[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 7-16-2002 by Ord. No. 3-2002. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 50.
As used in this chapter, the following terms shall have the meanings
indicated:
A device used to collect or transmit telecommunications or radio
signals.
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.
A tower, pole, mast or similar structure which supports equipment
used to transmit and/or receive telecommunication signals.
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.
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).
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.
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.
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.
