The purpose of this section and the standards established herein
is to govern the use, construction, and siting of wireless communications
facilities so as:
A.
To accommodate the need for wireless communications facilities while
regulating their location and number in the Borough and to ensure
compliance with all applicable governmental regulations.
B.
To minimize any adverse visual effects of wireless communications
facilities, antenna(s), and antenna support structures through proper
design, siting, and screening.
C.
To ensure the structural integrity of the antenna support structure
through compliance with applicable industry standards and regulations.
D.
To encourage the joint use of any new antenna support structures
to reduce the number of such structures needed in the future.
E.
To promote the health, safety, and welfare of the residents of the
Borough.
A.
Attachment of facilities to existing antenna support structures.
(1)
Use by special exception in the Industrial District and on any
local Borough-owned sites.
(2)
Use by special exception on any state-, county-, and school
district-owned sites for their own internal communication needs only.
(3)
Use by right for emergency use by either or a combination thereof
of local, county, state, or federal communications antennas. The application
procedure, engineering review, and building permit procedures as provided
in this article and the Borough Code shall still be complied with
in order to install the antenna/structure.
B.
Placement of new antenna support structures and wireless communications
facilities.
(1)
Use by right in Institutional District and on any local Borough-owned
sites.
(2)
Use by special exception in the Industrial District and on any
state-, county-, and school district-owned sites for their own internal
communication needs only.
(3)
Use by right for emergency use by either or a combination thereof
of local, county, state, or federal communications antennas. The application
procedure, engineering review, and building permit procedures as provided
in this article and the Borough Code shall still be complied with
in order to install the antenna/structure.
All applicants seeking to construct, erect, relocate, or alter
a wireless communications facility shall comply with this article
and shall demonstrate to the Borough Council and Borough Planning
Commission the following:
A.
The applicant shall demonstrate, using accepted technological and
documentary evidence, that the antenna and/or antenna support structure
must be located where proposed in order to satisfy its function within
the applicant's regional plan or grid system. An accurate description
of each relevant "area of service" shall be included in such evidence.
B.
Antenna height.
(1)
The applicant shall demonstrate that the antenna(s) and antenna
support structure must be at the height proposed in order to satisfy
their function in the applicant's regional plan or grid system.
The applicant shall also demonstrate that the antenna height requested
is not in excess of the minimum required to function satisfactorily.
(2)
An antenna that is attached to a support structure such as a
telephone, electric, or utility pole, existing wireless communications,
cellular communications or personal communications services tower,
smokestack, water tower, or other similar tall structure, together
with any antenna support structure, shall not exceed the height of
the existing structure by more than 10 feet.
(3)
The maximum height of any communications tower shall be 100
feet.
C.
Setbacks from the base of the antenna support structure.
(1)
The minimum distance between the base of any antenna support
structure and any property line or right-of-way line shall be the
largest of the following:
(2)
The minimum distance between the base of any guy wire anchors
and any property line or right-of-way line shall equal 40% of the
proposed antenna support structure height.
D.
Antenna support structure safety.
(1)
The applicant shall demonstrate that the proposed antenna(s)
and antenna support structure are designed and constructed in accordance
with all applicable national building standards for such facilities
and structures, including, but not limited to, the standards developed
by the Electronics Industry Association, Institute of Electrical and
Electronics Engineers, Telecommunications Industry Association, American
National Standards Institute, and Electrical Industry Association.
The applicant shall demonstrate that the proposed wireless communications
facility is designed in such a manner so that no part of the facility
will attract/deflect lightning onto adjacent properties.
(2)
When an antenna(s) is(are) to be located on an existing structure
and the general public has access to that structure, the applicant
shall provide engineering details showing what steps have been taken
to prevent microwave binding to wiring, pipes, or other metals.
E.
The applicant shall demonstrate that the proposed antenna(s) and
antenna support structure and the entire wireless communications facility
are safe and are in accordance with applicable Borough codes and the
surrounding properties will not be negatively affected by antenna
support structure failure, falling ice, or other debris. All antenna
support structures shall be fitted with anticlimbing devices to comply
with industry standards.
F.
A security fence shall be required around the antenna support structure
and other equipment, unless the antenna(s) is(are) mounted on an existing
structure. The security fence shall be a maximum of eight feet in
height and maintained in proper condition. No barbed-wire or razor-wire
fencing will be permitted without obtaining the appropriate permit
from the Borough Building Inspector.
G.
If the applicant is a commercial wireless communications company,
it must demonstrate that it is licensed by the Federal Communications
Commission (FCC) and provide the Borough Manager with copies of all
FCC applications, permits, approvals, licenses, and site inspection
records. All such information shall be accompanied by a certification,
signed by two officers of the applicant, providing that, after due
inquiry, the information being supplied is true and correct to the
best of their knowledge, information, and belief. The applicant shall
also provide the Borough Manager with copies of all applicable federal
regulations with which it is required to comply and a schedule of
estimated FCC inspections.
H.
The owner of an antenna support structure shall submit to the Borough
Engineer proof of the annual inspection of the antenna support structure
and antenna(s) by an independent professional engineer as required
by the ANSI/EIA/TIA-222-E code. Based upon the results of such an
inspection, the Borough Council may require removal or repair of the
structure.
I.
A structural engineer registered in Pennsylvania shall attest to the proposed antenna support structure's ability to meet the structural standards of Subsection D preceding herein, or those offered by either the Electronic Industries Association or the Telecommunication Industry Association, and certify the proper attachment of antenna(s) and proper construction of the foundation and the erection of the antenna support structure.
J.
The wireless communications facility shall be fully automated and
not require any maintenance workers to be present on a full-time basis.
Adequate parking shall be required for all maintenance workers, with
a minimum of two spaces provided. All parking spaces shall be constructed
to conform to applicable stormwater management regulations.
K.
A full site plan shall be required for all wireless communications
facilities, showing all existing and proposed structures and improvements,
including, but not limited to, the antenna(s), antenna support structure,
building, fencing, landscape, buffering, and ingress and egress and
all necessary elevations and photo overlays demonstrating the illustrated
appearance of all facilities against actual photographic backgrounds
in each of the four directions. The plan shall comply with the latest
adopted County Subdivision and Land Development Ordinance.
L.
No sign or other structure shall be mounted on the wireless communications
facility, except as may be required by the FCC, FAA (Federal Aviation
Administration), or other governmental agencies.
M.
Antenna support structures shall meet all FAA regulations. No antenna
support structure may be artificially lighted except when required
by the FAA or other governmental authority. When lighting is required
by the FAA or other governmental authority, it shall be oriented inward
so as not to project onto surrounding properties. The applicant shall
immediately report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities.
N.
In the case of a newly constructed antenna support structure, a soil
report complying with the standards of Geotechnical Investigations,
ANSI/EIA-222E, as amended, shall be submitted to the Borough Engineer
to document and verify the design specifications of the foundation
for the antenna support structure and anchors for the guy wires, if
used.
O.
All wireless communications equipment buildings and other accessory
facilities shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of like facades
to blend with the existing surroundings and neighboring buildings
to the greatest extent possible.
P.
Additional development regulations.
(1)
A wireless communications facility is permitted as a sole use
on a lot, subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district, except as modified
herein.
(2)
A wireless communications facility may be permitted on a property
with an existing use or on a vacant parcel in combination with another
industrial, municipal, or other use, subject to the following conditions:
(a)
The existing use on the property must be a permitted use in
the applicable district or any lawful nonconforming use and need not
be affiliated with the wireless communications facility.
(b)
The minimum lot area for a land site shall be 3,600 square feet.
(c)
Where the wireless communications facility is located on a property
with another principal use, vehicular access to the wireless communications
facility shall, whenever feasible, be provided along the circulation
driveways of the existing use. The applicant shall present documentation
that the owner of the property has granted an easement for the proposed
facility.
(3)
An antenna(s) may be attached to an existing structure or building,
subject to the conditions that vehicular access to the wireless communications
facility shall not interfere with the parking or vehicular circulation
on the site for the principal use.
Q.
The wireless communications facility shall be maintained and kept
in good repair as required by Federal Law H.R. 6180/S. 2882, the Telecommunications
Authorization Act of 1992, including amendments to Sections 303(q)
and 503(b)(5) of the Communications Act of 1934, and all Borough ordinances
not inconsistent therewith. Every year the facility owner shall certify
to the Borough the structural integrity of the wireless communications
facility.
R.
The following landscaping shall be required to screen as much of
a newly constructed antenna support structure, the fence surrounding
the newly constructed antenna support structure, and any other newly
constructed ground-level features (such as a building) as possible
and, in general, to soften the appearance of the wireless communications
facility.
(1)
The disturbance of the existing topography shall be minimized,
unless such disturbance would result in less visual impact of the
facility on the surrounding area.
(2)
Existing vegetation on and around the land site shall be preserved
to the greatest extent possible. Any tree or vegetative element which
dies must be replaced within one month, ground permitting.
(3)
An evergreen screen shall be required to surround the antenna
support structure. The screen can be either a hedge (planted three
feet on center maximum) or a row of evergreen trees (planted 10 feet
on center maximum). The evergreen screen shall be a minimum height
of six feet at planting and shall grow to a minimum of 15 feet at
maturity.
(4)
Where the wireless communications facility abuts residentially
developed land, a residential zoning district, public land, or streets,
the land site perimeter shall be landscaped with at least one row
of deciduous trees not less than 3 1/2 inches in caliper, spaced
not more than 30 feet apart on center, and within 25 feet of the land
site boundary, as well as at least one row of evergreen trees or shrubs,
at least 14 feet high when planted and spaced not more than 15 feet
apart and within 40 feet of the land site boundary.
S.
All applicants seeking to construct, erect, relocate, or alter a
wireless communications facility shall demonstrate that all property
owners within a two-hundred-foot radius of the proposed structure
have been provided written notice of the applicant's intent to
construct, erect, relocate, or alter a wireless communications facility.
Such notice shall also contain the date and time of the hearing before
the Upland Borough Planning Commission where the applicant will appear
and demonstrate compliance with the provisions of this article.
T.
In the event that the wireless communications facility causes interference
with the radio or television reception of any Borough resident for
a period of three continuous days, the resident shall notify the operator
of the facility of such interference, and the applicant, at the operator's
sole expense, shall thereafter ensure that any interference problems
are promptly corrected.
U.
It being the legislative finding of the Borough Council of the Borough
of Upland that wireless communications facilities which have been
abandoned present a danger to the health, safety, and welfare of the
general public, all abandoned structures shall be removed no more
than 90 days after abandonment. The owner shall be responsible for
any demolition costs related to the facilities. If, in the future,
technology is developed that the state of the art for such facilities
permits antennas of a lesser height, the facility's owner shall
be required to reduce the height of its antenna to the lower height
that new technology permits within one year of written notification
from the Borough.
V.
In January of each year, the owner of any wireless communications
facility shall pay the registration fee established from time to time
by resolution of the Borough Council and shall provide the Borough
Manager with the following information:
(1)
The name and address of the owner of the wireless communications
facility and the telephone number of the appropriate contact person
in case of emergency.
(2)
The name and address of the property owner on which the wireless
communications facility is located.
(3)
The location of the wireless communications facility by geographic
coordinates, indicating the latitude and longitude.
(4)
Output frequency of the transmitter.
(5)
The type of modulation, digital format, and class of service.
(6)
Antenna(s) gain.
(7)
The certified and effective radiated power of the antenna(s).
(8)
The number of transmitters, channels, and antenna(s).
(9)
A copy of the owner's or operator's FCC authorization.
(10)
Antenna(s) height.
(11)
Power input to the antenna(s).
(12)
Distance to the nearest base station.
(13)
A certification, signed by two officers of the applicant, that
the wireless communications facility is continuing to comply with
this article and all applicable governmental regulations.
W.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address, and emergency telephone number
for the operator of the wireless communications facility; and a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower
and communications antenna.
A.
The applicant shall have the duty of presenting evidence and all
studies and materials required herein, as well as the additional burden
of persuading the Zoning Hearing Board that:
B.
In order to reduce the number of antenna support structures needed
in the Borough in the future, the proposed antenna support structure
shall also be required to accommodate, where possible, other users,
including other wireless communications, cellular communications,
and personal communications service provider companies and local police,
fire, and ambulance companies. Applicants shall provide documentary
evidence that all other authorized users have been contacted by the
applicant with an offer of colocation on the applicant's proposed
antenna support structure.
C.
If the applicant proposes to build an antenna support structure [as
opposed to mounting the antenna(s) on an existing structure], the
applicant shall demonstrate with documentary evidence that it has
contacted the owners of structures of suitable location and height
(such as smokestacks, water towers, and buildings housing existing
antenna support structures) within a one-mile radius of the site proposed,
requested permission to install the antenna(s) on those structures,
and has been denied. An application to construct a new antenna support
structure will be denied if the applicant has not made a good-faith
effort to mount the antenna(s) on an existing structure as set forth
in this subsection.
All plans for the erection of wireless communications facilities
shall be submitted to and reviewed by the Upland Borough Planning
Commission for compliance with the County Subdivision and Land Development
Ordinance, with the exception of new antenna(s) attached to existing
structures in the Institutional District, the Industrial District,
or municipal use sites. The Borough Engineer and Solicitor shall review
the plans for compliance with this article and any other applicable
local regulations and evidence of review and approval of other agencies
with jurisdiction over such facilities. The cost of review fees shall
be reimbursed to the Borough by the owner. These fees shall be in
addition to any applicable Borough building permit fees.
