The purpose of this article is to provide a uniform and comprehensive
set of standards for the development and installation of new commercial
communications towers and antennas. The regulations contained herein
are designed to protect and promote public health, safety, and the
general welfare of the community while ensuring that new commercial
communications towers will be safe and be placed in suitable locations
and at the same time not unduly restricting the development of needed
telecommunications facilities. These regulations will also help in
ensuring that municipal land use regulations arc in compliance with
the Federal Telecommunications Act of 1996. It is intended that Bath
Borough shall apply these regulations to accomplish the following:
A. Minimize adverse visual effects of commercial communications towers
and antennas and related facilities through design and siting standards.
B. Maintain and ensure that a nondiscriminatory, competitive and broad
range of telecommunications serves and high-quality telecommunications
infrastructure consistent with the Federal Telecommunications Act
of 1996 are provided to serve the community, as well as serve as an
important and effective part of the municipality's emergency services
network.
C. Provide requirements necessary for obtaining approval to site and
construct commercial communications towers and antennas while at the
same time protecting the legitimate interests of Bath's citizens.
D. Protect environmentally sensitive areas of the Borough by regulating
the location design and operations of telecommunications facilities.
E. Encourage the use of alternative support structures, co-location
of new antennas on existing commercial communications towers, camouflaged
towers, monopoles and construction of towers with the ability to locate
three or more providers.
[Amended 2-2-2015 by Ord.
No. 2015-651]
A. Commercial communication towers shall not be permitted in any residential
or Preservation Overlay Zoning District.
B. Commercial communication towers shall be allowed as principal or
accessory uses as follows:
(1)
Special exception use in any commercial zoning districts;
(2)
Permitted by right in the Manufacturing Commercial District.
C. Commercial communications antennas shall be a permitted-by-right use in all zoning districts if placed on an existing commercial communications tower, public utility transmission tower, or placed on any structure other than a single-family detached dwelling, duplex dwelling, townhouse dwelling or any other residential structure. Commercial communications antennas shall not be permitted on any residential accessory structure. A structure shall include, for these purposes, concrete or macadam pavement and/or a concrete slab. Further, Bath may require a visual impact analysis, as described in §
675-140 below, to be performed to ensure that any adverse visual impact created by the commercial communications antenna is mitigated.
D. A commercial communication tower shall be a permitted-by-right use
on any parcel owned and controlled by the Borough of Bath. Commercial
communications antennas mounted on an existing attachment structure
or proposed support structure shall be a permitted-by-right use on
any parcel owned and controlled by the Borough of Bath. When the Borough
of Bath is the applicant for a commercial communication tower or commercial
communications antennas on a parcel owned or controlled by the Borough
of Bath, or when a third party is authorized by the Borough Council
of the Borough of Bath to be the applicant for a commercial communication
tower or commercial communications antennas on a parcel owned or controlled
by the Borough of Bath, the regulations of this section do not need
to be met.