§ 310-51 Communications facility.
A. In an IP Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
(1) The applicant shall demonstrate that it is licensed by the Federal Communications Commission.
(2) 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.
(3) Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(4) 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:
(a) The proposed antenna 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) The landowner is unwilling or unable to enter into any agreement with the applicant.
(5) 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 paved with a concrete or bituminous paving material, improved to a width of at least 10 feet for its entire length.
(6) A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot, which lot meets the minimum lot size requirements for the zoning district.
(7) Proper approval and recording of a subdivision or land development plan shall be required for a new or lease parcel on which a communications tower is to be constructed.
(8) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(9) In all zoning 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.
(10) The foundation and base of any communications tower shall be set back from a property line (not lease line) at least 100 feet.
(11) The base of a communications tower shall be landscaped so as to screen the foundations and base and communications equipment building from abutting properties.
(12) The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(13) Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
(14) Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
(15) Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(16) Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(17) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(18) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township staff and/or Township Engineer for compliance with the Spring Garden Township ordinances.
(19) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(20) Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(21) Communications antennas shall not cause radio frequency interference with other communications facilities located in Spring Garden Township.
(22) The application shall submit 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 applicable requirements of Spring Garden Township.
(23) The applicant shall submit and keep on file, with Spring Garden Township, 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.
(24) 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. The guy wires shall be marked with fluorescent strips or similar items that would make the wires visible in the dark. Such items are not to include lights.
(25) The site of a communications tower shall be secured by a fence that is a minimum of six feet in height and a maximum of eight feet in height, to limit accessibility by the general public.
(26) 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 which has jurisdiction.
(27) Communications facilities shall be protected and maintained in accordance with the requirements of the Spring Garden Township Building Maintenance Code.
(28) The owner, licensee or operator shall annually certify to Spring Garden Township that the tower is structurally sound and remains in use. If a communications tower remains unused for a period of 12 consecutive months or becomes structurally unsafe, the owner, licensee, operator and/or landowner shall dismantle and remove the communications tower and any associated buildings within six months of the expiration of such twelve-month period. At the time of approval of the application, the applicant shall file with the Township a bond in an amount equal to the cost of removal or demolition of said tower and buildings, as determined by the Township's Engineer, which bond shall be held by the Township to be used in the event the owner, licensee, operator or landowner shall fail to dismantle the abandoned communications tower within said six-month time period. If the owner, licensee, operator or landowner shall dismantle said tower in accordance with this subsection, the bond shall be returned to the applicant or his assigns.
(29) One off-street parking space shall be provided within the fenced area.