DRAFT

Home Rule Borough of Edinboro

Amendment Zoning Ordinance

ORDINANCE 578

An ordinance amending Chapter 27 Borough of Edinboro Zoning Ordinance 457 of the Code of the Borough of Edinboro (Ordinance 545) regulating the location of cellular communication equipment and towers, permitting requirements and definitions associated with such use; and

WHEREAS; the Home Rule Borough of Edinboro has power to amend the adopted zoning ordinance to reflect modern day land uses and advances in technology; and

WHEREAS; the demand for cellular telephone service has increased and become the standard form of personal communication among the population; and

WHEREAS; in response to customer demands, cellular providers are seeking alternate methods and designs to provide cellular service to its customers; and

WHEREAS; reasonable amendments and regulations may be established by the Borough Council from time to time; and

THEREFORE, The Home Rule Borough of Edinboro hereby amends and adopts the following:

1]    DELETE  from  Section 405.2     ……….. communication towers,……..

2]    ADD the following DEFINITIONS   Section 202 the following words and terms:

                    Communication tower:   A structure designed and constructed to support

                     communication equipment including cellular, radio, television, short wave

                      and similar.  It may be a mono pole design or lattice type whether guyed or

                      non-guyed

                     Co-Location:   To attach or mount communication on existing structures

                       such as communication towers or tall commercial occupancy buildings.

                     Height of communication towers:   The vertical distance measured from

                     the ground level to the highest point on a communications tower, including

                     antennas mounted on the tower

                     Cellular Equipment:   Mechanical, electrical, electronic and

                      telecommunication apparatus and devices used in conjunction with cellular

                      communication.   This definition shall not include structures supporting

                      such equipment.

       ADD to the definition of Essential Services the following sentence: ….

                      This definition shall not apply to cellular towers and equipment  

3]    ADD to Table 306.10 

                                    U- University District

                                      Special Exception

                        Add → Cellular Towers    (308.50) 

4]   308.50 (new)   Cellular Communication Equipment

The placement of communication towers and equipment within the Borough boundaries may cause a nuisance and/or a hazard and must therefore be carefully regulated. 

Co-location of cellular communication equipment on existing commercial buildings and on existing public utility structures is the preferred solution and is encouraged over tower construction.

The co-location of cellular equipment on existing towers and commercial occupancy buildings shall be a Permitted Use provided that the height of the structure is not increased.  The antennae and the fasteners may extend above the existing supporting structure but not more than 20 feet.   

Applications that would result in an increase of structure height shall be treated as a Special Exception and shall be reviewed by the Zoning Hearing Board.   

        The following regulations and standards shall apply to new cellular towers:

            1]   Cellular towers shall be allowed as a Special Exception in the University (U)

District and shall be reviewed for approval or denial by Zoning Hearing Board through the application process for such use.

2]   The applicant for the construction of a new tower must demonstrate thru written documentation that co-location on existing structures is not technically feasible. This documentation shall be prepared, signed and stamped by a qualified registered professional engineer specializing in cellular communication.  

            3]    Tower height is limited to 150’

            4]    Mono pole / guy less design is encouraged unless technical

                   documentation supports the need for guy wires

            5]    If guys are used they shall anchor on the same property as the tower property

                   or lease line

            6]    The tower shall be located at least 500’ from any residential use structure

            7]    The minimum setback dimension from all property lines shall be that equal to

                    or exceeding the height of the tower

            8]     Each tower site shall provide at least two (2) paved parking spaces for service vehicles.

            9]     Equipment structures and buildings shall meet all other dimensional, height

                    and setback requirements for accessory structures as stated in this ordinance.

                    They shall be limited to 400 sq ft in area

            10]   Fencing and other security measures are permitted as required by United

                    States Homeland Security and other federal agency requirements

            11]    Lighting and color schemes shall be regulated by the Federal Aviation

                     Administration.

The Borough of Edinboro hereby ORDAINS and ENACTED on this __DRAFT______ day of _DRAFT_______, 2010, by Council of The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.