Chester Heights City Zoning Code
ARTICLE XXIII
Communications Facilities
§ 185-130 Applicability.
In recognition of the quasi-public nature of communications facilities and operations licensed by the Federal Communications Commission (FCC), and with the advice of technical consultants, including representatives of the communications industry as to the needs and requirements of that industry, the following special regulations shall apply.
§ 185-131 Purpose.
The purposes of this article include:
A.
To accommodate the need for communications facilities in areas of the Borough particularly suited for such uses due to topography and other location considerations while regulating their location and number in the Borough.
B.
To minimize adverse visual effects of communications equipment, towers and antennas through proper design, siting and screening.
C.
To avoid potential damage to adjacent properties from tower failure, through engineering and proper siting of towers.
D.
To require the joint use of any new towers, to reduce the number of such structures needed in the future.
§ 185-132 Definitions.
For the purposes of this article the following definitions shall apply:
A communications facility on a lot where the communications facility is operated solely in a manner and for a purpose that is customarily accessory to the primary business or other use being conducted upon such lot. By way of clarification and not limitation of the definition, "accessory communications facility" shall include the communications facility on a lot operated solely by an amateur radio operator at his residence and the communications facility on a lot operated solely for the dispatching of vehicles operated for the business or other use which is the primary use on the lot.
A communications tower, water tower, smoke stack, building or other similar structure that can support radio antennas above ground level.
Antennas, radio receivers and transmitters, batteries and other power sources, cables, generators, and other equipment and appurtenances necessary for installation and operation of a radio transmitting and/or receiving facility licensed for operation by the FCC, but not including within this definition the antenna supporting structure.
The communications equipment, any building necessary to house the communications equipment and antenna supporting structure, if any, which together constitute the operating facilities for transmitting and/or receiving radio signals on a lot. By way of clarification and not of limitation, "communications facility" shall not include a business office, maintenance depot, vehicle storage or outdoor storage of inoperative equipment, though such uses are not prohibited by this definition if they otherwise constitute a lawful use on the lot.
The areas of the Borough which are depicted in Exhibit "A" which is attached hereto and incorporated herein.[1]
A lattice tower, guy tower, or monopole designed solely for the purpose of supporting antennas and cables for transmitting and/or receiving of radio signals.
A communications facility on a lot where the communications facility is not customarily accessory to the principal use on the lot or where there is no use on, or proposed to be on, the lot except for the communications facility.
[1]
Editor's Note: Said exhibit is on file in the Borough offices.
§ 185-133 Permitted uses.
The following uses shall be permitted uses in any zoning district of the Borough:
A.
Communications facility located and operated on, within or adjacent to any antenna supporting structure that exists as of the date of the adoption of this chapter provided the height of the antenna support structure not be increased.
§ 185-134 Uses permitted by special exception.
The following uses shall be permitted in any zoning district of the Borough when authorized by the Zoning Hearing Board as a special exception:
A.
Existing accessory communications facility with a communications tower proposed to be raised or extended subject to the requirements in §§ 185-135 and 185-136.
B.
Existing independent communications facility with a communications tower proposed to be raised or extended, subject to the requirements in §§ 185-135 and 185-136.
§ 185-135 Requirements for special exception.
A communications facility for which special exception approval is sought shall meet the requirements in § 185-136 and the following additional requirements:
A.
The applicant shall demonstrate that any communications tower proposed to be constructed, installed or increased in height is:
(1)
The minimum height necessary for service to the area by the applicant or other actual user of the communications tower for reasonably anticipatable future requirements
(2)
Should be located in the proposed location in order to serve the purposes of the radio system of the applicant or actual user of the communications tower.
B.
All communications towers for an independent communications facility shall be designed and constructed so as to allow for use by more than one communications facility. Owners or operators of such communications towers shall make such communications towers available for use and occupancy, upon reasonable economic and other terms, by operators of any other proposed communications facility.
C.
The applicant shall demonstrate that, before any communications tower is constructed, installed or increased in height, the applicant has contacted the owners or operators of all potential antenna supporting structures that are technically capable of serving the applicant's communications transmissions and reception requirements within a one-half mile radius of the proposed communications tower site and has been denied permission to install its communications facility thereon because of the physical limitations of the antenna supporting structure.
§ 185-136 General requirements.
The following requirements shall apply to all independent communications facilities and accessory communications facilities:
A.
No communications tower shall exceed 150 feet in height above the ground.
B.
No communications tower shall be nearer than 1/2 mile from another communications tower.
C.
No advertising, signage, or lettering shall be affixed to, suspended from or painted on any communications tower or communications facility.
D.
All communications towers shall comply with the yard requirements for the underlying district in which the communications tower is to be located; provided, however, that the rear yard applicable to an antenna supporting structure constructed in the Business District solely for the purpose of supporting antennas (e.g., towers or poles but not buildings) shall be 25 feet.
E.
A security fence eight feet in height shall completely surround a communications tower (except one operated solely for amateur radio broadcasting accessory to a residence), guy wires, if used, and communications equipment not located within a building, unless such requirement is waived by the Council of the Borough in its discretion.
F.
A planted buffer shall be located around the perimeter whether or not a security fence is required, as follows:
(1)
An evergreen screen shall be planted that consists of either a hedge, planted a maximum of three feet on-center, or a row of evergreen trees planted a maximum of ten feet on-center.
(2)
Existing vegetation (trees and shrubs) shall be preserved to the maximum extent feasible and may be used to satisfy the screening requirements in the preceding subsection if they are located accordingly.
G.
All communications towers shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E Manual, as amended, or such other standards as may apply.
H.
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-E, as amended, shall be submitted to the Borough to document and verify the design specifications of the foundation for all communication towers.
I.
An independent communications facility is permitted on a lot with an existing use, or a vacant parcel, in the Communications Facility Overlay District, provided that the independent communications facility is fully automated and does not require the presence of employees for its operation, except for periodic maintenance.
J.
The vehicular access to the communications facility shall, wherever feasible, use the vehicular circulation of the existing use on the lot and the parking for the communications facility and shall, in the case of an unattended communications facility, share the parking of an existing use on the lot.
K.
If any of the communications equipment is to be located in a building, then the building shall comply with the following:
L.
Except for an accessory communications facility for amateur radio use on a residential lot, elevations of existing and proposed structures which are a part of proposed communications facility, showing width, depth and height shall be presented with any application for a permit or other approval.
M.
An antenna or antenna support structure which is to be attached to an existing building may be constructed or installed so as to reach up to, but no higher than, 20 feet above the maximum building height in the district in which the communications facility is located.
N.
The communications facility and every part thereof shall, in design, construction, maintenance, use, and operation, comply with laws and regulations of federal, state and municipal authorities. Applications shall include a list of other required permits or approvals from issuing agencies (FAA, FCC) together with a statement of compliance.
O.
Without limitation of any other requirements of this article, each communications facility shall, to the extent required by law, be operated pursuant to a license validly issued by, and in good standing with, the FCC or any other federal or state agency having such jurisdiction.
P.
A communications tower shall be unpainted galvanized metal, unpainted reinforced concrete or painted a pale or muted color approved by the Council, unless another paint scheme is required to comply with regulations or requirements of the Federal Aviation Administration or other federal or state agency having such jurisdiction.
Q.
A communications facility shall be operated so as not to interfere with broadcast radio or television reception to the general public.
R.
A communications tower shall be lighted only if required to do so by the Federal Aviation Administration.
S.
Height limitations applicable to a communications tower shall include the combined height of the communications tower and any communications equipment attached thereto.
T.
Any communications tower shall be fitted with anticlimbing devices approved by the manufacturer of the communications tower, manufacturer or ANSI.
U.
For the general well-being of the Borough, and the safety of its residents, together with the efficient operation, and continuous availability for cellular and digital communication users, the following additional general requirements shall apply.
(1)
All communication towers and communication facilities shall be owned and operated only by those individuals or business entities with a validly issued FCC license, or such permit as may be required by other federal and state agencies having jurisdiction.
(2)
The owner/operator of each communications facility or communications tower shall conduct periodic maintenance inspections, and shall submit to the Borough, on or before March 31 each year, a maintenance report including copies of its maintenance log and/or periodic inspection and reports, together with a certification from a registered professional engineer regarding the structural integrity of the communications tower.
(3)
In the event that a communications tower or communications facility is abandoned or is no longer used by its owner/operator, then a statement of cessation of use shall be filed with the Borough by the owner/operator thereof and the owner/operator shall disassemble and/or remove all facilities which are located on or above the ground within one year and shall file a final report regarding such removal with the Borough.
V.
All owners/operators of communication towers/communication facilities shall pay the annual pole and/or tower permit fee then in effect in the Borough. The first such annual permit fee shall be due at the time of the filing of the annual maintenance report required pursuant to Subsection U(2) hereof.