[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 7-16-2002 by Ord. No. 3-2002. Amendments noted where applicable.]
Zoning -- See Ch. 50.
§ 49-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ANTENNA -- A device used to collect or transmit telecommunications or radio signals.
ANTENNA HEIGHT -- The vertical distance measured from the base of the antenna support structure to the highest point of the structure. If the support structure is located on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE -- A tower, pole, mast or similar structure which supports equipment used to transmit and/or receive telecommunication signals.
WIRELESS PHONE SITE -- A tract or parcel of land that contains a wireless phone antenna, its support structure, accessory building(s), and parking; or a location upon an existing structure to which a wireless phone antenna is mounted or attached thereto.
§ 49-2. Supplemental requirements for wireless phone sites and facilities.
A. Structural integrity and safety.
(1) The antenna support structure shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended, and also to FAA standards for marking and lighting of obstructions to all navigation.
(2) A soil report complying with the standards of Appendix 1: Geotechnical Investigations, ANSI/E1A 222-E Manual, as amended, shall be submitted to document and verify the design specifications of the foundation for the antenna support structure, and anchors for the guy wires, if used.
(3) All antenna support structures shall be designed to withstand wind gusts of at least 80 miles per hour.
(4) The operational use of the antenna for a wireless phone site, including those mounted upon an antenna support structure or to an existing structure, shall comply with all applicable rules and regulations of the FCC and the FAA.
(5) The applicant or owner of antenna support structures shall provide a design certificate prepared by a professional engineer, which certifies compliance with the standards addressed in the above Subsection A(1) through (4). The design certificate shall be submitted with the Zoning application, with an additional copy to the Chief Building Inspector of the Borough of Harveys Lake. The issuance of any zoning approval shall be conditioned upon written notice from the Chief Building Inspector that deems the required certification to be satisfactory and in compliance with the standards addressed in the above Subsection A(1) through (4).
§ 49-3. Height and setback requirements.
A. A wireless phone site with an antenna, which is mounted and/or attached to an existing structure, shall not extend more than eight feet above the existing structure when the principal use of the subject property is residential or located in a Residential Zoning District.
B. The maximum height any freestanding antenna support structure, not mounted or attached to an existing structure, shall not exceed 100 feet.
C. A freestanding antenna support structure shall be set back from any property line to a distance that is not less than the maximum height of the antenna support structure.
D. Any building utilized as a component of a wireless phone site shall be completely enclosed by a fence, eight feet in height, with such building meeting the setback requirements for the zoning district in which it is located.
E. A freestanding antenna support structure, or an antenna mounted upon an existing structure, shall be removed by the owner of the same within six months of the discontinuance of its use. The owner shall provide the Borough of Harveys Lake with a copy of the notice to the FCC of intent to cease operations. The six-month period for the removal of the antenna support structure or an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.
§ 49-4. Site plans required.
A. A site plan shall be required for the development of a wireless phone site which includes a freestanding antenna support structure or a proposed antenna mounted to an existing structure.
B. A site plan amended shall also be required when the location of a freestanding antenna support structure represents a described parcel of land, subject to a lease, within an existing deed of record.
§ 49-5. Standards and criteria.
A. A wireless phone site shall comply with the special exception provisions of the Harveys Lake Zoning Ordinance, as amended. (See Ch. 50, Zoning.)
B. The applicant shall provide documentation to verify the wireless phone site is designed in compliance with the standards addressed under §§ 49-3, 49-4 and 49-5 of this chapter.
C. The applicant shall demonstrate with technical data that a wireless phone site must be located where it is proposed in order to serve the applicant's service area.
D. The applicant shall demonstrate with technical data that the antenna height is the minimum height required to function sufficiently. No antenna that is taller than the minimum height shall be approved.
E. The applicant shall demonstrate that the proposed antenna support structure complies with all applicable state and federal standards.
F. The applicant shall demonstrate that the proposed antenna and the antenna support structure are safe and the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer.
G. It is encouraged that an antenna support structure be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new freestanding antenna support structure is proposed, the applicant must demonstrate that all alternatives to the construction of a new freestanding antenna support structure have been exhausted.
H. The applicant shall provide information on a proposed design antenna support structure, which shall minimize the visual impact for those residents in an immediate area and for those in the larger community who view it from a distance.