Purpose. The purpose of this conditional use is to provide for communication antennas, towers, equipment, transmitting and receiving facilities to serve the Dallas area but also to site them so as to have the least impact on the health, safety and welfare humans and the environment.
A. Applicants are required to show compliance with the provisions of this Section and other applicable provisions of this Chapter.
B. Applications for the construction of communication antennas, support structures and related facilities shall include a written report containing the following:
(1) Information describing the tower height and design.
(2) A cross section of the structure.
(3) Engineering specifications detailing construction of tower, base and guy wire anchorage.
(4) Information describing the proposed painting and lighting schemes.
(5) Information describing the tower’s capacity, including the number and type of antennas that it can accommodate.
(6) All tower structure information shall be certified by a licensed professional engineer.
(7) Certification that there is not suitable space on existing sites or structures where the intended facility can be accommodated and function as required without reasonable modification.
(8) Technological evidence that the facility must go where proposed in order to satisfy its function in the grid system and provide the quality of service required by law.
(9) Written authorization from the property owner of the proposed site.
(10) Inventory of existing antenna support structures within a 2-mile radius of the proposed site, discussing the unavailability of sites and reasons therefore.
(11) Evidence of the applicant’s good faith efforts to locate the antenna on an existing structure.
(12) Applicant shall demonstrate that he/she is licensed by the Federal Communications Commission (FCC) to operate a communications tower and/or communications antenna.
C. All other uses ancillary to the antenna, tower and associated equipment are prohibited (except accessory equipment buildings), unless otherwise permitted in the zoning district in which the site is located. This includes, but is not limited to, business offices, maintenance depots and vehicle storage.
D. Other standards of approval for antenna support structures and antenna- related facilities include the following:
(1) Setbacks.
(a) Antenna support structures shall be set back from all property lines a distance equal to the height of the antenna.
(b) The structure shall be self-collapsing or have a clear fall area setback equal to the height of the structure and any attached antennas.
(2) Antenna Support Structure Height.
(a) The maximum height of any single antenna support structure located at a single site for one antenna shall be at the lowest height to function at the proposed location, based upon specific engineering data pertaining to the function of the antenna support structure, to be supplied to the applicant.
(b) An antenna support structure may exceed the maximum allowable height to allow for the collocation of another antenna provided that the applicant shows evidence that the antenna support structure will be a shared location site.
(3) Landscaping and Screening.
(a) If the antenna support structure site is located in an area of existing woodlands, the existing woodlands shall be preserved to the fullest extent possible. The existing woodlands shall be supplemented as needed to fully screen the antenna support base.
(b) If the site is not wooded, the entire perimeter of the fence surrounding the antenna support structure compound shall be planted with evergreen trees or other planting as approved by the Borough Council, at least 6 feet in height at the time of planting. The planting area around the antenna support structure shall have a minimum radius of 10 feet. The evergreens shall be planted every 5 feet on center.
(c) The site shall be landscaped to a density and height sufficient enough to screen the facility base tower and buildings from abutting properties.
(4) Equipment or Accessory Buildings. Accessory buildings must conform to the yard setbacks as required for the zoning district in which the tower is located.
(5) Parking. At least two off-street parking spaces shall be provided.
(6) Security, Maintenance and Fencing.
(a) The site shall be secured by a fence with a minimum height of 8 feet to limit accessibility by the general public.
(b) All guy wires shall be clearly marked so as to be visible at all times and shall be located within the fence enclosure.
(c) All equipment and buildings shall be constructed and maintained in accordance with the Dallas Borough Building Code (Chapter 5, Part 1).
(7) Lighting and Signs.
(a) No signs shall be mounted on a communications tower except as may be required by the FCC, Federal Aviation Administration (FAA) or other governmental agency which has jurisdiction.
(b) All communications towers shall have lights as may be required by the FCC, FAA or other governmental agencies which have jurisdiction. If lighting is not required by other agencies, then lighting acceptable to the Borough shall be required.
(8) Antenna support structures shall be painted in the color that best allows it to blend into the surroundings unless otherwise required by the FAA regulations. The use of grays, blues and greens may be appropriate.
(9) Antenna Support Structure Design and Structural Integrity. The owner of the antenna or antenna support structure shall provide a registered professional engineer’s report documenting that the structure meets the structural standards of the Dallas Borough Building Code (Chapter 5, Part 1) in the Telecommunications Industry Association.
(10) Other.
(a) Prior to issuance of a zoning permit for the erection of an antenna or antenna support structure, applicants must receive approval of a land development plan from the Borough Council. The land development plan must provide the information required by all applicable Borough ordinances.
(b) A formal land development plan is not required if the antenna is to be mounted on an existing structure.
(c) Evidence shall be submitted from a registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure, taking into consideration winds and other loads associated with location.
(d) The applicant, owner or operator of the antenna shall be licensed by the FCC.
(e) The tower shall comply with all applicable FAA, Commonwealth Bureau of Aviation, and zoning regulations.
(f) Certification of insurance evidencing general liability in the minimum amount of $1,000,000 per incident and property damage coverage in the minimum amount of $1,000,000 per incident is required to cover the tower, antenna and structures.
(11) Abandonment.
(a) If an antenna support structure is unused, as evidenced by notice to the Federal Communications Commission of intent to cease operations, for a continuous period of 12 months after said notice, it shall be deemed abandoned.
(b) Any antenna support structure or antenna that is deemed to be “abandoned” must be removed within 90 days.
(c) Removal of the antenna support structure shall be the responsibility of the owner of the antenna support structure. At the time of land development plan approval, the owner and/or his successors and assigns of the antenna support structure must enter into an agreement with the Borough regarding the removal of an abandoned antenna support structure, as herein defined.
(d) In the case of multiple operators sharing the use of a single tower, this provision shall become effective when all users cease operation.
(Ord. 2009-3, 12/16/2009, § 707)