The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communication antennas.
(A) 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.
(B) Communication towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation Regulations. Towers must comply with the borough Subdivision and Land Development Ordinance (Chapter 156) as a subdivision for lease.
(C) 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 antenna 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; and/or
(5) A commercially reasonable agreement could not be reached with the owners of the structure.
(D) 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 20 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.
(E) 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.
(F) The maximum height of any communications tower shall be 300 feet.
(G) The foundation and base of any communications tower shall be set back from a property line (not lease line) at least one foot for every foot in tower height.
(H) To encourage co-location and minimize the use of land for these facilities, all towers shall be secured only at the tower base. Towers secured by guide or support wires shall not be permitted unless they are the only form that is technically feasible at the site. If guide or support wires are employed, fencing and screening shall enclose the entire area (including all support apparatus) within a single compound.
(I) The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(J) The communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure.
(K) 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/Tele-communications Industry Association.
(L) The applicant shall submit a copy of its current Federal Communications Commission 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 the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(M) 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.
(N) 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.
(O) No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.
(P) The owner shall notify the borough if the tower is no longer being used. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such 12-month period.
(Q) One off-street parking space shall be provided within the fenced area.
(1980 Code, Ch. 28, Part 4, § 28-417) (Ord. 1419, passed 9-16-2013, § 417) Penalty, see § 156.999