Eagles Mere City Zoning Code
§ 105-17.1
Wireless communications towers.
[Added 5-8-2002 by Ord. No. 2002-2; amended 6-5-2017 by Ord. No. 2017-01]
A.
Purpose. The purpose of this section is to establish requirements for the siting of wireless communications towers, distributed antenna systems (DAS), facilities, equipment, and antennas so as to comply with federal and state laws and so far as allowed by law to:
(1)
Protect and preserve the visual character of the Borough by minimizing the visual and aesthetic impact of all wireless communications towers, facilities, equipment, and antennas.
(2)
Ensure that all wireless communications towers, DAS, facilities, equipment, and antennas are designed and configured in such a manner as to match or blend into the characteristics of the area of where they are situated. Such characteristics shall include both man-made structures as well as environmental features.
(3)
Encourage the location of wireless communications towers, DAS, facilities, equipment, and antennas in areas where the adverse impact on the community is minimal through careful design, siting, landscape screening and innovative camouflaging techniques.
(4)
Minimize the total number of towers throughout the community through joint use of new and existing towers and other structures as a primary option rather than the construction of additional single-use towers.
(5)
Enhance the ability of the providers of communications services to provide such service to the community quickly, effectively, and efficiently.
(6)
Consider the public health and safety of wireless communications towers, facilities, equipment, and antennas.
(7)
Avoid potential damage to the public and adjacent properties from the failure of wireless communications towers, facilities, equipment, and antennas through careful engineering and siting.
B. BALLOON TEST CRANE TEST DRIVE TEST PREEXISTING WIRELESS COMMUNICATIONS TOWERS, FACILITIES, EQUIPMENT AND ANTENNAS PROPAGATION TESTING REPEATER UTILITY ATTACHMENT
Definitions. As used in this section, the following terms shall have the meanings set forth below:
The use of a balloon or similar object to locate or identify the proposed height and location of a tower.
The use of a crane or similar mechanism to elevate a broadcast antenna for the purposes of collecting data or information regarding the propagation characteristics of a particular proposed facility.
The collection of radio signals broadcast from a proposed location. A drive test can be performed by the use of a crane test or by the use of a broadcast antenna placed upon or above an existing structure.
Any wireless communications towers, facilities, equipment and antennas for which a building permit and zoning approval has been properly issued prior to the effective date of this section, including permitted wireless communications towers, facilities, equipment and antennas that have not yet been constructed so long as such approval is current and has not expired.
The actual collection and analysis of radio signal broadcasts, via a drive test or similar method, which provides an indication of a particular site's coverage or level of service to the surrounding area based upon actual field measurements.
A device or facility that extends coverage of a cell to areas not covered by the originating cell.
The use of an existing utility structure, including wood poles, as a structure to mount or utilize for a wireless communications facility, equipment or antennas.
C.
Minimum requirements. Except as set forth in § 105-17.1E, Other permitted antennas, the following minimum requirements shall apply to all wireless communications towers, DAS, facilities, equipment, and antennas and to any alterations or additions in addition to the generally applicable criteria for conditional uses.
(1)
Antenna height. Any antenna that is attached to an existing structure shall not exceed the height of the existing structure by more than 20 feet.
(2)
Antenna offset. Any antenna that is attached to an existing structure shall not be mounted beyond the vertical face or plane of the existing structure by more than three feet.
(3)
Tower height. No tower, including the antenna, shall exceed 200 feet in height.
(4)
Setback. All towers and antennas shall be set back a minimum of 100 feet from all property lines. If the tower and antennas exceed 150 feet in height, the minimum setback of 100 feet shall be increased by one foot for each one foot in height that the tower and antenna exceed 150 feet.
(5)
Preservation of existing trees. A management plan shall be submitted for approval describing how the existing trees located on the site shall be protected during the construction of the site.
(6)
Engineer's certification. A professional engineer licensed by the State of Pennsylvania shall certify any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical.
(7)
State or federal requirements. All towers, DAS, facilities, equipment and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers, facilities, equipment and antennas. If such standards and regulations are changed, then the owner of the towers, facilities, equipment and antennas governed by this section shall bring such towers, facilities, equipment and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such towers, DAS, facilities, equipment or antennas into compliance with such revised standards and regulations shall constitute a violation and the Borough may require the removal of the towers, DAS, facilities, equipment and antennas at the owner's expense.
(8)
Building codes: safety standards. To ensure the structural integrity of towers as well as the safety of any attachment to an existing structure, the owner of towers, DAS, facilities, equipment or antennas shall ensure that they are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute a violation and the Borough may require the removal of the towers, DAS, facilities, equipment or antennas at the owner's expense.
(9)
Not utilities. Towers, DAS, facilities, equipment and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as public utilities or private utilities. Even when an entity has received public utility status through the Public Utility Commission (PUC), all applications, including right-of-way applications, will be reviewed under this Zoning Ordinance (or under the conditional use section in § 105-17.1E).
(10)
Co-location. In order to reduce the number of towers in the Borough in the future, the proposed tower shall be designed to accommodate at least four separate commercial wireless communications companies. In addition its design shall allow for the accommodation of municipal emergency service use at no cost to the emergency service provider.
(11)
Tower inspections and removal of abandoned towers and DAS. An annual inspection report, which format and content will be prescribed by the Borough, shall be submitted on the date of each approval anniversary of the certificate of occupancy.
(a)
At the time a tower or DAS becomes empty or vacant, the owner shall supply notice to the Zoning Officer the day that abandonment occurs. This notice shall begin the time period for calculating abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall also be considered abandoned.
(b)
The owner of an abandoned antenna or tower shall remove the same within 90 days of receipt of notice from the Borough. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the Borough to cause the removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(c)
A tower or DAS removal performance bond shall be provided to the Borough in an amount specified by Borough Council. Said bond shall remain with the Borough and may be invoked upon failure by the tower owner to remove an abandoned tower.
(12)
Security. Unless the communications tower or antenna is located on a building or alternative tower structure, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by an eight-foot-high chain-link security fence or similar fence with self-latching gate to limit accessibility to the general public. All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.
(13)
Lighting. No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration or the Federal Communications Commission, in which case the Borough may review the available lighting options and approve the design that would cause the least disturbance to the surrounding uses and views.
(14)
Signs or advertising. No sign or other structure shall be mounted on the tower structure or antenna, except as may be required and approved by the Federal Communications Commission, Federal Aviation Administration, other governmental agency and the Borough. No advertising is permitted on an antenna or tower, buildings or related or accessory structures.
(15)
Principal, accessory and joint uses.
(a)
Accessory structures used in direct support of a tower shall be allowed but may not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.
(b)
Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.
(16)
Liability insurance. The owner of the tower shall provide to the Borough a current liability insurance policy with minimum limits of $1,000,000 naming the Borough as an additional insured.
(17)
Tower camouflage. All towers shall be disguised as a tree with realistic branches, trunk and bark to blend with the existing natural surroundings so as to minimize visual impacts and to achieve compatibility with the character of the community. The tower, including the antennas, when disguised as a tree with realistic branches, trunk and bark shall not extend higher than 20 feet above the tree line of the immediate area. Borough Council may approve an alternative design if it finds that the alternative has less visual impact and is more compatible with the character of the community.
(18)
Antennas on existing structures. Antennas located on existing structures and buildings shall be architecturally compatible with the respective buildings/structures. Antennas shall be designed to blend into the community when located on existing building/structures. Antennas, DAS and/or wireless facilities shall not be located on any building that is defined as an historic building.
(19)
No antenna and/or wireless facility which is placed outside of a public right-of-way may be obtained through a taking and/or eminent domain, and the Borough will bear no costs in the construction, maintenance, and/or removal thereof.
D.
Contents of applications. All applications. All applications for construction, alteration, addition or change of any wireless communications tower, DAS, wireless facilities, equipment and antennas shall, if applicable, include the following content:
(1)
Alternatives analysis.
(a)
A topographic map of the proposed local service area which identifies the local network facilities with which the proposed facility will connect. Such network information shall include sites of all carriers situated within five miles of the proposed site. The specific location of existing or future proposed sites shall be identified. The heights of the structures of the other sites shall be identified on the map.
(b)
A small-scale map of the applicable franchise area which identifies the regional network of facilities with which the local network will connect.
(c)
Identification of the following on a topographic map:
[1]
All other existing telecommunications facilities, including those owned or operated by the applicant for the same type of service and those which provide other wireless services, which could potentially support the proposed facility.
[2]
All other existing structures which might provide an opportunity for attached facilities.
(d)
Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain in the event that the proposed facility is approved and constructed. Such service gaps shall be determined by actual coverage measurements developed by propagation testing and not by predicted coverage. The coverage information, maps and supporting data must be prepared by an individual qualified by the Borough as an expert in radio frequency engineering. Such service gaps shall be displayed for the carrier itself and gaps unserved by any carrier.
(e)
The applicant must demonstrate, using accepted technological evidence, why the towers, DAS, facilities, equipment and/or antennas are to be located where proposed. The applicant must show, with engineering certification, why lower tower height technology is not feasible.
(2)
Any applicant proposing construction of a new tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the antennas on an existing building, structure or tower. A good-faith effort shall require that all owners of potentially suitable structures in the Borough or within a five-mile radius of the proposed tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
A commercially reasonable agreement could not be reached with the owners of such structures.
(3)
A visual analysis, which shall include photomontage, field, mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunications facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service.
(4)
Identification of all private, commercial and public airports located within a five-mile radius of the proposed site on a plan. The glide path of each airport located within the five-mile radius shall be graphically represented on the plan to show the location of the glide path in both its horizontal and vertical elements.
(5)
Documentation to substantiate that a balloon test was or will be performed.
(6)
A management plan shall be provided which details the methods that shall be used to preserve and protect the natural features, such as existing vegetation, that help screen the facility from view or mitigate the facility's impact.
(7)
A landscaping plan shall be provided to screen the foundation, base, and equipment buildings from abutting properties. Existing wooded areas, tree lines and hedge rows adjacent to the facility shall be preserved except for site access and site construction of a tower.
(8)
Documentation shall be provided to substantiate that the applicant has secured at least one antenna contract to locate on such tower.
E.
Other permitted antennas.
(1)
An antenna owned or operated by the Borough shall be a permitted use in all districts if it meets the requirements of Subsection E(3) of this section.
(2)
The following antennas, including their supporting structures, shall be permitted by conditional use in all districts if they meet the requirements of § 105-17.1E and the standards generally applicable to conditional use applications.
(3)
An antenna and/or DAS permitted under Subsection E(2) shall meet the following requirements:
(a)
The height of the top of the antenna/DAS or its support structure shall not exceed 35 feet if the support is a freestanding structure or 45 feet if the antenna is attached to an existing building housing an organization described in Subsection E(2)(b) and (e). The Borough Council may permit the height to be increased to no more than 65 feet if it finds that the increased height is essential to the operation of the antenna.
(c)
The antenna shall comply with the requirements of § 105-17.1C(7) and (8).
(d)
Antennas/DAS attached to an existing building or structure shall be compatible with the respective building or structure and shall be designed to blend in with the community. Antennas/DAS shall not be attached to any building that is defined as an historic building.
(e)
The owner of a DAS and/or wireless facility in a public right-of-way will incur its own construction, maintenance, removal and all other costs. If the Borough incurs any such costs, the owner will be responsible for reimbursing the Borough.