If public water and sewer are used - 30%.

If public water or public sewer is used - 25%.

If public water and sewer are used for townhomes - 40%.

If public water and public sewer are used - 60%.

If public water or public sewer is used - 45%.

The applicant adequately demonstrates that the mandates of § 1106 will not be violated by the erection of the proposed fence, wall or hedge.

The applicant has received written permission from all adjacent property owners to a proposed fence, wall or hedge within 10 feet of the property line and in excess of the prescribed height.

Any proposed front yard fence in excess of 30 inches high has at least 50% openness or visibility, such as wrought iron, picket or chain link.

The applicant adequately demonstrates to the satisfaction of the Zoning Hearing Board, that the safety of vehicular and pedestrian traffic will not be adversely affected by the erection of the proposed fence, wall or hedge.

Where two or more abutting lots of record are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, they shall be considered to be a single lot of record for the purpose of this chapter; and the provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.

Where the owner of a lot of record does not own and cannot reasonably acquire sufficient adjacent land to enable him to conform to the requirements herein prescribed, such lot may be used by said owner as a building site, provided that the required open space and other provisions conform as closely as possible, in the opinion of the Zoning Hearing Board, to the requirements of the district in which it is located.

Regulate the placement, construction and modification of communications and transmissions antennas and communications towers to protect the public safety and welfare;

Accommodate the need for communications antennas while regulating their location in the Borough;

Minimize adverse visual effects of antennas and communications towers through proper design, siting, painting, and vegetative screening;

Encourage collocation of antennas and the use of existing structures to reduce the number of such structures needed in the future;

Avoid potential damage to adjacent properties from communications tower failure and falling ice or debris, through engineering and proper siting of communications towers;

Minimize any adverse effects of location and design of personal wireless facilities on residential property values;

Ensure that antennas and communications towers will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary;

Promote collocation of emergency services antennas;

Protect the health, safety, and welfare of the residents of the Borough and to insure that the location and number of personal wireless facilities protect these interests.

Communications antennas may be attached to buildings or structures, (i.e., water tower or tall building) except residential dwellings, and shall be a permitted use in all districts, provided that the following requirements are met:

The Zoning Chapter shall include a reference to § 1119B(1) as a permitted use in the following districts: the Residential Outlying District (R-O), Section 602; the Residential Town District (R-T), Section 702; and the Light Manufacturing District (M), Section 902.

License. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas, and shall provide a copy of all applicable license approvals by the Federal Communications Commission, including any special conditions applicable to the license.

Meets Exposure Standards. 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.

Tower Location. 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-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:

Access. Access to the communications tower and the communications equipment building shall be provided by means of a public street or easement to a public street, which easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

Lot and Plan. A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot so long as the requirements of this chapter are met. Recording of a land development or subdivision plan shall not be required for a leased parcel upon which a communications tower is proposed to be constructed so long as the communications equipment building is unmanned.

Airports and Air Traffic. Communications towers shall comply with all applicable federal, state and local aviation, airport, and air traffic statutes, regulations, and ordinances.

Height Regulations. Communications towers, including attached antennas, shall be kept to the minimum height necessary to perform its function, which may be adjusted to provide for collocation with other users, but in no event shall any communications tower exceed a maximum height of 150 feet.

Yard and Setback. Communications towers and communications equipment buildings shall be located to comply with all yard and setback requirements of the Central Commercial Districts (C). Each communications tower constructed shall be engineered to collapse upon itself, and the applicant shall provide a written opinion from a professional engineer certifying that the communications tower has been so engineered.

Use of Stealth Technology. The applicant shall demonstrate that it is utilizing stealth technology to the greatest extent possible in the design of the communications tower.

On-Site Parking. A minimum of one paved, on-site parking space shall be provided on the lot or leased parcel on which the communications tower and/or communications equipment building is located, for use by inspection or maintenance vehicles only.

Fencing and Landscaping. A fence shall be required to surround a communications tower and communications equipment building and other related equipment. It shall be a minimum of six feet in height and a maximum of eight feet in height, which shall not contain openings greater than nine square inches, and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized personnel. 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 the fence enclosure. An evergreen screen shall be required to surround the fenced site, using evergreen trees of a minimum height of six feet at time of planting, tree planting not to exceed every eight feet.

Color. Communications towers and communications equipment buildings shall be painted in a color and/or composed of materials that best allow blending into the surrounding area, including the use of colors such as grays, blues, and greens as appropriate.

Communications Equipment Buildings. Communications equipment buildings are accessory buildings and must conform to all requirements of the zoning district in which the communications equipment building is located.

Signs and Lighting. A sign shall be mounted in a visible location upon the communications tower or communications equipment building identifying the name, address, and emergency telephone number of the operator. No lights shall be mounted on a communications tower unless as required by a governmental agency with such jurisdiction. Security lighting may be placed upon communications equipment buildings, but must be down-shielded and the light shall not shine or reflect on adjacent properties.

Safety. The applicant shall demonstrate that the proposed antenna(s) and communications tower are safe and the surrounding area will not be negatively affected by support structure failure, falling ice, or other debris. Compliance with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation shall be met. Compliance with guidelines recommended by the American National Standard Institute with respect to radio frequency emissions shall be met. Communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers. Certification from a Pennsylvania 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 the applicable requirements of any state, county, and local building code is required.

Insurance. The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence covering the communications tower, communications antenna(s), and communications equipment building, which insurance shall be maintained and remain in effect during the entire time the tower, antenna(s), and/or equipment building remains upon the lot or leased premises.

Waste. No waste, including no hazardous waste, shall be placed or disposed of on the site of the communications tower and communications equipment building.

Noise Levels. Noise levels shall not exceed five dBA above ambient levels on adjacent properties. Operation of a backup power generator in the event of power failure, or the testing of a backup power generator between 9:00 a.m. and 6:00 p.m. are exempt from this limitation.

Removal. The recipient of conditional use approval and/or the owner of the communications tower, communications antenna(s) and communications equipment building shall enter into an agreement providing for removal of the communications towers, communications antenna(s) and communications equipment building at the applicant's expense and shall post a bond in an amount satisfactory to the Borough to be used by the Borough for such removal in the event the applicant fails to act timely to remove the facilities. Any communications tower, communications antenna(s) or communications equipment building that is no longer in use for its approved purpose shall be removed at the owner's expense. The owner shall provide the Borough with a copy of the notice to the FCC of intent to cease operations. If the tower, antenna(s), or equipment building remains unused for a period of six consecutive months, the owner shall be given 90 days from the end of that six-consecutive-month period to remove the communications tower, antenna(s), or equipment building. In the case of multiple operators sharing use, this provision shall not become effective until all users cease operations. The equipment on the ground is not to be removed, however, until the tower portion of the communications facility has first been dismantled and removed. In the event the owner does not remove the communications tower, antenna(s), or equipment building within the ninety-day period, the Borough may call the bond provided to the Borough by the owner and have the removal work performed. In the event the owner does timely have the removal work performed in a proper fashion, upon request, the Borough shall return the bond posted for removal to the owner.

Fully Automated Site. The applicant shall demonstrate that the site is fully automated.

Procedure. The applicant and the Borough Council shall follow the procedure set out in § 1519 to obtain a conditional use. The request for a conditional use shall be accompanied by documentation meeting each of the requirements of § 1119, as applicable. Prior to issuing a decision on the request for conditional use, the Borough Council may engage the services of a consultant to review the information provided in order to assist the Borough Council in reaching a decision on the request. The fees of the consultant shall be borne by the applicant. The Borough Council may require the applicant to pay in advance a retainer to be used towards the fees incurred by the consultant, which retainer shall be provided by the applicant within 10 days of the request. The consultant may be required to perform inspections or testing to determine the necessity for the facility, and whether the type of facility proposed is more appropriate than any other facility, and to provide comments upon the documentation provided by the applicant.

As-Built Plans. Within 60 days of completion of the initial construction, and any additional construction, the applicant shall furnish to the Borough two complete sets of plans, drawn to scale, and certified to the Borough as accurately depicting the wireless telecommunications facilities constructed pursuant to the conditional use approval.

Inspection. Beginning in December of the year that the construction of the communications tower is completed, and then in December of every other year thereafter, the owner of the communications tower shall have the communications tower inspected by an expert who is regularly involved in the maintenance, inspection, and/or erection of communications towers. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Borough. At the time said report is provided to the Borough, the applicant shall pay a fee as the Borough Council shall from time to time set forth in a resolution.

Amateur Radio. This regulation shall not govern any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio status operator.