A. Application requirements.
With the permit application, the applicant shall list the location of every tower, building, or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another tower owned by another person within such area is technically suitable, the applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant or reciprocal terms within the Borough, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. The Borough Administrator shall determine specific application requirements from time to time. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.
B. Cessation of use.
(1) All providers utilizing towers shall present a report to the Borough notifying it of any tower facility located in the Borough whose use will be discontinued and the date the use will cease. Such report shall be filed with the Borough 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Borough Manager (or their designee) may declare the facility abandoned. The 180-day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility and of the property will receive written notice from the Borough Manager (or their designee) and be instructed to either reactivate use of the facility within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Borough will either remove the facility or will contract to have the facility removed and assess the costs to the private property owner.
(2) The Borough must provide the wireless telecommunication facility owner and the private property owner 30 days’ notice and an opportunity to be heard before the Zoning Hearing Board before initiating such action. After such notice has been provided, the Borough shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
(3) The Borough shall provide the wireless telecommunication facility owner and the private property owner with the right to a public hearing before the Zoning Hearing Board. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(4) After a public hearing is held pursuant to Subsection B(3), the Borough may order the abatement or demolition of the tower. The Borough may require the private property owner to pay for all expenses necessary to acquire or demolish the tower.
