Borough of State College, PA Supplementary Provisions

[Ord. 559, 6/20/1959, Section 1201.7, 1201.10; Ord. 940, 8/9/1978, Section 4; amended by Ord. 973, 4/21/1980; Ord. 1056, 8/3/1983, Section 5; Ord. 1058, 9/14/1983, Section 2; Ord. 1073, 4/11/1984, Section 4; Ord. 1198, 2/8/1988, Section 22; Ord. 1549, 11/19/1997, Section 8; Ord. 1821, 11/9/2005, Section 10; Ord. 1913, 12/1/2008, Section 1; Ord. 2099, 8/21/2017, Section 2]

The provisions of this ordinance are subject to the following exceptions, additions or modifications:

Exceptions. The provisions of this ordinance shall not apply to any existing or proposed building, structure, use or extension thereof used or to be used by public utility corporations if, upon petition of the corporation, the Public Utility Commission shall, after public hearing, decide that the present or proposed location of the building in question is reasonably necessary for the convenience and welfare of the public.

Prohibitions.

(1)

No habitable vehicles or house trailer shall be used in any district as a temporary or permanent dwelling or for any trade or occupation, whether its wheels have been removed or it has been placed on a foundation, except when located in a trailer park.

(2)

The keeping of fowl or livestock, except on tracts of 10 acres or more, provided that housing and shelter is not closer than 200 feet to a property line of the tract. Exception: The keeping of chicken hens at one-family homes is allowed pursuant to Section 501.1(7).

(3)

Any process or assembly, manufacture or treatment constituting a nuisance by reason of odor, smoke, dust or noise and including, but not limited to, foundries, boiler works, smeltery plants; the manufacture or refining of asphalt, the manufacture or processing of cork, fertilizer, linoleum or oilcloth and glue or gelatin, the tanning and storage of raw hides and skins, abattoirs or slaughterhouses, and the manufacture of paint, oil and varnishes. This, however, shall not apply to exclude an industry, whether or not specifically mentioned, if such industry, after supplying satisfactory evidence to the Zoning Hearing Board, is certified by the Board to be free of the nuisance characteristics typical of its kind, by reason of special design of structure or innovation, in processes or like circumstances.

(4)

The process or assembly, manufacture or treatment constituting an unusually hazardous use and including, but not limited to, such things as the manufacture of bulk storage or explosives and the manufacture or storage of illuminating gas or other explosives or poisonous gases, except as may be necessary and incidental to a permitted industrial process.

(5)

The storage of crude oil or any of its volatile products or other inflammable liquids in aboveground tanks with capacity greater than 550 gallons, unless such tanks (up to and including ten-thousand-gallon capacity) are placed not less than 50 feet from all property lines; unless such tanks of more than ten-thousand-gallon capacity are placed not less than 100 feet from all property lines and are properly diked to provide a pooling capacity equal to 1 1/2 times the capacity of the tank or tanks surrounded.

(6)

Junkyards (except for vehicle holding areas in the M districts), automobile wrecking yards; the storage, baling or treatment of junk, scrap, iron, rags, bottles and scrap paper; and the storage of second-hand lumber and other building materials for resale (except in established lumber or building material yards).

(7)

Within utility easements, other than public utility structures, there shall be no structures, including fences nor any planting, other than grass or similar ground cover, nor any other obstruction above or below the surface of the land. This provision shall apply and shall be controlling in the event of a conflict with setbacks otherwise provided for herein.

(8)

The operation of any business which has, as a substantial or a significant portion of its stock-in-trade obscene materials, as defined in the State Obscenity Code.

Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas, as herein defined, shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

Refuse Collection. All uses generating refuse must be served by refuse containers of adequate capacity in locations agreeable to the Borough of State College, as specified below. Existing properties without such containers are exempt from providing on-site areas for their storage as long as such properties are adequately served by other off-site refuse containers. On such existing properties, any space of adequate location and size, which could be used for future placement of a container, shall be reserved for such purpose.

(1)

No building shall be hereafter constructed without providing locations on-site for adequate storage of all refuse produced on the site by the occupants, except as provided for in Subsection (3) below. No building or use may be expanded without provision for adequate on-site refuse containers or, if such space is unavailable at the time of enactment of this amendment, without agreement for off-site refuse storage as specified in Subsection (3) below.

(2)

The location of the on-site refuse storage area shall be shown on the zoning permit application or site plan as part of the application for zoning approval. Placement of refuse containers shall be at a location acceptable to the Borough. In determining the size, number and location of refuse containers to be used, the following criteria shall apply:

(a)

Size. The refuse containers and their sites shall be of a capacity determined by the Borough, which is adequate to contain all refuse generated by all of its users without requiring removal at times other than those regularly scheduled for the collection district in which the site is located.

(b)

Location. The location of refuse containers shall be compatible with the Borough refuse pickup system serving the property. When dumpsters or other bulk refuse containers are used, such shall be placed in a location which provides access to the containers by the appropriate refuse collection vehicle. All such containers shall be located in areas which provide for the safe operation of refuse collection vehicles. Where deemed necessary by the Borough, adequate vehicle turn-around areas shall be provided on the site and, to the greatest extent possible, refuse containers shall be located to minimize the need for backing movements by said vehicle.

(3)

Two or more property owners may consolidate their refuse storage at a common site, provided the size and location of the site complies with all relevant provisions of this section and other applicable Borough regulations. Said property owners shall enter into a legal Agreement specifying such site as their common refuse storage area in a manner and form acceptable to and recorded with the Recorder of Deeds, Centre County, Pennsylvania. A copy of the Agreement must be submitted to and approved by the Borough prior to recording.

Residency Or Occupancy. A resident or occupant of a dwelling unit shall have the right to invite to his dwelling unit such guests as he wishes, including overnight guests. However, it shall constitute a violation of this ordinance{290} if such overnight guest(s) so frequently remains in such unit overnight as to increase, for a majority of the nights during any consecutive period of 10 days, the number of persons beyond the maximum permitted to reside in or occupy that dwelling unit under the provisions of this ordinance. It shall be the duty of the owner, landlord, rental agent, Realtor and property manager of any dwelling unit to make the maximum residency or occupancy under the zoning ordinance known to tenants, in writing, on or before the time of leasing (or renting), and it shall be also the responsibility of occupants, residents and tenants to ascertain the maximum occupancy under this zoning ordinance.

Wireless Communications Facilities.

[Amended by Ord. No. 2167, 11/8/2021]

(1)

Purposes.

(a)

The purpose of this subsection is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Borough of State College (referred to herein as the "Borough"). While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities through the standards set forth in the following provisions.

(b)

By enacting these provisions, the Borough intends to:

(i)

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;

(ii)

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

(iii)

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

(iv)

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

(v)

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

(vi)

Promote the health, safety, and welfare of the Borough's residents.

(2)

General and Specific Requirements for Non-Tower Wireless Communications Facilities.

(a)

The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:

(i)

Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted by right outside of the public rights-of-way in all zones subject to the restrictions and conditions prescribed by this § 19-2001.e(2) and generally applicable permitting by the Borough.

(ii)

Eligible Facilities Request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

(iii)

Nonconforming Wireless Support Structures. Non-tower WCFs shall be permitted to co-locate upon nonconforming telecommunications towers and other nonconforming structures. Co-location of WCFs upon existing telecommunications towers is encouraged even if the telecommunications tower is nonconforming as to use within a zoning district.

(iv)

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

(v)

Wind and Ice. All non-tower WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the Engineering Departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

(vi)

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(vii)

Public Safety Communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

(viii)

Radio Frequency Emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(ix)

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

All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(x)

Insurance. Each person that owns or operates a non-tower WCF shall annually provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(xi)

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors, arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(xii)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.

All maintenance activities shall conform to industry maintenance standards.

(xiii)

Timing of Approval.

Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application.

Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, and subject to applicable tolling procedures, the Borough shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

Within 60 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that does not substantially change the wireless support structure to which it is attached, and subject to applicable tolling procedures, the Borough shall issue the required building and zoning permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.

(b)

In addition to the requirements in § 19-2001.e(2)(a) above, the following regulations shall apply to all non-tower WCFs that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

(i)

Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 19-2001e.

(ii)

Small WCF Exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 19-2001.e(2). Such small WCF shall be subject only to applicable permitting and the requirements of § 19-2001.e(3) and Chapter XVI, Part D, of the Borough Code.

(iii)

Prohibited on Certain Structures. No non-tower WCF shall be located on a dwelling, except for a multiple dwelling.

(iv)

Historic Buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Borough.

(v)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Borough Fee Schedule and shall comply with the applicable requirements of the FCC.

(vi)

Development Regulations.

All non-tower WCF applicants must submit documentation to the Borough justifying the total height of the WCF.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(vii)

Design. Non-tower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.

(viii)

Removal, Replacement and Substantial Change.

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.

Any substantial change to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval as determined by the Borough.

(ix)

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3)

General and Specific Requirements for Telecommunications Towers.

(a)

The following regulations shall apply to all telecommunications towers that do not meet the definition of a small WCF.

(i)

Conditional Use Authorization Required. Telecommunications towers are permitted by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 19-2001.e(2).

Upon submission of an application for a telecommunications tower and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Borough Council along with the list of return receipts received.

Prior to the Borough Council's approval of a conditional use authorizing the construction and installation of telecommunications tower, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of Borough Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed telecommunications tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists. This test is also met when the WCF applicant demonstrates that the WCF is being proposed to densify an existing wireless network, introduce new services or otherwise improve service capabilities.

The conditional use application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the telecommunications tower, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed telecommunications tower complies with all state and federal laws and regulations concerning aviation safety.

Where the telecommunications tower is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to Borough Council that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.

Prior to the Borough's issuance of a zoning permit authorizing construction and erection of a telecommunications tower, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any zoning permit.

An application for a new telecommunications tower shall demonstrate that the proposed telecommunications tower cannot be accommodated on an existing or approved structure or building. Borough Council may deny an application to construct a new telecommunications tower if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[a]

The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[b]

The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

[c]

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[d]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed telecommunications tower complies with all applicable provisions of this chapter.

(ii)

Development Regulations.

Telecommunications towers shall not be located in, or within 50 feet of, an area in which all utilities are located underground, unless the WCF applicant proves to the satisfaction of the Borough that installing its facility in such a location is necessary to provide wireless service and that no other feasible alternative exists.

Telecommunications towers are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the requirements of this chapter:

[a]

General Commercial District.

[b]

Planned Industrial District.

[c]

Commercial Incentive District.

Sole Use On a Lot. A telecommunications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district.

Combined with Another Use. A telecommunications tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[a]

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

[b]

Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the telecommunications tower and guy wires, the equipment building, security fence, and buffer planting.

(iii)

Design Regulations.

Height. One hundred fifty feet, measured from the average natural grade of the approved facility area to the top point of the telecommunications tower, except for locations above elevation 1,400 feet as shown on the appropriate U.S. Geological Survey Topographic Quadrangle mapping, in which case, the maximum height shall be 50 feet or the average height of the trees, measured from the average natural grade of the approved facility area to the top point of the telecommunications tower. In addition, the wireless communications facility must be of a concealed, camouflaged or stealth design that blends into the natural environment so as not to be seen or recognized. This includes "tree" poles, or architecturally screened antennas that can be attached to existing structures other than towers. Lighting shall be prohibited from these concealed towers and/or antennas.

Visual Appearance and Land Use Compatibility. Telecommunications towers shall employ stealth technology, which may include the tower portion to be painted brown or another color approved by Borough Council or shall have a galvanized finish. All telecommunications towers and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

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

Any telecommunications tower over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

Minimum Setbacks. As required in the applicable zoning district, except for the following: No telecommunications tower shall be located closer than 200 feet or 110% of the proposed telecommunications tower height, whichever is greater, from any existing property line of any lot containing a residential use, regardless of the zoning district in which the telecommunications tower and Accessory Equipment are located.

(iv)

Surrounding Environs.

The WCF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

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

(v)

Fence/Screen.

A security fence (including security wiring) of approved design of not less than eight feet, and no greater than 10 feet, shall completely enclose the WCF. A fence of not less than eight feet and not greater than 10 feet shall also completely enclose the anchored locations of guy wires, if used.

The applicant shall submit a landscaping plan. Sites in which WCFs are located shall be required to comply with the following landscaping requirements:

[a]

Landscaping and planting shall be provided for a minimum depth of 15 feet along all public rights-of-way abutting the lot where the telecommunications tower is located. COD (Corridor Overlay District) requirements shall take precedence over the fifteen-foot minimum landscaping requirement if a telecommunications facility is located within a COD.

[b]

Landscaping, consisting of sight-obscuring trees and shrubs in accordance with the Buffer Yard C requirements, as specified in § 19-1927.b(6) of this chapter, shall be required at the perimeter of the security fences and the telecommunications facility. Existing wooded areas, tree lines and hedgerows adjacent to the facility shall be preserved and used to substitute or meet a portion of the buffer yard requirements.

(vi)

Accessory Equipment.

Ground-mounted accessory equipment associated or connected with a telecommunications tower shall not be located within 50 feet of a lot in residential use.

Accessory equipment associated, or connected, with a telecommunications tower shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing commercial communications antenna space on the telecommunications tower outside of the public ROW.

(vii)

Standard of Care. Any telecommunications tower shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any telecommunications tower shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

(viii)

Additional Antennas. As a condition of approval for all telecommunications towers, the WCF applicant shall provide the Borough Council with a written commitment that it will allow at least two other service providers to co-locate antennas on telecommunications towers where technically and economically feasible. To the extent permissible under state and federal law, the owner of a telecommunications tower shall not install any additional antennas without complying with the applicable requirements of this § 19-2001.e(3)(a).

(ix)

(x)

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

(xi)

Inspection. The Borough reserves the right to inspect any telecommunications tower to ensure compliance with the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the lease property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(xii)

Wind and Ice. Any telecommunications tower shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the Engineering Department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).

(xiii)

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

(xiv)

Maintenance. The following maintenance requirements shall apply:

Any telecommunications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair, or replacement.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize industry standard technology for preventing failures and accidents.

(xv)

Radio Frequency Emissions. A telecommunications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(xvi)

Signs. All telecommunications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(xvii)

Lighting. No telecommunications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

(xviii)

Noise. Telecommunications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(xix)

Storage. The storage of unused equipment, materials or supplies is prohibited on any telecommunications tower site.

(xx)

Timing of Approval. Within 30 calendar days of the date that an application for a telecommunications tower is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for telecommunications towers shall be acted upon within 150 days of the receipt of an application for the approval of such telecommunications tower, subject to applicable tolling procedures, and the Borough Council shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

(xxi)

Nonconforming Uses. Nonconforming telecommunications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.

(xxii)

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

All unused or abandoned telecommunications towers and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Any unused portions of telecommunications towers, including antennas, shall be removed within 90 days of the time of cessation of operations. The Borough must approve all replacements of portions of a telecommunications tower or pole facility previously removed.

(xxiii)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a telecommunications tower, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough fee schedule and shall comply with the applicable requirements of the FCC.

(xxiv)

Insurance. Each person that owns or operates a telecommunications tower shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the telecommunications tower.

(xxv)

Indemnification. Each person that owns or operates a telecommunications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the telecommunications tower. Each person that owns or operates a telecommunications tower shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of telecommunications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(xxvi)

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

(4)

Regulations Applicable to Aall Small Wireless Communications Facilities.

(a)

Small WCFs are permitted by administrative approval from the Borough of State College in the rights-of-way of all Borough zoning districts, subject to the requirements of Chapter XVI, Part D, and all applicable permitting as required by the Borough Code.