1272.13   COMMUNICATIONS TOWERS AND ANTENNAS AS SPECIAL EXCEPTIONS.
   The following standards shall apply to communications towers and antennas as special exceptions:
   (a)   An applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower, if applicable, and communications antennas.
   (b)   The applicant shall demonstrate that the proposed communications tower and the communications antennas proposed to be mounted thereon comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
   (c)   Communications towers shall comply with all applicable Federal Aviation Administration (FAA), State Bureau of Aviation and applicable airport zoning regulations.
   (d)   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-quarter 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)   The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC governing human exposure to electromagnetic radiation.
      (5)   A commercially reasonable agreement could not be reached with the owners of such structures.
   (e)   Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street.  The easement shall be a minimum of twenty feet in width and shall be improved to a width of at least ten feet with a dust-free, all-weather surface for its entire length.
   (f)   A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
   (g)   Recording of a plat of subdivision or land development shall be required for a leased parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
   (h)   The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
   (i)   In all zoning districts, except I (Industrial) Districts, the maximum height of any communications tower shall be 150 feet, provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet.  In the I (Industrial) District, the maximum height of any communications tower shall be 180 feet.
   (j)   The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any Residential District at least 100 feet and shall be set back from any other property line (not lease line) at least fifty feet.
   (k)   The base of any communications tower shall be landscaped so as to screen the foundation and base and the communications equipment building from abutting properties.
   (l)   The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure.
   (m)   The applicant shall submit certification from a state-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 applicable requirements of the Borough's Building Code.
   (n)   The applicant shall submit a copy of its current FCC license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in a minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in a minimum amount of one million dollars ($1,000,000) per occurrence, covering the communications tower and communications antennas.
   (o)   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 a fenced enclosure.
   (p)   The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
   (q)   No signs or lights shall be mounted on a communications tower, except as may be required by the FCC, the FAA or other governmental agency which has jurisdiction.
   (r)   Communications towers shall be protected and maintained in accordance with the requirements of the Borough's Building Code.
   (s)   If a communications tower remains unused for a period of twelve consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
   (t)   One off-street parking space shall be provided within the fenced-in area.
(Ord. 2234.  Passed 7-13-98.)