area of the first floor nor more than 400 square feet.
4. 
All parking shall be off-street and two off-street space shall be provided in addition to that required of the residence unit.
5. 
Any home occupation which may create objectionable noise, fumes odor, dust, electrical interference, or more than normal residential traffic shall be prohibited.
[Ord. 66, 11/18/1971; as amended by Ord. 2-1991, 3/12/1991]
Gasoline pumps and all other service equipment shall be set back not less than 25 feet from any lot line and/or any building and shall be so located that vehicles stopped for service will not extend over the property line.
[Ord. 66, 11/18/1971]
Where a lot is not served by a public water supply and/or sanitary sewer system and the County Subdivision Ordinance or State or other local laws or ordinances in force require a higher standard for lot area or lot width than this chapter, the more restrictive regulations of such ordinance or laws shall apply.
[Ord. 66, 11/18/1971; as amended by Ord. 2-1991, 3/12/1991]
Operations involving the use of buildings and land for farming, nurseries, and greenhouses, riding academies, livery or boarding stables, dog kennels, animal hospitals, stock raising, dairying, and poultry shall be permitted in the districts as provided herein subject to the following restrictions:
1. 
No building in which livestock, other than customary household pets, is kept shall be closer than 150 feet to any adjoining lot line.
2. 
No storage of manure, compost piles or odor or dust producing substances or material shall be permitted within 150 feet of any adjoining lot line.
[Ord. 2-1991, 3/12/1991]
For purposes of these regulations, major recreational equipment and/or tractor trailers, rigs, or cabs are defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport, an enclosed building, in a rear yard or on that portion of a private residential driveway not within the road right-of-way. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. Additionally, no such equipment shall be parked for loading and unloading along public streets in any zoning district for a period of time exceeding 24 hours.
[Ord. 2-1991, 3/12/1991]
The following right-of-way widths and street widths shall be used in the enforcement of this chapter.
Street Name
Location
Distance Between Right-Of-Way Lines
Distance Between Curb Lines
Blackberry Street
Between Lesher and Mill
16.00 feet
—
Broad Street
Between Fortna and Swatara
50.00 feet
40.00 feet
Chestnut Street
Between Fisher and Broad
50.00 feet
34.00 feet
Chestnut Street
Between Broad and Mill
28.00 feet
20.00 feet
Creek Street
Between Lancaster and Mill
50.00 feet
34.00 feet
Esther Avenue
Between King and Mill
16.00 feet
—
Fisher Street
Between Blackberry and Martin
16.00 feet
—
Fisher Street
Between Martin and Swatara
50.00 feet
34.00 feet
Fortna Street
Between Broad and Lancaster
16.00 feet
—
Hazel Street
Between King and Mill
16.00 feet
—
Hazel Street
Between Lancaster and King
21.00 feet
4 feet offset to South
Highland Dr.
Between Chestnut and Swatara
50.00 feet
34.00 feet
Hill Street
Between Lancaster and King
16.00 feet
—
King Street
Between Hazel and Esther
40.00 feet
29.50 feet
Lancaster Street
Between Fortna and Hill
50.00 feet
36.00 feet
Lesher Street
Between Blackberry and Market
16.00 feet
—
Market Street
Between Lesher and Strawberry
50.00 feet
42.00 feet
Market Street
Between Strawberry and Mulberry
112.50 feet
102.50 feet
Market Street
Between Mulberry and Mill
50.00 feet
42.00 feet
Martin Street
Between Fisher and Mill
16.00 feet
—
Mill Street
Between Market and Creek
50.00 feet
34.00 feet
Mulberry Street
Between Hazel and Hill
16.00 feet
—
Oak Street
Between Hazel and Mill
16.00 feet
—
Queen Street
Between Broad and Mill
28.00 feet
20.00 feet
Spring Circle
Between Fisher and Highland
50.00 feet
34.00 feet
Strawberry Street
Between Fortna and Swatara
16.00 feet
—
Swatara Drive
Between Broad and Mill
33.00 feet
19.00 feet
Swatara Drive
Between Fisher and Broad
50.00 feet
38.00 feet
Walnut Street
Between Queen and Chestnut
38.00 feet
29.50 feet
Water Street
Between Blackberry and Martin
27.00 feet
19.00 feet
Water Street
Between Martin and Chestnut
50.00 feet
34.00 feet
[Ord. 66, 11/18/1971; as added by Ord. 2001-3, 6/5/2001]
1. 
An adult business may be permitted as a conditional use by the Jonestown Borough Council in the Central Commercial Districts zoning classification.
2. 
An adult business shall not be located within 500 feet of the property boundary upon which is located a public or private preelementary, elementary, middle, secondary or high school; church, synagogue or regular place of religious worship; day-care or other child-care facility; library; museum; hospital, group care facility or personal care boardinghome; public park or playground; an entertainment business oriented primarily towards children or minors or for family entertainment; any other adult business; or any establishment licensed to serve and/or sell alcoholic beverages.
3. 
Adult businesses shall not be located within 500 feet of any property which is residentially owned or which contains a residential use.
4. 
The distance between an adult business and any use described in Subsection 2 or 3 above, shall be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure where an adult business is conducted to the nearest property line of the premises having the uses described in Subsection 2 or 3 above.
5. 
An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location of a public or private preelementary, elementary, middle, secondary or high school; church, synagogue or regular place of religious worship; day-care or other child-care facility; library; museum; hospital, group care facility or personal care boardinghome; public park or playground; an entertainment business oriented primarily towards children or minors or for family entertainment; any other adult business; any establishment licensed to serve and/or sell alcoholic beverages; or residential use, within 500 feet of the adult business.
6. 
No adult-business-related merchandise or materials offered for sale, rent, lease, loan, use or for view upon the premises, shall be exhibited or displayed outside of an enclosed building or structure.
7. 
Any enclosed building or structure used as an adult business shall be windowless, or have an opaque covering over all windows or doors of any area in which adult-business-related materials or merchandise are exhibited or displayed, nor shall they be visible from outside of the enclosed building or structure.
8. 
No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the adult-business-related materials or merchandise offered in that adult business.
9. 
No adult business facility may change to another adult business facility, except upon the approval of another conditional use.
10. 
No more than one adult business may be located within the same building or structure.
[Ord. 2001-4, 8/7/2001]
1. 
Purpose. In recognition of the quasi-public nature of personal wireless service facilities, the purpose of this subsection is to:
A. 
Regulate the placement, construction and modification of communications and transmissions antennas and communications towers to protect the public safety and welfare;
B. 
Accommodate the need for communications antennas while regulating their location in the Borough;
C. 
Minimize adverse visual effects of antennas and communications towers through proper design, siting, painting, and vegetative screening;
D. 
Encourage collocation of antennas and the use of existing structures to reduce the number of such structures needed in the future;
E. 
Avoid potential damage to adjacent properties from communications tower failure and falling ice or debris, through engineering and proper siting of communications towers;
F. 
Minimize any adverse effects of location and design of personal wireless facilities on residential property values;
G. 
Ensure that antennas and communications towers will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary;
H. 
Promote collocation of emergency services antennas;
I. 
Protect the health, safety, and welfare of the residents of the Borough and to insure that the location and number of personal wireless facilities protect these interests.
2. 
Wireless communications facilities shall comply with the following provisions:
A. 
Communications antennas may be attached to buildings or structures, (i.e., water tower or tall building) except residential dwellings, and shall be a permitted use in all districts, provided that the following requirements are met:
(1) 
Communications antennas shall not exceed the height of the existing structure by more than 15 feet. Omnidirectional or whip communications antennas shall not exceed seven inches in diameter. Directional or panel communications antennas shall not exceed five feet in height or width with a maximum surface area of 15 square feet.
(2) 
Any applicant proposing a communications antenna, or antennas to be mounted on a building or other structure shall submit to the Zoning Administrator evidence of the following, satisfactory to the Zoning Administrator and to the Borough:
(a) 
A report from a Pennsylvania registered professional engineer certifying that the proposed use will not exceed the structural capacity of the building or other structure, considering wind, ice, and other loads associated with the use.
(b) 
Detailed construction and elevation drawings indicating how the antenna(s) will be mounted on the structure or building for review and for compliance with any applicable state, county, or local building code or other law or ordinance.
(c) 
Agreements and/or easements showing access to the building or structure on which the antenna(s) is to be mounted in order that installation and maintenance of the communications antenna(s) and any communications equipment building can be accomplished.
(d) 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e) 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough of Jonestown, nor shall they create crosstalk or otherwise interfere with other methods of telephone communication.
(f) 
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(g) 
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas or provide satisfactory evidence that the Federal Communications Commission does not provide a license for the intended operation.
(h) 
Communications antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
B. 
The Zoning Chapter shall include a reference to § 1119B(1) as a permitted use in the following districts: the Residential Outlying District (R-O), Section 602; the Residential Town District (R-T), Section 702; and the Light Manufacturing District (M), Section 902.
3. 
Communications towers are permitted as a conditional use in the Central Commercial (C) Districts, provided that the following requirements are met:
A. 
License. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas, and shall provide a copy of all applicable license approvals by the Federal Communications Commission, including any special conditions applicable to the license.
B. 
Meets Exposure Standards. 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.
C. 
Tower Location. 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 structures within a one-fourth-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.
(5) 
A commercially reasonable agreement could not be reached with the owners of such structures.
D. 
Access. Access to the communications tower and the communications equipment building shall be provided by means of a public street or easement to a public street, which easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
E. 
Lot and Plan. A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot so long as the requirements of this chapter are met. Recording of a land development or subdivision plan shall not be required for a leased parcel upon which a communications tower is proposed to be constructed so long as the communications equipment building is unmanned.
F. 
Airports and Air Traffic. Communications towers shall comply with all applicable federal, state and local aviation, airport, and air traffic statutes, regulations, and ordinances.
G. 
Height Regulations. Communications towers, including attached antennas, shall be kept to the minimum height necessary to perform its function, which may be adjusted to provide for collocation with other users, but in no event shall any communications tower exceed a maximum height of 150 feet.
H. 
Yard and Setback. Communications towers and communications equipment buildings shall be located to comply with all yard and setback requirements of the Central Commercial Districts (C). Each communications tower constructed shall be engineered to collapse upon itself, and the applicant shall provide a written opinion from a professional engineer certifying that the communications tower has been so engineered.
I. 
Use of Stealth Technology. The applicant shall demonstrate that it is utilizing stealth technology to the greatest extent possible in the design of the communications tower.
J. 
On-Site Parking. A minimum of one paved, on-site parking space shall be provided on the lot or leased parcel on which the communications tower and/or communications equipment building is located, for use by inspection or maintenance vehicles only.
K. 
Fencing and Landscaping. A fence shall be required to surround a communications tower and communications equipment building and other related equipment. It shall be a minimum of six feet in height and a maximum of eight feet in height, which shall not contain openings greater than nine square inches, and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized personnel. 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 the fence enclosure. An evergreen screen shall be required to surround the fenced site, using evergreen trees of a minimum height of six feet at time of planting, tree planting not to exceed every eight feet.
L. 
Color. Communications towers and communications equipment buildings shall be painted in a color and/or composed of materials that best allow blending into the surrounding area, including the use of colors such as grays, blues, and greens as appropriate.
M. 
Communications Equipment Buildings. Communications equipment buildings are accessory buildings and must conform to all requirements of the zoning district in which the communications equipment building is located.
N. 
Signs and Lighting. A sign shall be mounted in a visible location upon the communications tower or communications equipment building identifying the name, address, and emergency telephone number of the operator. No lights shall be mounted on a communications tower unless as required by a governmental agency with such jurisdiction. Security lighting may be placed upon communications equipment buildings, but must be down-shielded and the light shall not shine or reflect on adjacent properties.
O. 
Safety. The applicant shall demonstrate that the proposed antenna(s) and communications tower are safe and the surrounding area will not be negatively affected by support structure failure, falling ice, or other debris. Compliance with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation shall be met. Compliance with guidelines recommended by the American National Standard Institute with respect to radio frequency emissions shall be met. Communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers. 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 the applicable requirements of any state, county, and local building code is required.
P. 
Insurance. The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence covering the communications tower, communications antenna(s), and communications equipment building, which insurance shall be maintained and remain in effect during the entire time the tower, antenna(s), and/or equipment building remains upon the lot or leased premises.
Q. 
Waste. No waste, including no hazardous waste, shall be placed or disposed of on the site of the communications tower and communications equipment building.
R. 
Noise Levels. Noise levels shall not exceed five dBA above ambient levels on adjacent properties. Operation of a backup power generator in the event of power failure, or the testing of a backup power generator between 9:00 a.m. and 6:00 p.m. are exempt from this limitation.
S. 
Removal. The recipient of conditional use approval and/or the owner of the communications tower, communications antenna(s) and communications equipment building shall enter into an agreement providing for removal of the communications towers, communications antenna(s) and communications equipment building at the applicant's expense and shall post a bond in an amount satisfactory to the Borough to be used by the Borough for such removal in the event the applicant fails to act timely to remove the facilities. Any communications tower, communications antenna(s) or communications equipment building that is no longer in use for its approved purpose shall be removed at the owner's expense. The owner shall provide the Borough with a copy of the notice to the FCC of intent to cease operations. If the tower, antenna(s), or equipment building remains unused for a period of six consecutive months, the owner shall be given 90 days from the end of that six-consecutive-month period to remove the communications tower, antenna(s), or equipment building. In the case of multiple operators sharing use, this provision shall not become effective until all users cease operations. The equipment on the ground is not to be removed, however, until the tower portion of the communications facility has first been dismantled and removed. In the event the owner does not remove the communications tower, antenna(s), or equipment building within the ninety-day period, the Borough may call the bond provided to the Borough by the owner and have the removal work performed. In the event the owner does timely have the removal work performed in a proper fashion, upon request, the Borough shall return the bond posted for removal to the owner.
T. 
Fully Automated Site. The applicant shall demonstrate that the site is fully automated.
U. 
Procedure. The applicant and the Borough Council shall follow the procedure set out in § 1519 to obtain a conditional use. The request for a conditional use shall be accompanied by documentation meeting each of the requirements of § 1119, as applicable. Prior to issuing a decision on the request for conditional use, the Borough Council may engage the services of a consultant to review the information provided in order to assist the Borough Council in reaching a decision on the request. The fees of the consultant shall be borne by the applicant. The Borough Council may require the applicant to pay in advance a retainer to be used towards the fees incurred by the consultant, which retainer shall be provided by the applicant within 10 days of the request. The consultant may be required to perform inspections or testing to determine the necessity for the facility, and whether the type of facility proposed is more appropriate than any other facility, and to provide comments upon the documentation provided by the applicant.
V. 
As-Built Plans. Within 60 days of completion of the initial construction, and any additional construction, the applicant shall furnish to the Borough two complete sets of plans, drawn to scale, and certified to the Borough as accurately depicting the wireless telecommunications facilities constructed pursuant to the conditional use approval.
W. 
Inspection. Beginning in December of the year that the construction of the communications tower is completed, and then in December of every other year thereafter, the owner of the communications tower shall have the communications tower inspected by an expert who is regularly involved in the maintenance, inspection, and/or erection of communications towers. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Borough. At the time said report is provided to the Borough, the applicant shall pay a fee as the Borough Council shall from time to time set forth in a resolution.
X. 
Amateur Radio. This regulation shall not govern any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio status operator.
[1]
Editor's Note: This section was originally added as § 1118, but was redesignated as § 1119 during codification.