Borough of Chambersburg, PA Wireless Communications Facilities

Promote the health, safety, and welfare of Borough residents and businesses with respect to wireless communications facilities;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;

(4)

Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(5)

Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

(6)

Protect Borough residents from potential adverse impacts of wireless communications facilities; and

(7)

Update the Borough's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

§ 300-173 General requirements for all facilities.

[Amended 12-13-2021 by Ord. No. 2021-14]

The following regulations shall apply to all WCFs, except for WCFs within the right-of-way that qualify as "small wireless facilities," as defined in and as governed by Article XXX of this chapter:

Standard of care. Any WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Wind. All WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

Aviation safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Removal. In the event that use of a WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

All unused or abandoned WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF and/or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include but not be limited to the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. No person shall be issued a permit to own or operate a WCF unless and until the owner or operator executes a WCF indemnification agreement in a form as adopted by the Borough from time to time.

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Chapter 300. The applicant and/or owner of the WCF shall establish an escrow deposit to cover the costs of any consultant(s) and/or expert(s) hired to assist the Borough in reviewing and evaluating the application for approval of the WCF. The amount of the escrow deposit is directed to be established from time to time by resolution of the Mayor and Town Council.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this Chapter 300 and any other provisions found within the Code of the Borough of Chambersburg. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Permit required. Applicants proposing a new WCF or the modification of an existing WCF shall obtain a land use permit from the Borough Zoning Officer in accordance with § 300-98.

Timing of approval. A land use permit for a WCF shall be issued or refused in writing by the Zoning Officer within 15 business days after completed application is filed.

§ 300-174 General requirements for all non-tower facilities.

[Amended 12-13-2021 by Ord. No. 2021-14]

The following regulations shall apply to all non-tower WCFs, except for non-tower WCFs within the right-of-way that qualify as "small wireless facilities," as defined in and as governed by Article XXX of this chapter:

Insurance: As a condition precedent to the operation of a non-tower WCF, each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF and naming the Borough as an additional insured on each insurance policy set forth herein. In the event that said insurance policy is canceled, expired, or ceases to exist for any other reason whatsoever, and the owner or operator of the WCF fails to provide replacement insurance policy, as required herein prior to the cancellation, expiration or cessation of existence, the non-tower WCF use must cease immediately and be removed immediately.

§ 300-175 Non-tower facilities outside rights-of-way.

The following additional regulations shall apply to non-tower WCFs outside the ROW:

Development regulations. Non-tower WCFs outside the ROW shall be co-located on existing structures or buildings.

Non-tower WCFs outside the ROW cannot exceed the maximum height permitted in the underlying zoning district.

Ground-mounted related telecommunications equipment greater than three cubic feet shall not be located within 25 feet of any lot line in a residential zoning district.

§ 300-176 General requirements for all tower-based facilities.

[Amended 12-13-2021 by Ord. No. 2021-14]

The following regulations shall apply to all tower-based WCFs, except for tower-based WCFs within the right-of-way that qualify as "small wireless facilities," as defined in and as governed by Article XXX of this chapter:

Surrounding environs. The WCF applicant shall submit a report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Additional telecommunications antenna. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate telecommunications antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional telecommunications antenna without obtaining a land use permit.

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 195 feet, as measured vertically from the ground level to the highest point on the structure, including telecommunications antenna and subsequent alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height. Any tower-based WCF over 45 feet in height, which is not located in the public ROW, shall be equipped with an anticlimbing device, as approved by the manufacturer.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage shall be permitted, except for that required by the FCC, FAA, or other governmental body.

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Borough of Chambersburg, except in emergency situations requiring the use of a backup generator.

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this Chapter 300. Co-location on nonconforming tower-based WCFs and/or wireless support structures is permitted.

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Insurance. Each person that owns or operates a tower-based WCF greater than 45 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF and naming the Borough as an additional insured for each insurance policy. Each person that owns or operates a tower-based WCF 45 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF and naming the Borough as an additional insured under each insurance policy. In the event that said insurance policy is canceled, expired, or ceases to exist for any other reason whatsoever, and the owner or operator of the WCF fails to provide replacement insurance policy, as required herein prior to the cancellation, expiration or cessation of existence, the tower-based WCF use must cease immediately and be removed immediately.

Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Financial security. Prior to receipt of a permit for the construction or placement of a tower-based WCF, the applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed or the Borough will utilize the security to remove the tower-based WCF. Said financial security shall be subject to annual adjustment to insure that it adequately covers the cost of removal of the tower-based WCF. In the event that said financial security is terminated, expires or ceases to exist for any other reason, and the owner or operator of the WCF fails to provide replacement financial security, as required herein prior to the cancellation, expiration or cessation of existence, the tower-based WCF use must cease immediately and be removed immediately.

§ 300-177 Tower-based facilities outside rights-of-way.

The following additional regulations shall apply to tower-based WCFs outside the ROW:

Development regulations.

Sole use on a lot. A tower-based WCF outside the ROW shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum lot area of the zoning district in which it is located.

Combined with another use. A tower-based WCF outside the ROW may be permitted on a lot with an existing use, or on a vacant lot in combination with another use, except residential, subject to the following conditions:

(a)

The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.

(b)

The minimum lot area shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF outside the ROW and guy wires, the equipment building and security fence if the proposed WCF is greater than 45 feet in height.

Special exception criteria. Any applicant proposing the construction of a new tower-based WCF outside the ROW shall present testimony and evidence to the Borough Zoning Hearing Board, in accordance with § 300-134 of the Code of the Borough of Chambersburg, in support of the following requirements:

The applicant shall demonstrate that the tower-based WCF outside the ROW will be located at least 500 feet from any Low-Density Residential and Moderate-Density Residential Zoning District boundary.

The applicant shall demonstrate that the tower-based WCF outside the ROW is the minimum height necessary for the service area.

The applicant shall demonstrate that the tower-based WCF outside the ROW must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

(4)

Where the tower-based WCF outside the ROW is located on a lot with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed WTF and that vehicular access will be provided to the proposed facility.

(5)

A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCFs outside the ROW greater than 45 feet in height, as well as guy wires, or any building housing WCF equipment.

(6)

An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs outside the ROW over 45 feet in height. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

§ 300-178 Tower-based facilities in rights-of-way.

[Amended 12-13-2021 by Ord. No. 2021-14]

The following regulations shall apply to tower-based WCFs in the ROW, except for tower-based WCFs within the right-of-way that qualify as "small wireless facilities," as defined in and as governed by Article XXX of this chapter:

Co-location. Tower-based WCFs in the ROW shall be co-located on utility, streetlight or traffic signal poles owned by the Borough. Tower-based WCFs in the ROW are prohibited in any zoning district where there are underground electric utilities and no utility poles owned by the Borough; however, tower-based WCFs in the ROW are permitted to be co-located on streetlight and traffic signal poles owned by the Borough where there are underground electric utilities and no utility poles owned by the Borough. If co-location is not technologically feasible, tower-based WCFs in the ROW shall be monopole structures except where there are underground electric utilities and no utility poles owned by the Borough. An agreement between the Borough and WCF applicant shall be established to ensure compliance with this chapter as well as any other pertinent Borough regulations.

Design regulations.

Tower-based WCFs in the ROW shall not exceed 45 feet in height.

Any proposed tower-based WCFs in the ROW shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's telecommunications antenna and comparable telecommunications antennas for future users.

Equipment location. Tower-based WCFs in the ROW and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

Any underground vaults related to tower-based WCFs in the ROW shall be reviewed and approved by the Borough.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an "emergency," which shall be defined as a condition that 1) constitutes a clear and immediate danger to the health, safety and welfare of the public, or 2) has caused or is likely to cause a tower-based WCF in the ROW to be unusable and result in loss of the services provided, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;