[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
The Telecommunications Act of 1996 affirmed the Borough's
authority concerning the placement, construction and modification
of wireless telecommunications facilities. The Borough finds that
wireless telecommunications facilities may pose significant concerns
to the health, safety, public welfare, character and environment of
the Borough and its inhabitants. The Borough also recognizes that
facilitating the development of wireless service technology can be
an economic development asset to the Borough and of significant benefit
to the Borough and its residents. In order to insure that the placement,
construction or modification of wireless telecommunications facilities
is consistent with the Borough's land use policies, the Borough
is adopting a single, comprehensive, wireless telecommunications facilities
application and permit process. The intent of this Part is to minimize
impact of wireless telecommunications facilities, establish a fair
and efficient process for review and approval of applications, assure
an integrated, comprehensive review of the visual and environmental
impacts of such facilities, and protect the health, safety and welfare
of the Borough of Hatboro.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
For purposes of this Part, and where not inconsistent with the
context of a particular section, the defined terms, phrases, words,
abbreviations, and their derivations shall have the meaning given
in this section. When not inconsistent with the context, words in
the present tense include the future tense, words used in the plural
number include words in the singular number and words in the singular
number include the plural number.
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities
including, but not limited to, utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Any wireless service provider submitting an application for
a permit for wireless telecommunications facilities.
All necessary and appropriate documentation that an applicant
submits in order to receive a permit for wireless telecommunications
facilities.
Disguising a tower or wireless telecommunications facility
so as to make it less visually obtrusive and not recognizable to the
average person as a wireless telecommunications facility.
The use of an existing tower or structure to support antenna
for the provision of wireless services.
The inability to perform an act on terms that are reasonable
in commerce; the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be "commercial impracticable" and shall not render an act or the
terms of an agreement "commercially impracticable."
The Borough Council of Hatboro.
The Commonwealth of Pennsylvania.
An application that contains all information and/or data
required by this Part and necessary to enable an informed decision
to be made with respect to an application.
A technology using antenna combining technology allowing
for multiple carriers or wireless service providers to us the same
set of antennas.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a tower or structure, the distance measured
from the pre-existing grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightening
protection device.
The addition, removal or change of any of the physical and
visually discernible components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernible
components, vehicular access, parking and/or an upgrade or change-out
of equipment for better or more modern equipment. Adding a new wireless
carrier or service provider to a telecommunications tower or telecommunications
site as a co-location is a modification. A modification shall not
include the replacement of any components of a wireless facility where
the replacement is identical to the component being replaced or for
any matters that involve the normal repair and maintenance of a wireless
facility without adding, removing or changing anything.
Anything that is technically required for the wireless service
to be provided primarily and essentially within the Borough of Hatboro
and creates the least physical and visual impact. This does not necessarily
mean the internal design standards of the applicant, as companies'
standards can vary greatly and normally reflect preferences. Rather,
need relates to the ability of the user-equipment to function as designed.
Nonionizing electromagnetic radiation.
The official document by which an applicant is allowed to file for a building permit to construct and use wireless telecommunications facilities as granted or issued by the Borough of Hatboro. A permit issued under authority of this Part shall constitute a conditional use permit and shall be subject to the permit requirements specified in Part 22 of this chapter.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
The same meaning as defined and used in the 1996 Telecommunications
Act.
The replacement or repair of any components of a wireless
facility where the replacement is identical to the component being
replaced or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernible components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
To minimize adverse aesthetic and visual impacts on the land,
property, buildings and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of a wireless
telecommunications facility, which shall mean using the least visually
and physically intrusive facility that is not technologically impracticable
under the facts and circumstances. Stealth technology expressly includes
such technology as DAS or its functional equivalent.
See definition for "wireless telecommunications facilities."
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this
Part, something intended to, or that does, exist for fewer than 90
days.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
Includes a "telecommunications site" and "personal wireless
facility." It means a structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting
or receiving devices. This includes without limit, towers of all types,
kinds and structures, including, but not limited to, buildings, church
steeples, silos, water towers, signs or other structures that can
be used as a support structure for antennas or the functional equivalent
of such. It further includes all related facilities and equipment
such as cabling, equipment shelters and other structures associated
with the site. It is a structure and facility intended for transmitting
and/or receiving radio, television, cellular, SMR, paging, 911, personal
communications services (PCS), commercial satellite services, microwave
services and any commercial wireless telecommunication service not
licensed by the FCC.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
In order to ensure that the placement, construction, and modification
of wireless telecommunications facilities protects the Borough's
health, safety, public welfare, environmental features, the nature
and character of the community and neighborhood and other aspects
of the quality of life specifically listed elsewhere in this Part,
the Borough hereby adopts an overall policy with respect to any permit
issued for wireless telecommunications facilities for the express
purpose of achieving the following goals:
A.
Requiring a conditional use permit for any new, co-location or modification
of a wireless telecommunications facility.
B.
Implementing an application process for person(s) or entities seeking
a permit for wireless telecommunications facilities.
C.
Establishing a policy for examining an application and issuing a
permit for wireless telecommunications facilities that is both fair
and consistent.
D.
Promoting and encouraging, wherever possible, the sharing and/or
co-location of wireless telecommunications facilities among service
providers.
E.
Requiring, promoting and encouraging, wherever possible, the placement,
height and quantity of wireless telecommunications facilities in such
a manner including, but not limited to, the use of stealth technology,
as to minimize adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally
the same area as the requested location of such wireless telecommunications
facilities.
F.
In granting a permit, the Borough has found that the facility shall
be the most appropriate site as regards being the least visually intrusive
among those available in the Borough.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of a wireless telecommunications facility as of the effective date of this Part without having first obtained a permit for a wireless telecommunications facility as defined in § 27-1702 of this chapter. Notwithstanding anything to the contrary in this section, no permit shall be required for those noncommercial exceptions noted in this section, unless deemed in the public interest by the Borough of Hatboro.
2.
If constructed as required by a permit, all legally permitted wireless
telecommunications facilities that existed on or before the effective
date of this Part shall be allowed to continue as they presently exist;
provided, however, that any visible modification of an existing wireless
telecommunications facility will require the complete facility and
any new installation to comply with this Part, as will anything changing
the structural load.
3.
Any repair and/or maintenance of a wireless facility shall not require
an application for a permit. However, no additional construction or
site modification shall be permitted.
4.
Notwithstanding any other provisions of this section and all subparts
thereof, the co-location and/or shared use of antennas on existing
telecommunication towers or other tall structures or compatible use
structures, such as utility poles, water towers, and other towers,
shall be exempt from the public hearing requirement otherwise required
for a tower, and shall be subject only to an administrative review
process by the Borough and its designee.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The following shall be exempt from this Part:
A.
The Borough's fire or other public service facilities owned
and operated by the Borough.
B.
Any facilities expressly exempt from the Borough's siting, building
and permitting authority.
C.
Over-the-air reception devices including the reception antennas for
direct broadcast satellites (DBS), multi-channel multipoint distribution
(wireless cable) providers (MMDS), television broadcast stations (TVBS)
and other customer-end antennas that receive and transmit fixed wireless
signals that are primarily used for reception, but not including microwave
dishes.
D.
Facilities used exclusively for private, noncommercial radio and
television reception and private citizen's bands, licensed amateur
radio and other similar noncommercial telecommunications.
E.
Facilities used exclusively for providing very low powered unlicensed
spread spectrum technologies, such as IEEE 802.11a, b, g services
(e.g., Bluetooth) where the facility does not require a new tower,
but not including facilities used commercially.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
Applicants for wireless telecommunications facilities shall locate,
site and erect said wireless telecommunications facilities in accordance
with the following priorities, one being the highest priority and
five being the lowest priority:
A.
On existing towers or other structures on Borough-owned property
or Borough-owned facilities that already contain fewer than five existing
antenna arrays or other wireless facilities and without increasing
the height.
B.
On existing towers that already contain fewer than five existing
antenna arrays or other wireless facilities and without increasing
the height.
C.
On existing structures in areas zoned HI, HI-MU or LI that already
contain fewer than five existing antenna arrays or other wireless
facilities without increasing the height of the structure.
D.
On new towers or structures in areas zoned HI, HI-MU or LI.
E.
On existing utility poles in any area of the Borough without surpassing
the existing height of the pole by more than six feet.
2.
If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation and justification must be provided
as to why a site of all higher priority designations was not selected.
3.
An applicant may not by-pass sites of higher priority by stating
the site proposed is the only site leased or selected or because there
is an existing lease with a landowner. An application shall address
co-location as an option. Agreements between providers limiting or
prohibiting co-location shall not be a valid basis for any claim of
hardship.
4.
Notwithstanding the above, the Borough may approve any site located
within an area in the above list of priorities, provided that the
Borough finds that the proposed site is in the best interest of the
health, safety and welfare of the Borough and its inhabitants and
will not have a deleterious effect on the nature and character of
the community and neighborhood. Conversely, the Borough may direct
that the proposed location be changed to another location that is
more in keeping with the goals of this Part and the public interest
as determined by the Borough.
5.
The applicant shall submit to the Borough a detailed written report
demonstrating the applicant's review of the above locations in
order of priority, demonstrating the technological reason for the
site selection.
6.
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Borough may
disapprove an application for any of the following reasons:
A.
Conflict with safety and safety-related codes and requirements.
B.
Conflict with the historic nature or character of a neighborhood
or district.
C.
The use or construction of wireless telecommunications facilities
that is contrary to an already stated purpose of a specific zoning
or land use designation.
D.
The placement and location of wireless telecommunications facilities
that would create an unacceptable risk, or the reasonable probability
of such, to residents, the public, employees and agents of the Borough,
or employees of the service provider or other service providers.
E.
The placement and location of a wireless telecommunications facility
that would result in a conflict with or compromise in or change the
nature or character of the surrounding area.
F.
Conflict with the provisions of this Part or other applicable laws,
ordinances, codes and regulations.
G.
Failure to submit a complete application as required under this Part.
H.
Conflict with the health, safety and welfare of the Borough and its
inhabitants.
7.
The Borough may require the relocation of a proposed site, or may
require the use of more than one site to provide substantially the
same service if the relocation would result in a less intrusive facility
or facilities, singly or in combination.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The Borough requires wireless facilities to be located on existing
towers or other suitable structures without increasing the height
of the Tower or structure, as opposed to the construction of a new
tower. The applicant shall submit a comprehensive report inventorying
all existing towers and other suitable structures within one mile
of the location of any proposed new tower.
2.
An applicant intending to locate on an existing tower or other suitable
structure shall be required to submit proof of an agreement with the
existing owner to permit its use by the applicant.
3.
To minimize the profile of the array, such shared use shall consist
only of the minimum antenna array, including the minimum size technologically
required to provide service within the Borough.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
All new towers shall be of the monopole type. No new towers of a
lattice or guyed type shall be permitted, unless relief is otherwise
expressly granted.
2.
The applicant shall submit documentation justifying the technical
need by the service provider for the total height of any tower, facility
or antenna requested and the basis therefor. To enable verification
of the need for the requested height, documentation in the form of
propagation studies shall include all data used to produce the studies
at the height requested and at a minimum of 10 feet lower height.
Such documentation will be analyzed in the context of the justification
of the height needed to provide service primarily and essentially
within the Borough.
3.
The maximum permitted total height of a new tower shall be 80 feet
above preconstruction ground level, unless it can be proven that such
height would prohibit the provision of service in the intended service
area. The maximum permitted height is not as-of-right height, but
rather the maximum permitted height, absent proof of the technological
need for a greater height.
4.
Notwithstanding the 80 feet maximum permitted height, telecommunications
towers and facilities shall be no taller than the minimum height technologically
necessary to enable the provision of wireless service coverage or
capacity as needed primarily and substantially within the Borough.
5.
Spacing or the distance between towers shall be such that the service
may be provided without exceeding the maximum permitted height.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
Wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by applicable federal rules
and regulations.
2.
Camouflage. To the extent not commercially impracticable, all new
wireless telecommunications facilities including, but not limited
to, towers, shall utilize camouflage techniques and technology.
3.
Dual Mode. In order to minimize the number of antenna arrays and
their visual impact, the Borough may require the use of dual mode
antennas.
4.
Tower Finish/Color. Towers shall be galvanized or painted with a
rust-preventive paint of an appropriate color to be determined by
the Borough and shall be maintained in accordance with the requirements
of this Part and, if applicable, federal rules and regulations.
5.
Flush Mounting. All new or replacement antennas, except omnidirectional
whip antennas, shall be flush-mounted on any tower or other structure
or as close to flush-mounted as is technically feasible.
6.
Placement on Building-Facie. If attached to a building, all antennas
shall be mounted on the facie of the building and camouflaged so as
to match the color and, if possible, texture of the building, or in
a manner so as to make the antennas as visually innocuous and undetectable
as is possible.
7.
Lighting. If lighting is required, the applicant shall provide a
detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under Commonwealth of Pennsylvania and
federal regulations. For any wireless facility for which lighting
is required under the FAA's regulations, or that for any reason
has lights attached, all such lighting shall be affixed with technology
that enables the light to be seen as intended from the air, but that
prevents the ground scatter effect so that it is not able to be seen
from the ground to a height of at least 12° vertical for a distance
of at least one mile in a level terrain situation.
8.
In the event a tower that is lighted is modified, at the time of the modification the Borough may require that the tower be retrofitted with the technology set forth in the preceding Subsection 7.
9.
Existing towers that are lighted shall comply with the requirements
of this section upon any modification to the tower.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
All wireless telecommunications facilities and antennas shall be
located, fenced or otherwise secured in a manner that prevents unauthorized
access. Specifically:
A.
All antennas, towers and other supporting structures, including guy
anchor points and wires, shall be made inaccessible to the public.
B.
Transmitters and telecommunications control points shall be installed
in such a manner that they are readily accessible only to persons
authorized to operate or service them.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
Notwithstanding the provisions of Part 19 of this chapter, wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration shall also be installed. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
All proposed towers and any other proposed wireless telecommunications
facility attachment structures shall be set back from abutting parcels,
recorded rights-of-way and road and street lines by the following
distances: A distance equal to the height of the proposed tower or
wireless telecommunications facility structure plus 10% of the height
of the tower or structure, otherwise known as the fall zone, or the
existing setback requirement of the underlying zoning district, whichever
is greater. Any accessory structure shall be located so as to comply
with the applicable minimum setback requirements for the property
on which it is situated. The fall zone or setback shall be measured
from the nearest portion of the right-of-way of any public road or
thoroughfare and any occupied building or domicile.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
Applicant shall deposit with the Borough funds (the "escrow account")
as set forth in the fee schedule of the Borough. If at any time the
escrow account falls below the required amount, all work shall immediately
cease until the applicant is authorized by the Borough to continue.
Any unused balance in the escrow account, as determined by the Borough,
shall be refunded to applicant at the conclusion of the project.
2.
The Borough may hire any consultant or expert necessary to assist
the Borough in reviewing and evaluating the application, including
the construction and modification of the site, once permitted, and
any site inspections.
3.
A 10% administrative charge shall be added to all applicable fees
and deducted from the escrow account. The initial deposit shall be
as set forth in the Borough's fee schedule but shall be no less
than $6,500. Submission of the initial escrow to the Borough shall
precede the pre-application meeting or any work being done.
4.
The Borough's consultants/experts shall invoice the Borough
for their services in relation to the application. If at any time
during the process the escrow account has a balance less than one-third
of the initial deposit, and the Borough determines that costs may
run in excess of the unused portion, the applicant shall immediately,
upon notification by the Borough, replenish said escrow account so
that it has a balance of at least two-thirds of the initial deposit.
Upon notification to the applicant of the need to replenish the escrow
account, such additional escrow funds shall be deposited with the
Borough before any further action or consideration is taken on the
application. In the event that the amount held in the escrow account
is more than the amount of the actual invoicing at the conclusion
of the project, the remaining balance shall be promptly refunded to
the applicant upon request.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
Prior to the approval of any application for a permit for a new tower or for any facility that increases the height of the structure to which it is to be attached, a public hearing shall be held by the Borough, and public notice shall be given in accordance with the provisions of Part 22 of this chapter and applicable provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq. In addition to the notice requirements of Part 22, the applicant shall notify all landowners within 1,000 feet of any property line of the lot or parcel on which the new wireless telecommunications facilities are proposed to be located and the application shall contain the names and address of all such landowners. Such notification shall be by U.S. Mail no less than 30 calendar days prior to the scheduled date of the public hearing. In addition, the applicant shall post the public notice at the subject property no less than 30 calendar days prior to the scheduled date of the public hearing, indicating the date, time and location of the public hearing.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The Borough may refer any application or part thereof to any advisory
or other committee for a nonbinding recommendation.
2.
After the public hearing and after formally considering the application,
the Borough may approve, approve with conditions, or deny a permit.
Its decision shall be in writing and shall comply with the requirements
of the Municipalities Planning Code, 53 P.S. § 10101 et
seq. The burden of proof for the grant of the permit shall always
be upon the applicant.
3.
If the Borough approves the permit for a wireless telecommunications
facility, then the applicant shall be notified of such approval in
writing in accordance with the Municipalities Planning Code, 53 P.S
§ 10101 et seq., and the permit shall be issued within 30
days after such approval. Except for necessary building permits, and
subsequent certificates of compliance, once a permit has been granted
hereunder, no additional permits or approvals from the Borough, such
as site plan approvals, shall be required by the Borough for the wireless
telecommunications facilities covered by the permit.
4.
If the Borough denies the permit for wireless telecommunications
facilities, then the applicant shall be notified of such denial in
writing in accordance with the Municipalities Planning Code, 53 P.S.
§ 10101 et seq.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The extent and parameters of a permit for wireless telecommunications
facilities shall be as follows:
A.
Such permit shall not be assigned, transferred or conveyed without
the express prior written notification to the Borough, such to be
received at least 30 calendar days prior to the assignment, transfer
or conveyance.
B.
The permit may be revoked, canceled, or terminated for a violation
of the conditions and provisions of the permit, or for a material
violation of this Part or other applicable law, rule or regulation,
in accordance with the provisions of this chapter and the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
C.
Notice of a violation shall be provided to the last known address
of the holder of the permit and in accordance with this chapter and
the Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
At the time that a person submits an application for a wireless
telecommunications permit, such person shall pay a nonrefundable application
fee set forth in the Borough's fee schedule as may be amended
or changed from time to time.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The nonrefundable application fee for attaching to an existing tower
or other structure without increasing the height shall be as set forth
in the Borough's schedule of fees but no less than $6,500.
2.
An application for a new tower or to increase the height of an existing
tower may not be made solely by the owner or manager of the structure.
Such an application must be made jointly with a carrier who can prove
the need for the new tower or the need to increase the height of an
existing tower and the technical need for the height requested based
on the technical requirements of the equipment and not necessarily
the design criteria established by the applicant.
3.
All applicants for a permit for wireless telecommunications facilities
or any modification of such facility shall comply with the requirements
set forth in this Part. The Borough Council is the officially designated
agency or body of the Borough to whom applications for a permit for
wireless telecommunications facilities must be made, and that is authorized
to review, analyze, evaluate and make decisions with respect to granting
or not granting or revoking permits for wireless telecommunications
facilities. The Borough may at its discretion delegate or designate
the Borough Planning Commission or other official agencies or officials
of the Borough or expert consultants to accept, review, analyze, evaluate
and make recommendations to the Borough Council with respect to the
granting or not granting or revoking permits for wireless telecommunications
facilities.
4.
All applicants shall follow the instructions for preparing an application
that shall be provided prior to the submittal of an application, or
at any time upon request. Not following the instructions without permission
to deviate from such may result in the application being returned
without action and forfeiting the application fee, but not the escrow
deposit.
5.
When placing wireless facilities on government-owned property or
facilities, only noncommercial wireless carriers and users are exempt
from the permitting requirements of this Part.
6.
The Borough may reject applications not meeting the requirements
stated herein or which are otherwise not complete.
7.
No wireless telecommunications facilities shall be installed, constructed
or modified until the application is reviewed and approved by the
Borough, and the conditional use permit and building permit have been
issued.
8.
An application for a permit for wireless telecommunications facility
shall be signed on behalf of the applicant by the person preparing
the same or otherwise authorized to sign the application on the applicant's
behalf, and with knowledge of the contents and representations made
therein and attesting to the truthfulness and completeness of the
information.
9.
The applicant must provide documentation to verify it has the right
to proceed as proposed on the site. This requires an executed copy
of the lease with the landowner or landlord or a signed letter of
agency acknowledging authorization. If the applicant owns the site,
a copy of the deed shall be provided with the application.
10.
The applicant shall include a statement in writing:
A.
That the applicant's proposed wireless telecommunications facilities
shall be maintained in a safe manner, and in compliance with all conditions
of the permit, without exception, unless specifically granted relief
by the Borough in writing, as well as all applicable and permissible
local codes, ordinances, and regulations, including any and all applicable
Borough, commonwealth and federal laws, rules, and regulations.
B.
That the construction of the wireless telecommunications facilities
is legally permissible including, but not limited to, the fact that
the applicant is authorized to do business in the Commonwealth of
Pennsylvania.
11.
Where a certification is called for in this Part, such certification
shall bear the signature and seal of a professional engineer licensed
in the Commonwealth of Pennsylvania.
12.
In addition to all other required information as stated in this Part,
all applications for the construction or installation of new wireless
telecommunications facilities or modification of an existing facility
shall contain the following information.
13.
The applicant shall provide proof of need for the proposed facility,
as follows:
A.
A detailed narrative description and explanation of the specific
objective(s) for the new facility, or the modification of an existing
wireless facility, expressly including and explaining the purpose
and need for the facility, such as coverage and/or capacity needs
or requirements, and the specific geographic area of intended coverage.
B.
Technical documentation that proves the need for the wireless telecommunications
facility to provide service primarily and essentially within the Borough.
Such documentation shall include propagation studies of the proposed
site and all adjoining planned, proposed or existing sites, that demonstrates
a significant gap in coverage and/or, if a capacity issue is involved
the application shall include an analysis of the current and projected
usage (traffic studies) using generally accepted industry methods
and standards so as to conclusively prove the need for what is proposed.
A desire to change, upgrade, or improve the technology or the service
shall not be deemed a need in the context of this Part.
C.
All of the modeling information (i.e., data) inputted into the software
used to produce propagation studies including, but not limited to,
any assumptions made, such as ambient tree height as represented by
a propagation study data form provided by the Borough or its designee.
D.
If necessary to prove the need for the proposed facility, e.g., a
disagreement between the Borough and the applicant, a drive test or
actual call tests as prescribed by the Borough using accepted methodology
may be required.
E.
A copy of the FCC license applicable for the intended use of the
wireless telecommunications facility, as well as a copy of the five-
and ten-year build-out plan required by and filed with the FCC.
F.
The frequency, modulation and class of service of radio or other
transmitting equipment.
G.
The maximum transmission power capability of all radios, as designed,
if the applicant is a cellular or functional equivalent carrier, or
the maximum transmission power capability, as designed, of all transmission
facilities if the applicant is not a cellular or functional equivalent
carrier.
H.
The actual intended transmission power stated as the maximum effective
radiated power (ERP) both in dBm's and watts.
14.
The applicant shall provide the following information regarding ownership
and management:
A.
The name, address and phone number of the person preparing the application.
B.
The name, address, and phone number of the property owner and the
applicant, including the legal name of the applicant. If the owner
of the structure is different from the applicant, the name, all necessary
contact information and a copy of a lease or contractual agreement
shall be provided.
C.
The postal address and tax map parcel number of the property.
15.
The applicant shall provide the following information regarding zoning
and planning issues:
A.
The Zoning District or designation in which the property is situated.
B.
The size of the property on which the structure to be attached to
is located, stated both in square feet and lot line dimensions, and
a survey showing the location of all lot lines.
C.
The location, size and height of all existing and proposed structures
on the property on which the structure is located and that is the
subject of the application.
D.
If attaching to an existing tower, a site plan showing the vertical
rendition of the tower identifying all users and attachments to the
tower and all related fixtures, structures, appurtenances and apparatus,
including height above pre-existing grade, materials, color and lighting.
E.
If attaching to a building or other structure, a site plan showing
the proposed attachments and all related fixtures, structures, appurtenances
and apparatus, including height above the roof or balustrade, whichever
is appropriate.
F.
The azimuth, size and center line height location of all proposed
and existing antennas on the supporting structure.
G.
The number, type and model of the antenna(s) proposed, along with
a copy of the specification sheet(s) for the antennas.
H.
The type, locations and dimensions of all proposed and existing landscaping,
and fencing.
I.
The number, type and design of the telecommunications tower(s) and
antenna(s) proposed and the basis for the calculations of the telecommunications
tower's capacity to accommodate multiple users.
J.
The applicant shall disclose in writing any agreement in existence
prior to submission of the application that would limit or preclude
the ability of the applicant to share any new telecommunication tower
that it constructs.
16.
The applicant shall provide the following information relating to
safety:
A.
If attaching to an existing tower, the age of the tower in years,
including the date of the grant of the original permit or authorization
for the tower.
B.
If attaching to an existing tower, a description of the type of tower,
e.g., guyed, self-supporting lattice or monopole.
C.
If attaching to an existing tower, the make, model, type and manufacturer
of the tower and the structural design calculations, certified by
a professional engineer licensed in the Commonwealth of Pennsylvania,
proving the tower's capability to safely accommodate the facilities
of the applicant without change or modification.
D.
If any change or modification of the tower or other structure to
be attached to is needed, a detailed narrative explaining what changes
are needed, why they are needed and who will be responsible to assure
that the changes are made.
E.
If the structure proposed to be attached to is a tower that has not
previously been permitted under this Law, or unless the applicant
can provide proof that this was provided at the time of the initial
application for the tower or other structure, the applicant shall
provide a copy, certified by a professional engineer licensed to do
business in the Commonwealth of Pennsylvania and bearing that engineer's
currently valid stamp, of the installed foundation design, as well
as a geotechnical sub-surface soils investigation, evaluation report
and foundation recommendation for the tower site or other structure.
F.
For a guyed tower that is five years old or older, or for a nonguyed
tower that is three years old or older, a copy of the latest ANSI
report done pursuant to the latest edition of ANSI-EIA/TIA 222F-Annex
E for any self-supporting tower. If an ANSI report has not been done
or cannot be provided pursuant to the preceding schedule, an ANSI
inspection and report shall be done and submitted as part of the application.
No building permit shall be applied for or issued for any wireless
facility where the structure being attached to is in need of remediation,
unless and until all remediation work needed has been completed or
a schedule for the remediation work has been approved by the Borough.
G.
If not attaching to an existing tower, but to a different type of
structure, a structural report signed by a professional engineer licensed
to do business in the Commonwealth of Pennsylvania and bearing that
engineer's currently valid stamp, showing the structural adequacy
of the structure to accommodate the proposed wireless facility(s).
This report shall include any equipment shelter, unless the equipment
shelter is located on the lowest floor of a building.
H.
If attaching to a structure other than a tower, or to which the public
has or could reasonably have or gain access to, documentation shall
be provided, including all calculations, proving that the potential
exposure to RF radiation (i.e., NIER or nonion emitting radiation),
will be in compliance with the most recent Federal Communications
Commission regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an individual
may safely stand without being exposed to RF radiation in excess of
the FCC's permitted standards and any portion(s) of the structure
that would be exposed to RF radiation in excess of the FCC's
permitted standards. In compliance with the FCC's regulations,
in such an instance the RF Radiation from all wireless facilities
at that location shall be included in the calculations to show the
cumulative effect on any area of the building or structure deemed
accessible by the public or workers, including the area directly below
the antennas for any structure less than 33 feet above ground level.
Such report or analysis shall be signed and sealed by a professional
engineer licensed in the Commonwealth of Pennsylvania.
I.
In an instance involving a tower where the new wireless facilities
will be 33 feet or more above ground level, the FCC's "checklist
to determine whether a facility may be categorically excluded" shall
be provided to verify that the wireless telecommunication facility
with the proposed installation will be in full compliance with the
current FCC's RF emissions regulations. A complete RF emissions
study is required to enable verification of compliance, including
providing all calculations so that such may be verified.
J.
The Borough may deem it appropriate to have an RF survey of the facility
done after the construction or modification and activation of the
facility, with such to be done under the direction of the Borough
or its designee, and a copy of the survey provided, along with all
calculations.
K.
If any section or portion of the structure to be attached to is not
in compliance with the FCC's regulations regarding RF radiation,
that section or portion must be barricaded with a suitable barrier
to discourage approaching into the area in excess of the FCC's
regulations, and with yellow plastic chain and striped warning tape,
as well as signs appropriate to warn individuals of the potential
danger.
L.
A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services.
17.
The applicant will provide a written copy of an analysis, completed
by a qualified individual or organization, to determine if the proposed
new tower or existing structure intended to support wireless facilities
is in compliance with Federal Aviation Administration Regulation Part
77, as amended, and if it requires lighting. If this analysis determines
that an FAA determination is required, then all filings with the FAA,
all responses from the FAA and any related correspondence and other
documents shall be provided with the application.
18.
Application for new tower versus co-location that increases the height
or any other dimensions of the structure:
A.
In the case of a new tower, the applicant shall be required to submit
a written report documenting efforts used to secure shared use of
existing tower(s) or the use of alternative buildings or other structures
that are at or above the surrounding tree height or the tallest obstruction
and are within one mile of the proposed tower. Copies of written requests
and responses for shared use shall be provided to the Borough in the
application, along with any letters of rejection stating the reason
for rejection.
B.
In order to better inform the public, in the case of a new telecommunication
tower, the applicant shall hold a "balloon test" prior to the initial
public hearing on the application, in accordance with the following
provisions:
(1)
The applicant shall arrange to fly, or raise upon a temporary
mast, a minimum of a ten-foot in length brightly colored balloon at
the maximum height of the proposed new tower.
(2)
At least 14 days prior to the conduct of the balloon test, a
sign shall be erected so as to be clearly visible from the road nearest
the proposed site and shall be removed no later than 14 days after
the conduct of the balloon test. The sign shall be at least four feet
by eight feet in size and shall be readable from the road by a person
with 20/20 vision.
(3)
Such sign shall be placed off, but as near to, the public right-of-way
as is possible.
(4)
Such sign shall contain the times and date(s) of the balloon
test and the date, time and location of the required public hearing,
as well as a copy of the proposed site plan.
(5)
The date (including an alternate date, in case of poor visibility
or wind in excess of 15 mph on the initial date), times and location
of this balloon test shall be advertised by the applicant seven days
and 14 days in advance of the primary test date in a newspaper with
a general circulation in the Borough and as agreed to by the Borough.
The applicant shall inform the Borough in writing, of the dates and
times of the test, at least 14 days in advance. The balloon shall
be flown for at least four consecutive hours between 10:00 a.m. and
4:00 p.m. on the date chosen. The test shall be conducted on a weekend.
A report with pictures from various locations of the balloon shall
be provided with the application. The applicant shall provide proof
of publication of the notice to the Borough at the time of the public
hearing.
(6)
In addition to the advertisement required by the preceding section,
the applicant shall notify all property owners and residents located
within 1,500 of the applicant's property of the proposed construction
of the tower and wireless facility and of the date(s) and time(s)
of the balloon test. Such notice shall be in writing and shall be
provided at least 14 days prior to the conduct of the balloon test
and shall be delivered by U.S. Certified Mail. The applicant shall
provide evidence at the public hearing that the required notice was
received by all property owners and residents entitled to such notice.
C.
The tower shall be structurally designed to accommodate at least
five additional antenna arrays equivalent to those of the applicant
as regards the load and stress created on the tower, and located as
close to the applicant's antenna as possible without causing
interference. A claim of interference because of a need to have greater
than six feet of vertical clearance between facilities, measured from
the vertical center line of one array to the vertical center line
of another, must be proven by technical data and not merely verbal
or written assertions. This requirement may be waived, provided that
the applicant, in writing, demonstrates that the provisions of future
shared usage of the tower is not technologically feasible, based upon:
(1)
The kind of wireless telecommunications facilities site and
structure proposed.
(2)
Available space on existing and approved towers.
(3)
The need for more than six feet of vertical clearance between
antenna arrays, measured from the vertical center line of one array
to the vertical center line of another, such that there would not
be adequate vertical space to accommodate a total of four carriers.
D.
The owner of a proposed new tower, and his/her successors in interest,
shall negotiate in good faith for the shared use of the proposed tower
by other wireless service providers in the future, and shall:
(1)
Respond in writing, with a copy to the Borough, within 60 days
to a written request for information from a potential shared-use applicant.
(2)
Negotiate in good faith with a copy to the Borough concerning
future requests for shared use of the new tower by other telecommunications
providers.
(3)
Allow shared use of the new tower if another telecommunications
provider agrees in writing to pay reasonable charges based upon current
market rate. The charges may include, but are not limited to, a pro
rata share of the cost of site selection, planning, project administration,
land costs, site design, construction and maintenance financing, return
on equity, less depreciation, and all of the costs of adapting the
tower or equipment to accommodate a shared user without causing electromagnetic
interference.
(4)
Failure to abide by the conditions outlined above may be grounds
for revocation of the permit or other appropriate action.
19.
The applicant shall provide certification with documentation (i.e.,
structural analysis) including calculations that the telecommunication
facility tower and foundation and attachments, rooftop support structure,
water tank structure, or any other supporting structure as proposed
to be utilized are designed and will be constructed to meet all local,
state and federal structural requirements for loads, including wind
and ice loads and including, but not limited to, all applicable ANSI
(American National Standards Institute) guidelines.
20.
All applications for proposed wireless telecommunications facilities
shall contain a demonstration that the facility be sited so as to
create the least visual intrusiveness reasonably possible given the
facts and circumstances involved, and thereby have the least adverse
visual effect on the environment and its character, on existing vegetation,
and on the residences and their value in the area of the wireless
telecommunications facility. The borough expressly reserves the right
to require the use of camouflage technology and such shall be subject
to approval by the Borough of Hatboro.
21.
If the application is for a new tower, or a new antenna attachment
to an existing structure other than a tower, or for a modification
that noticeably changes the appearance or profile of the structure,
the applicant shall furnish a visual impact assessment, which shall
include:
A.
For a new tower, a computer generated "Zone of Visibility Map" may
be required at a minimum of one mile radius from the proposed structure
shall be provided to illustrate locations from which the proposed
installation may be seen, with and without foliage.
B.
Pictorial representations (photo simulations) of "before and after"
views from key viewpoints inside of the Borough including, but not
limited to, state highways and other major roads; state and local
parks; other public lands; historic districts; preserves and historic
sites normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or residents.
The applicant shall provide a map showing the locations of where the
pictures were taken and the distance(s) of each location from the
proposed structure.
C.
A written description of the visual impact of the proposed facility,
including, as applicable, the tower base, guy wires, fencing and accessory
buildings from abutting and adjacent properties and streets as relates
to the need or appropriateness of screening.
22.
The applicant shall demonstrate and provide in writing and by drawing
how it shall effectively screen from view the base and all related
equipment and structures of the proposed wireless telecommunications
facility.
23.
The wireless telecommunications facility and any and all accessory
or associated facilities shall maximize the use of building materials,
colors and textures designed to blend with the structure to which
it may be affixed and to harmonize with the natural surroundings.
This shall include the utilization of camouflage technology as may
be required by the Borough of Hatboro.
24.
All utilities at a wireless telecommunications facilities site shall
be installed underground.
25.
At a wireless telecommunications facilities site an access road,
turn around space and parking shall be provided to assure adequate
emergency and service access. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
26.
All wireless telecommunications facilities shall be constructed,
operated, maintained, repaired, provided for removal of, modified
or restored in strict compliance with all current applicable technical,
safety and safety-related codes adopted by the Borough, Commonwealth
of Pennsylvania, or United States including, but not limited to, the
most recent editions of the ANSI Code, National Electrical Safety
Code and the National Electrical Code, as well as accepted and responsible
workmanlike industry practices and recommended practices of the National
Association of Tower Erectors. In the event of a conflict between
or among any of the preceding the more stringent shall apply.
27.
A holder of a permit granted under this Part shall obtain, at its
own expense, all permits and licenses required by applicable law,
ordinance, rule, regulation or code, and must maintain the same, in
full force and effect, for as long as required by the Borough or other
governmental entity or agency having jurisdiction over the applicant.
28.
There shall be a pre-application meeting for all applications. The
purpose of the pre-application meeting will be to address issues that
will expedite the review and permitting process and certain issues
or concerns the Borough may have. A pre-application meeting shall
also include a site visit, if there has not been a prior site visit
for the requested facility. Costs of Borough consultants including,
but not limited to, engineering, legal, and wireless consultants,
to prepare for and attend the pre-application meeting will be borne
by the applicant and paid for out of the required escrow account.
29.
An applicant shall submit to the Borough the number of draft applications
determined to be needed at the pre-application meeting.
30.
The holder of a permit shall notify the Borough of any intended modification
of a wireless telecommunication facility and shall apply to the Borough
to modify, relocate or rebuild a wireless telecommunications facility.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The nonrefundable application fee for attaching to an existing tower
or other structure without increasing the height shall be as set forth
in the Borough's schedule of fees but no less than $6,500.
2.
An application to increase the height of a tower or other structure
shall be deemed a new tower and shall not qualify for treatment as
an attachment to an existing tower or other structure under this section.
3.
An application for a permit for attaching wireless telecommunications
facilities to an existing structure including, but not limited to,
cellular or PCS facilities and microwave facilities, shall contain
the following information and comply with the following requirements:
A.
Documentation shall be provided proving that the applicant has the
legal right to proceed as proposed on the site, including an executed
copy of the lease with the owner of the facility to which the proposed
wireless telecommunications facility will be attached, or a letter
of agency, showing the right of the applicant to attach to the structure.
4.
An application for attaching to an existing structure or for modifying
an existing facility without increasing the height or any other dimensions
of the structure shall contain the following information:
A.
With regard to proof of need for the proposed facility:
(1)
A detailed narrative description and explanation of the specific
objective(s) for the new facility, or the modification of an existing
wireless facility, expressly including and explaining the purpose
and need for the facility, such as coverage and capacity needs or
requirements, and the specific geographic area of intended coverage.
(2)
At the Borough's discretion, technical documentation that
proves the need for the wireless telecommunications facility to provide
service primarily within the Borough. Such documentation shall include
a propagation study of the proposed site and all adjoining planned,
proposed or existing sites, that demonstrates a significant gap in
coverage and, if a capacity issue is involved, to include an analysis
of the current and projected usage (traffic studies) using generally
accepted industry methods and standards so as to conclusively prove
the need for what is proposed. The Borough shall require the provision
of all technical or engineering data and information used by the applicant
to make its determination regarding the need for the facility or the
change to the existing facility.
(3)
At the Borough's discretion, all of the modeling information
(i.e., data) inputted into the software used to produce the propagation
studies, including, but not limited to, any assumptions made, such
as ambient tree height.
(4)
At the Borough's discretion, if necessary to prove the
need for what is requested, e.g., a disagreement between the Borough
and the applicant, a drive test or actual call tests as prescribed
by the Borough using accepted methodology may be required.
(5)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facility, as well as a copy of the
five- and ten-year build-out plan required by the FCC.
(6)
The frequency, modulation and class of service of radio or other
transmitting equipment.
(7)
The maximum transmission power capability of all radios, as
designed, if the applicant is a cellular or functional equivalent
carrier, or the maximum transmission power capability, as designed,
of all transmission facilities if the applicant is not a cellular
or functional equivalent carrier.
(8)
The actual intended transmission power stated as the maximum
effective radiated power (ERP), both in dBm's and watts.
B.
With regard to ownership and management:
(1)
The name, address and phone number of the person preparing the
application.
(2)
The name, address, and phone number of the property owner and
the applicant, including the legal name, address and phone number
of the applicant. If the owner of the structure is different than
the applicant, the name shall be provided.
(3)
The postal address and tax map parcel number of the property.
C.
With regard to issues relating to zoning and planning:
(1)
Zoning district in which the property is situated.
(2)
The size of the property on which the structure to be attached
to is located, stated both in square feet and lot line dimensions,
and a survey showing the location of all lot lines.
(3)
The location, size and height of all existing and proposed structures
on the property on which the structure is located and that is the
subject of the application.
(4)
If attaching to an existing tower, a site plan showing the vertical
rendition of the tower identifying all users and attachments to the
tower and all related fixtures, structures, appurtenances and apparatus,
including height above pre-existing grade, materials, color and lighting.
(5)
If attaching to a building or other structure, a site plan showing
the proposed attachments and all related fixtures, structures, appurtenances
and apparatus, including height above the roof or balustrade, whichever
is appropriate.
(6)
The azimuth, size and center line height location of all proposed
and existing antennae on the supporting structure.
(7)
The number, type and model of the antenna(s) proposed, along
with a copy of the specification sheet(s) for the antennas.
D.
With regard to safety issues:
(1)
If attaching to an existing tower, the age of the tower in years,
including the date of the grant of the original permit or authorization
for the tower.
(2)
If attaching to an existing tower, a description of the type
of tower, e.g., guyed, self-supporting lattice or monopole.
(3)
If attaching to an existing tower, the make, model, type and
manufacturer of the tower and the structural design calculations,
certified by a professional engineer licensed in the Commonwealth
of Pennsylvania, proving the tower's capability to safely accommodate
the facilities of the applicant without change or modification, taking
into account the geotechnical situation and the foundation design.
(4)
If any change or modification of the tower or other structure
to be attached to is needed, a detailed narrative explaining what
changes are needed, why they are needed and who will be responsible
to assure that the changes are made.
(5)
If the structure proposed to be attached to is a tower that
has not previously been permitted under this law, or unless the applicant
can provide proof that this was provided at the time of the initial
application for the tower or other structure, the applicant shall
provide a copy of the installed foundation design, as well as a geotechnical
sub-surface soils investigation, evaluation report and foundation
recommendation for the tower site or other structure.
(6)
If attaching to an existing tower, a copy of the latest ANSI
inspection report done pursuant to the latest edition of ANSI-EIA/TIA
222F-Annex E for any self-supporting tower that is five years old
or older or for any guyed tower that is three years old or older.
If an ANSI inspection report has not been done pursuant to the preceding
schedule, an ANSI report shall be done and submitted as part of the
application.
(7)
If not attaching to an existing tower, a structural report signed
by a professional engineer licensed to do business in the Commonwealth
of Pennsylvania and bearing that engineer's currently valid stamp,
showing the structural adequacy of the structure to accommodate the
proposed wireless facility(s), including any equipment shelter, unless
the equipment shelter is located on the ground or on the lowest floor
of a building.
(8)
If attaching to a structure, other than a tower, to which the
public has or could reasonably have or gain access to, documentation,
including all calculations, proving that the potential exposure to
RF radiation (i.e., NIER or nonion emitting radiation), will be in
compliance with the most recent Federal Communications Commission
regulations governing RF radiation and exposure thereto, and further
denoting the minimum distance from any antennas an individual may
safely stand without being exposed to RF radiation in excess of the
FCC's permitted standards and any portion(s) of the structure
that would be exposed to RF radiation in excess of the FCC's
permitted standards. In compliance with the FCC's regulations,
in such an instance the RF radiation from all wireless facilities
shall be included in the calculations to show the cumulative effect
on any area of the building or structure deemed accessible by the
public. Such report or analysis shall be signed and sealed by a professional
engineer licensed in the Commonwealth of Pennsylvania.
(9)
In an instance on a tower where the new wireless facilities
will be 30 feet or more above ground level, signed documentation such
as the FCC's "checklist to determine whether a facility may categorically
excluded" shall be provided to verify that the wireless telecommunication
facility with the proposed installation will be in full compliance
with the current FCC's RF emissions regulations. If not categorically
excluded, a complete RF emissions study is required to enable verification
of compliance, including providing all calculations, so that such
may be verified.
(10)
If any section or portion of the structure to be attached to
is not in compliance with the FCC's regulations regarding RF
radiation, that section or portion must be barricaded with a suitable
barrier and suitably marked.
(11)
A signed statement that the applicant will expeditiously remedy
any physical or RF interference with other telecommunications or wireless
devices or services.
E.
To protect the nature and character of the area and create the least
visually intrusive impact reasonably possible under the facts and
circumstances, any attachment to a building or other structure with
a facie, the antennas shall be mounted on the facie, unless it can
be proven that such will prohibit the provision of service, and all
such attachments and exposed cabling shall use Camouflage techniques
to match as closely as possible the color and texture of the structure
attached to.
F.
If attaching to a water tank, mounting on the top of the tank or
the use of a corral shall only be permitted if the applicant can prove
that to locate elsewhere will prohibit the provision of service or
creates an unresolvable safety threat, and all such attachments and
exposed cabling shall use camouflage techniques to match as closely
as possible the color and texture of the structure attached to.
G.
The applicant shall provide a certification by a professional engineer
licensed in the Commonwealth of Pennsylvania, along with documentation
(a structural analysis), including calculations, that prove that the
tower or other structure and its foundation as proposed to be utilized
are designed and constructed to meet all local, Borough, commonwealth,
federal and ANSI structural requirements for loads, including wind
and ice loads and the placement of any equipment on the roof a building
after the addition of the proposed new facilities.
H.
If the application is to attach to or modify existing facilities
on a tower, the applicant shall provide signed documentation of the
tower condition; specifically this shall mean a report done pursuant
to the latest edition of ANSI-EIA/TIA 222F-Annex E for any self-supporting
tower that is five years old or older or for a guyed tower that is
three years old or older. Any deficiencies, other than strictly cosmetic
ones, must be completed or remedied prior to the issuance of a building
permit for the attachment of any component of the proposed wireless
telecommunications facilities.
I.
To have the least adverse visual effect, all antennas attached to
a tower or other structure shall be flush mounted or as near to flush
mounted as is possible without prohibiting the provision of service,
or prove technically, with data and a detailed narrative, that flush
mounting shall not be used.
J.
The applicant shall demonstrate and provide in writing and by drawing
how it shall effectively screen from view the base and all related
equipment and structures of the proposed wireless telecommunications
facility up to a height of 10 feet.
K.
The wireless telecommunications facility and any and all accessory
or associated facilities shall maximize the use of building materials,
colors and textures designed to blend with the structure to which
it may be affixed and to harmonize with the natural surroundings.
This shall include the utilization of camouflage as may be required
by the Borough.
L.
All utilities installed for a new wireless telecommunications facility
shall be installed underground.
M.
If needed, an access road, turn around space and parking shall be
provided to assure adequate emergency and service access. Maximum
use of existing roads, whether public or private, shall be made to
the extent practicable.
N.
The applicant, and the owner of record of any structure or tower
to which a wireless telecommunications facility will be attached,
shall, jointly or separately, at its cost and expense, be required
to place with the Borough financial security acceptable to the Borough
as to type of security and the form and manner of execution, in an
amount required by the Borough's current fee schedule for attaching
to an existing structure or existing tower and with such sureties
as are deemed sufficient by the Borough to assure the faithful performance
of the terms and conditions of this chapter and conditions of any
permit issued pursuant to this chapter. Said security shall also serve
as a removal security in the event of the abandonment or cessation
of use for more than 90 consecutive days. The full amount of the security
shall remain in full force and effect throughout the term of the permit
and until any necessary site restoration is completed to restore the
site to a condition comparable to that which existed prior to the
issuance of the original permit.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
The applicant and the owner of record of any proposed tower
or other new support structure, shall, at its sole cost and expense,
be required to execute and file with the Borough financial security
acceptable to the Borough in an amount as determined by the Township
Engineer, but not to exceed 110% of the combined estimated cost of
removal of the tower or other support structure and restoration of
the site to its pre-construction condition. The surety must be acceptable
to the Township Solicitor as to type of security and the form and
manner of execution. Such surety is to assure the faithful performance
of the terms and conditions of this chapter and conditions of any
permit issued pursuant to this chapter, as well as removal of the
tower or other support structure, and restoration of the site, if
abandoned. The full amount of the security shall remain in full force
and effect throughout the term of the permit and until any necessary
site restoration is completed to restore the site to a condition comparable
to that which existed prior to the issuance of the original permit.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
In order to verify that the holder of a permit for wireless
telecommunications facilities and any and all lessees, renters, or
licensees of wireless telecommunications facilities, place and construct
such facilities, including towers and antennas, in accordance with
all applicable technical, safety, fire, building, and zoning codes,
laws, ordinances and regulations and other applicable requirements,
the Borough may, annually, inspect or have inspected by a party of
its choice all facets of said permit holder's, renter's,
lessee's or licensee's placement, construction, modification
and maintenance of such facilities, including, but not limited to,
towers, antennas and buildings or other structures constructed or
located on the permitted site. The Borough shall charge an annual
inspection/registration/review fee. The amount of the fee shall be
established by the fee schedule of the Borough.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
A holder of a permit for a wireless telecommunications facility shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the permit in amounts as set forth the Borough
schedule of fees but no less than $2,000,000. For a wireless telecommunications
facility on Borough property, the commercial general liability insurance
policy shall specifically include the Borough and its officers, Councils
members, employees, committee members, attorneys, agents and consultants
as additional insureds.
2.
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the Commonwealth
of Pennsylvania.
3.
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Borough with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
4.
Renewal or replacement policies or certificates shall be delivered
to the Borough at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
5.
Before construction of a permitted wireless telecommunications facility
is initiated, but in no case later than 15 days after the grant of
the permit, the holder of the permit shall deliver to the Borough
a copy of each of the policies or certificates representing the insurance
in the required amounts.
6.
A certificate of insurance that states that it is for informational
purposes only and does not confer rights upon the Borough shall not
be deemed to comply with this section.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
Any application for wireless telecommunication facilities that is
proposed for Borough property shall contain a provision with respect
to indemnification of the Borough. Such provision shall require the
applicant, to the extent permitted by this Part and applicable law,
to at all times defend, indemnify, protect, save, hold harmless, and
exempt the Borough, and its officers, Councils members, employees,
committee members, attorneys, agents, and consultants from any and
all penalties, damages, costs, or charges arising out of any and all
claims, suits, demands, causes of action, or award of damages, whether
compensatory or punitive, or expenses arising therefrom, either at
law or in equity, which might arise out of, or be caused by, the placement,
construction, erection, modification, location, products performance,
use, operation, maintenance, repair, installation, replacement, removal,
or restoration of said facility, excepting, however, any portion of
such claims, suits, demands, causes of action or award of damages
as may be attributable to the grossly negligent or intentional acts
or omissions of the Borough, or its servants or agents. With respect
to the penalties, damages or charges referenced herein, reasonable
attorney's fees, consultant's fees, and expert witness fees
are included in those costs that are recoverable by the Borough.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
In the event of a violation of this Part or any permit issued pursuant to this Part, the Borough may impose and collect, and the holder of the permit for wireless telecommunications facilities shall pay to the Borough, fines or penalties as set forth in Part 24 of this chapter.
2.
Notwithstanding anything in this Part, the holder of the permit for
wireless telecommunications facilities may not use the payment of
fines, liquidated damages or other penalties, to evade or avoid compliance
with this Part or any section of this Part. An attempt to do so shall
subject the holder of the permit to termination and revocation of
the permit. The Borough may also seek injunctive relief to prevent
the continued violation of this Part, without limiting other remedies
available to the Borough.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
If a wireless telecommunications facility is repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this Part
or of the permit, then the Borough shall notify the holder of the
permit in writing of such violation. A permit holder in violation
may be considered in default and subject to fines as in Part 24 and
if a violation is not corrected to the satisfaction of the Borough
within 30 days, the permit may be subject to revocation.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
1.
The owner of any tower or wireless telecommunications facility shall
be required to provide a minimum of 30 days' written notice to
the Borough Manager via Certified Mail-return receipt requested prior
to abandoning any tower or wireless telecommunications facility.
2.
Under the following circumstances, the Borough may determine that
the health, safety, and welfare interests of the Borough warrant and
require the removal of wireless telecommunications facilities:
A.
Wireless telecommunications facilities with a permit that have been
abandoned (i.e., not used as wireless telecommunications facilities)
for a period exceeding 90 consecutive days or a total of 180 days
in any three-hundred-sixty-five-day period, except for periods caused
by force majeure or Acts of God, in which case, repair or removal
shall commence within 90 days.
B.
Permitted wireless telecommunications facilities that fall into such
a state of disrepair that a health or safety hazard is created including,
but not limited to, becoming an attractive nuisance.
C.
Wireless telecommunications facilities have been located, constructed,
or modified without first obtaining, or used or maintained in a manner
not authorized by the required permit, or any other necessary authorization
and the permit may be revoked.
3.
If the Borough makes such a determination as noted in Subsection 2 of this section, then within 10 days the Borough may notify the holder of the permit for the wireless telecommunications facilities that said wireless telecommunications facilities are to be removed. To prevent a loss of service to the public and to enable the sale of the wireless telecommunications facilities, the Borough may approve an interim temporary use agreement/permit.
4.
The holder of the permit, or its successors or assigns, shall dismantle
and remove such wireless telecommunications facilities, and all associated
structures and facilities, from the site and restore the site to as
close to its original condition as is possible within 90 days of receipt
of written notice from the Borough.
5.
If wireless telecommunications facilities are not removed or substantial
progress has not been made to remove the wireless telecommunications
facilities within 90 days after the permit holder has received notice,
then the Borough may remove the wireless telecommunications facilities
at the sole expense of the owner or permit holder.
6.
If the Borough removes, or causes to be removed, wireless telecommunications
facilities, and the owner of the wireless telecommunications facilities
does not claim and remove it from the site to a lawful location within
10 days, then the Borough may take steps to declare the wireless telecommunications
facilities abandoned, and sell them and their components.
7.
Notwithstanding anything in this section to the contrary, the Borough may approve a temporary use permit/agreement for the wireless telecommunications facilities, during which time a suitable plan for removal, conversion, or re-location of the affected wireless telecommunications facilities shall be developed by the holder of the permit, subject to the approval of the Borough, and an agreement to such plan shall be executed by the holder of the permit and the Borough. If such a plan is not developed, approved and executed within the ninety-day time period, then the Borough may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section and utilize the security required in § 27-1720.
[Ord. 761, 8/26/1985; as added by Ord. 1005, 5/23/2011]
Where this Part differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the Borough, Commonwealth of Pennsylvania or federal government,
this Part shall apply.
