[Ord. No. 247-2018, 9/17/2018]
As used in this chapter, the following terms shall have the
meanings indicated:
any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
any structure or equipment at a fixed location that enables
FCC-licensed or authorized communications between user equipment and
a communications network. Includes structures other than towers that
support or house an antenna, transceiver, or other associated equipment
that constitutes part of a "base station" at the time the relevant
application is filed with the State or municipal authorities, even
if the structure was not built for the sole or primary purpose of
providing such support, but does not include structures that do not
at that time support or house base station components. The term includes
buildings, light poles, utility poles, water towers, etc., as well
as DAS systems and small cells.
the mounting of one or more WCFs, including antennae, on
an existing tower-based WCF or utility or light pole.
the building or cabinet in which electronic receiving, relay
or transmitting equipment for a wireless communications facility is
housed and covering an area on the ground not greater than two hundred
square feet (200 sq. ft.).
Any ground-mounted structure that is designed and constructed
primarily for the purpose of data collection, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
structures used to wirelessly read utility meters and for other remote
monitoring purposes. For the purposes of this ordinance, the term
includes facilities that are not solely under the jurisdiction of
the Pennsylvania Public Utility Commission, except where permitted
by law. The term includes the structure and any supporting structures
thereto.
network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
Federal Communications Commission.
A WCF or site which consists of a single pole wireless support
structure, designed and erected on the ground or on top of a structure,
to support antennae and connecting appurtenances.
A privately owned antenna or tower serving solely the same
property upon which the antenna or tower is located, for the personal,
amateur, non-commercial use of the owner of the property, and as an
accessory use to such property, for example, ham radio, citizens band
radio, or direct broadcast satellite dishes.
All wireless communications facilities (WCFs) that are not
tower-based, including, but not limited to, data collection units,
antennae and related equipment. Non-tower WCF shall include support
structures for antennae and related equipment that is mounted to the
ground or at ground-level. Other non-ground mounted examples can include,
but not limited to, installation of a WCF on an existing utility pole,
light pole, barn, church steeple, farm silo, water towers or other
similar structures.
a modification to the physical dimensions of a tower or base
station as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012), if it meets any of the
following criteria:
For tower-based WCFs outside of the public rights-of-way, it
increases the height of the facility by more than ten percent (10%),
or by the height of one additional antenna array with separation from
the nearest existing antenna, not to exceed twenty feet (20'), whichever
is greater;
For tower-based WCFs inside the public rights-of-way, and for
all base stations, it increases the height of the facility by more
than ten percent (10%) or ten feet (10'), whichever is greater;
For tower-based WCFs outside of the public rights-of-way, it
protrudes from the edge of the existing tower by more than twenty
feet (20'), or more than the width of the tower structure at the level
of the appurtenance, whichever is greater;
For tower-based WCFs inside the public rights-of-way, and for
all base stations, it protrudes from the edge of the existing tower,
or wireless support structure, by more than six feet (6');
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four (4) cabinets;
It entails any excavation or deployment outside the current
permitted area of the existing tower-based WCF or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of construction or modification of the tower-based WCF or
base station, unless the non-compliance is due to an increase in height,
increase in width, addition of cabinets, or new excavation that does
not exceed the corresponding "substantial change" thresholds.
any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers and monopoles. DAS hub facilities are considered to
be tower-based WCFs.
transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
the antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. Not included are Non-Commercial
Antennas and Towers (as defined).
any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough owned land or property.
the vertical distance measured from the base of a wireless
communications facility support structure at the undisturbed grade
to the highest point of the structure. If the wireless communications
facility support structure is on a sloped grade, the average between
the highest and lowest grades shall be used in calculating the height.
a freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
[Ord. No. 247-2018, 9/17/2018]
A.
Microwave Dish, Radio or Television Antennae. Such antennae shall
be considered a permissible accessory use, subject to the following
standards and regulations:
1.
Radio or Television Antennae. Radio or television
antennae, either freestanding or attached to a building, is a device
used for receiving frequency signals, including television and radio
antennae, not used for commercial broadcasting or communication purposes.
Such devices shall include ham and citizen band radio antennae used
by amateur radio operators. Radio or Television antennae shall be
subject to the following:
b.
The structure shall meet all yard requirements of the zoning
district in which it is located, however, no portion of the base of
a freestanding antennae shall be located closer to any lot line than
the height of the antennae, measured from the base of the antennae
to the highest point.
c.
The highest point of an antennae shall not exceed the peak of
the roof of the principal building by more than 15 feet, or if freestanding,
50 feet.
d.
No more than two antennae of any kind, including radio, television
or microwave dish antennae, shall be permitted per lot, nor shall
more than one freestanding radio or television antennae or one microwave
dish antennae be permitted per lot.
2.
Microwave Dish Antennae. Microwave dish antennas
are parabolic earth based reflectors, together with a pedestal and
any other attachment and parts thereof, commonly referred to as a
dish antennae, used or intended to receive microwaves, radio, or electromagnetic
waves from an overhead satellite, and shall be subject to the following
requirements:
a.
All Residential Districts. Microwave
antennas shall be considered as a permissible accessory residential
use, subject to the following:
i.
The diameter of the microwave antennae shall not exceed 3 feet.
ii.
When freestanding, (not roof mounted), the following shall apply:
a)
The total height of the microwave antennae shall not exceed
10 feet.
b)
Such an arrangement shall be screened with staggered plantings
or fencing to the extent that such screening does not substantially
interfere with reception.
c)
Supporting material shall comply with the Borough Building Code.
d)
The microwave antennae shall be located only in the side or
rear yard and not closer than 10 feet to any property line.
iii.
When roof or wall mounted, the following shall apply:
a)
The microwave antennae shall be located on a portion
of the roof or wall facing away from the front of the lot and no part
thereof shall project above the ridge line or be visible from the
front of the lot, unless approved as a special exception by the Zoning
Hearing Board.
b)
Mounting materials and methods shall comply with
the Borough Building Code.
iv.
No more than one microwave antennae shall be permitted on any
lot.
[Ord. No. 257-2021, 12/20/2021]
Wireless communications facilities that qualify as small wireless
facilities as has been defined by the Federal Communications Commission
are governed by a separate ordinance, and related design criteria,
as adopted by the Borough to address small wireless facilities.[1] Wireless communications facilities that fall under the
definition of "Small Wireless Facilities" are governed and controlled
by the Small Wireless Facilities Ordinance and approved design criteria.
Small wireless facilities are not subject to the provisions of this
Part.
[Ord. No. 247-2018, 9/17/2018]
A.
General Requirements for Non-Tower Wireless Communication
Facilities (WCF). The following standards and regulations
shall apply to all Non-tower Wireless Communications Facilities, regardless
of location:
1.
Permitted in All Zoning Districts Subject to Regulations. Non-tower WCFs are permitted by right in all zoning districts subject
to the restrictions and conditions prescribed below and subject to
the proper zoning and/or permits issued by the Borough. Applicants
proposing installations on existing buildings or towers shall submit
evidence of agreements and/or easements necessary to provide access
to the existing building or tower so that installation and maintenance
of the equipment can be accomplished.
2.
Standard of Design and 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, Pennsylvania Construction
Code Act and Regulations and National Electrical Code, and shall not
affect pedestrian or vehicular traffic. Design certification from
a Pennsylvania registered professional engineer is required to attest
that the existing structure can adequately support the proposed equipment
installation. Detailed construction and elevation drawings, indicating
antenna locations and mounting design, shall be submitted by the applicant.
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.
3.
Wind. Any non-tower WCF structures shall be
designed to withstand the effects of wind according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSFEINTIA-222-E Code,
as amended).
4.
Public Safety Communications. No non-tower
WCF shall interfere with public safety communications or the reception
of broadband, television, radio or other communications services enjoyed
by occupants of nearby properties.
5.
Aviation Safety. Non-tower-based WCFs shall
comply with all Federal and State laws and regulations concerning
aviation safety, and any applicable airport zoning regulations, if
any. The WCF applicant shall furnish a statement from the FCC, FAA
and Commonwealth Bureau of Aviation that the non-tower-based WCF complies
with applicable regulations or is exempt from these regulations.
6.
Radio Frequency Emissions. No non-tower WCF
may, 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.
7.
Historic Buildings. Non-tower WCFs may not
be located on a building or structure that is listed on either the
National or Pennsylvania Registers of Historic Places or on any property
or structure which has been designated by the Borough as being of
historic significance.
8.
Removal. In the event that use of a non-tower
WCF is discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
a.
All abandoned or unused non-tower WCFs and accessory facilities
shall be removed within three (3) months of the cessation of operations
at the site unless a time extension is approved by the Borough.
b.
If the non-tower WCF or accessory facility is not removed within
three (3) months of the cessation of operations at a site, or within
any longer period approved by the Borough, the non-tower 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.
9.
Timing of Approval. Within thirty (30) calendar
days of the date that an application for a non-tower WCF is filed
with the Borough, the Borough shall notify the applicant in writing
of any information that may be required to complete such application.
Except as provided for in Section 1232.B.2(c) below, the Borough shall
make its final decision on whether to approve an application within
sixty (60) calendar days of receipt of such application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Borough to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Borough's 60-day review period.
10.
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.
11.
Stealth Technology/Aesthetic Impact.
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough. The Borough Council retains the right to deny an application
for the construction or placement of a non-tower WCF based upon visual
and/or land use impact.
12.
The regulations set forth herein for non-tower wireless communications
facilities shall not apply to non-commercial antennas and towers (as
defined).
B.
Substantial Change to Non-Tower WCF. The following
regulations shall also apply to all non-tower wireless communication
facilities that Substantially Change (see definitions) the physical
dimensions of the WCF itself or the wireless support structure to
which they are attached:
1.
Retention of Experts. The Borough may hire
any consultant(s) and/or expert(s) necessary to assist the Borough
in reviewing and evaluating the application for approval of the WCF
and, once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Chapter. The applicant and/or
owner of the WCF shall reimburse the Borough for all costs of the
Borough's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
2.
Bond. Prior to the issuance of a permit, the
owner of each individual non-tower WCF shall, at its own cost and
expense, obtain from a surety licensed to do business in Pennsylvania
and maintain a bond, or other form of security acceptable to the Borough
Solicitor, in an amount of $25,000 for each individual non-tower WCF,
to assure the faithful performance of the terms and conditions of
this Chapter. The bond shall provide that the Borough may recover
from the principal and surety any and all compensatory damages incurred
by the Borough for violations of this Chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Borough.
3.
Timing of Approval. Within thirty (30) calendar
days of the date that an application for a non-tower WCF is filed
with the Borough, the Borough shall notify the applicant in writing
of any information that may be required to complete such application.
Within ninety (90) calendar days of receipt of a complete application
for a non-tower WCF that constitutes a substantial change, the Borough
shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision. If additional
information was requested by the Borough to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Borough's 90-day review period.
4.
License and Insurance. In addition, the applicant
shall submit a copy of its current Federal Communications Commission
(FCC) license; the name, address and emergency telephone number for
the operator of the communications tower or antennae; and 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 communications
tower or antenna.
5.
If such non-tower WCF that constitutes a Substantial Change is located
outside the rights-of-way, then the following additional requirements
shall apply:
a.
Development Regulations. Non-tower
WCFs shall be co-located on existing structures, such as existing
buildings or tower-based WCFs subject to the following conditions:
1)
The combined maximum height of the WCF and wireless support
structure does not exceed 125 feet.
2)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
3)
A minimum eight foot (8') high security fence shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
b.
Design Regulations.
1)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a special exception from
the Borough's Zoning Hearing Board.
2)
All non-tower WCF applicants must submit documentation to the
Borough justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
3)
Antennae, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
c.
Removal, Replacement, Modification.
1)
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 increase the overall size
of the WCF or the numbers of antennae.
2)
Any material modification to a wireless communication facility
shall require a prior amendment to the original permit or authorization.
d.
Inspection. The Borough reserves the right to inspect any WCF
to ensure compliance with the provisions of this Chapter 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
property upon which a WCF is located at any time upon reasonable notice
to the operator, to ensure such compliance.
C.
Non-Tower WCFs Inside Rights-of-Way. In addition
to the provisions above, if applicable, the following regulations
shall also apply to all non-tower wireless communication facilities
located in the rights-of-way (ROW), regardless of whether they constitute
a Substantial Change or not:
1.
Co-location. Non-tower WCFs in the ROW shall
be co-located on existing poles, such as existing utility poles or
light poles. IF co-location is not technologically feasible, the WCF
Applicant shall locate its non-tower WCF on existing poles or freestanding
structures that do not already act as Wireless Support Structures
with the Borough's approval.
2.
Design Requirements.
a.
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six (6) feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
b.
Antennae and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
c.
Compensation for ROW Use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Borough's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Borough's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Borough. The owner of each non-tower
WCF shall pay an annual fee to the Borough to compensate the Borough
for its costs incurred in connection with the activities described
above. The annual ROW management fee for non-tower WCFs shall be determined
by the Borough and authorized by resolution of Borough Council and
shall be based on the Borough's actual ROW management costs as applied
to such non-tower WCF.
3.
Time, Place and Manner. The Borough shall
determine the time, place and manner of construction, maintenance,
repair and/or removal of all non-tower WCFs in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Borough and the
requirements of the Public Utility Code.
4.
Equipment Location. Non-tower WCFs and accessory
equipment shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Borough. In addition:
a.
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or within an easement
extending onto a privately-owned lot.
b.
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Borough
Engineer, that ground-mounted equipment cannot be undergrounded, then
all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
c.
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
d.
Any graffiti on any wireless support structure or on any accessory
equipment shall be removed at the sole expense of the owner within
10 business days of notice of the existence of the graffiti.
e.
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Borough.
f.
Non-tower WCFs shall not be located within an easement other
than a utility easement.
g.
New ground mounted cabinets shall not be installed above ground
directly in front of a residential structure.
5.
Relocation or Removal of Facilities. Within
sixty (60) days following written notice from the Borough, or such
longer period as the Borough determines is reasonably necessary or
such shorter period in the case of an emergency, an owner of a WCF
in the ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any WCF when the Borough,
consistent with its police powers and applicable Public Utility Commission
regulations, shall have determined that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
a.
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way.
b.
The operations of the Borough or other governmental entity in
the right-of-way.
c.
Vacation of a street or road or the release of a utility easement.
d.
An emergency as determined by the Borough.
6.
The Borough shall be named as an additional insured on all applicable
insurance policies.
D.
Special Regulations Applicable to Route 322 Corridor and
Streetscapes Improvements. The following limitations are
placed upon any type of wireless communications facilities proposed
to be installed in any fashion within the right-of-way of Route 322,
within the sidewalks along Route 322 and within such adjacent areas
which have been improved by the government funded streetscapes improvement
project. Such funds have been utilized to construct streetscape improvements,
including sidewalks and streetlamps, to improve the overall appearance
of the Borough, and such improvements will continue to be made. To
allow facilities to be installed which would detract from the improvement
streetscape appearance and which are not part of the Borough's overall
planning would be in direct contradiction to the Borough's planning
and design process. Thus, the following additional regulations are
applicable to any and all proposed wireless communications facilities
along the Route 322 corridor within the Borough:
1.
Any proposed wireless communications facilities shall be required
to seek conditional use approval from the Borough.
2.
Any proposed Wireless Communications Facilities shall be designed
and situated to complement and enhance existing streetscape improvements
and satisfy the applicable provisions of Section 27-1103.C as part
of the conditional use process.
3.
Non-tower Wireless Communications Facilities may be permitted provided
the provisions of Section 27-1103.C can be satisfied as part of a
conditional use process before Borough Council. In addition, the installation
of such facilities shall not detract from the existing streetscape
improvements and shall only be installed if designed to complement
and add to the streetscape. The determination of such compatibility
shall be within the sole discretion of Borough Council.
[Ord. No. 247-2018, 9/17/2018]
A.
Tower-based Wireless Communication Facilities (WCF) shall be required
to meet the following standards and regulations:
1.
Residential Areas. No tower-based WCF shall
be located in a road right-of-way or within 500 feet of a lot in residential
use, regardless of zoning district. The distance from the base of
a proposed tower-based WCF to the nearest point on any lot line, lease
line and license line shall not be less than the full height of the
tower structure. No more than one tower-based WCF shall be placed
on any one lot, or leased or licensed parcel, nor within one thousand
feet (1,000') of another tower-based WCF.
2.
Gap in Coverage. An applicant for a tower-based
WCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of WCF being proposed is the least intrusive means by
which to fill that gap in wireless coverage. The existence or non-existence
of a gap in wireless coverage shall be a factor in the Borough's decision
on an application for approval of tower-based WCF's.
3.
Sole Use on a Lot. A tower-based WCF 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. A subdivision
plan shall be required for any lot or lease parcel created for occupancy
by a tower-based WCF and communications equipment building. A land
development plan shall be required prior to construction of any tower-based
WCF and communications equipment building.
4.
Combined with Another Use. A tower-based WCF
may be permitted on a property with an existing use or on a vacant
parcel in combination with another agricultural, industrial, commercial,
institutional or municipal use, subject to the following conditions:
a.
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the communications
facility.
b.
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
c.
Minimum Setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use.
5.
Notice. Upon receipt of an application for
a tower-based WCF, the Borough shall mail notice thereof to the owners
of all adjoining properties, and to the owners of every property within
five hundred (500) feet of the actual location of all improvements
related to the tower-based WCF.
6.
Co-location. An application for a new tower-based
WCF shall not be approved unless the Borough finds that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing or approved structure or building.
Any application for approval of a tower-based WCF shall include a
comprehensive inventory of all existing towers and other suitable
structures within a 2-mile radius from the point of the proposed tower,
unless the applicant can show to the satisfaction of the Borough that
a different distance is more reasonable, and shall demonstrate conclusively
why an existing tower or other suitable structure cannot be utilized.
7.
Standard of Design and Care. Any tower-based
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, the Uniform Construction Code (UCC), National Electric
Safety Code, National Electric Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Structure design certification from a Pennsylvania registered
professional engineer is required and the tower capacity shall be
indicated. Detailed construction and elevation drawings, indicating
antenna locations and mounting design, shall be submitted by the applicant.
Any tower-based 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.
8.
Design Regulations.
a.
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
b.
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough. The Borough reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Borough.
c.
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae for future users.
d.
Any Tower-Based WCF over forty (40) feet in height shall be
equipped with an anti-climbing device, as approved by the manufacturer.
9.
Wind. Any tower-based WCF structures shall
be designed to withstand the effects of wind according to the standard
design by the American National Standards Institute as prepared by
the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSFEINTIA-222-E Code,
as amended).
10.
Height. Any tower-based WCF shall be
designed at the minimum functional height and shall not exceed a maximum
total height of 150 feet, which height shall include all subsequent
additions or alterations. All tower-based WCF applicants must submit
documentation to the Borough justifying the total height of the structure.
11.
Lighting. Tower-based WCF shall not be
artificially lighted, except as required by law and as may be approved
by the Borough. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under State and Federal
regulations.
12.
Surrounding Environs.
a.
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.
b.
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/ETA 222-B, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF.
13.
Visual or Land Use Impact. The Borough
reserves the right to deny an application for the construction or
placement of any tower-based WCF based upon visual and/or land use
impact.
14.
Fence / Screen.
a.
A security fence having a minimum height of eight feet (8')
shall completely surround any tower-based WCF or any building housing
WCF equipment.
b.
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
c.
The WCF applicant shall submit a landscape plan for review and
approval by the Borough Planning Commission for all proposed screening.
15.
Identification. All tower-based WCF's
shall post a notice in a readily visible location identifying the
name and phone number of a party to contact in the event of an emergency,
subject to approval by the Borough.
16.
Historic Buildings or Districts. No tower-based
WCF may be located on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places or on any
property or structure which has been designated by the Borough as
being of historic significance.
17.
Appearance. Towers shall be galvanized
and/or painted with rust-preventive paint of an appropriate color
to harmonize with the surroundings.
18.
Accessory Equipment.
a.
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or enclosed in a structure. In
the event that an applicant can demonstrate that the equipment cannot
be located underground to the satisfaction of the Borough Engineer,
then the ground mounted equipment shall be screened from public view
using stealth technologies, as described above.
b.
All 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.
c.
The communications equipment building shall comply with the
required yards and height requirements of the applicable Zoning District
for a principal structure. Such building shall not exceed a maximum
footprint of 200 square feet. No building may be used as an office
or as a broadcast studio. Employees are permitted to visit the site
as often as necessary for maintenance and inspection of the building
and facility. No building or WCF may be used for long term vehicle
storage or for other outdoor storage.
19.
Additional Antennae. As a condition of
approval for all tower-based WCFs, the WCF applicant shall provide
the Borough with a written commitment that it will allow other service
providers to co-locate antennae on tower-based WCFs where technically
and economically feasible. The owner of a tower-based WCF shall not
install any additional antennae without obtaining the prior written
approval of the Borough.
20.
Public Safety Communications. No tower-based
WCF shall interfere with public safety communications or the reception
of broadband, television, radio or other communications services enjoyed
by occupants of nearby properties.
21.
Radio Frequency Emissions. No tower-based
WCF may, by itself or in conjunction with other WCF's, 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.
22.
Noise. Tower-based WCF's shall be operated
and maintained so as not to produce noise in excess of applicable
noise standards under State law and the Borough Code of Chapters,
except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis only.
23.
Aviation Safety. Tower-based WCFs shall
comply with all Federal and State laws and regulations concerning
aviation safety, and any applicable airport zoning regulations, if
any. The WCF applicant shall furnish a statement from the FCC, FAA
and Commonwealth Bureau of Aviation that the tower-based WCF complies
with applicable regulations or is exempt from these regulations.
24.
Access Road. A paved access road, of
at least ten feet (10') in width, in an easement of at least twenty
feet (20') in width, turnaround space and a minimum of one off-street
parking space shall be provided to ensure adequate emergency and service
access to tower-based WCF. 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 minimize soil erosion. Where applicable,
the WCF owner shall present documentation to the Borough that the
property owner has granted an easement for the proposed facility.
25.
Bond. Prior to the issuance of a permit,
the owner of a tower-based WCF shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Borough Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this Chapter. The bond shall provide that
the Borough may recover from the principal and surety any and all
compensatory damages incurred by the Borough for violations of this
Chapter, after reasonable notice and opportunity to cure. The owner
shall file the bond with the Borough.
26.
License and Insurance. In addition, The
applicant shall submit a copy of its current Federal Communications
Commission (FCC) license; the name, address and emergency telephone
number for the operator of the tower-based WCF or antennae; and 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 tower-based WCF, antenna, and related facilities.
27.
Timing of Approval. Within thirty (30)
calendar days of the date that an application for a tower-based WCF
is filed with the Borough, the Borough shall notify the applicant
in writing of any information that may be required to complete such
application. All applications for tower-based WCFs shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such tower-based WCF and the Borough shall advise
the applicant in writing of its decision. If additional information
was requested by the Borough to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the 150-day review period.
28.
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 tower-based WCF, as well as related inspection, monitoring and related
costs pursuant to a fee schedule adopted and as amended from time
to time by the Borough Council.
29.
Retention of Experts. The Borough may
hire any consultant(s) and/or expert(s) necessary to assist the Borough
in reviewing and evaluating the application for approval of the tower-based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this Chapter. The applicant
and/or owner of the WCF shall reimburse the Borough for all costs
of the Borough's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
30.
Nonconforming Uses. Nonconforming tower-based
WCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location, but must
otherwise comply with the terms and conditions of this Chapter.
31.
Maintenance. The following maintenance
requirements shall apply:
a.
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
b.
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Borough's
residents.
c.
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
32.
Inspection. The Borough reserves the
right to inspect any tower-based WCF to ensure compliance with the
provisions of this Chapter 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 property upon which a WCF is
located at any time, upon reasonable notice to the operator, to ensure
such compliance.
33.
Removal. In the event that use of a tower-based
WCF 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:
a.
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within twelve (12) months of the cessation of operations
at the site unless a time extension is approved by the Borough.
b.
If the WCF and/or accessory facility is not removed within twelve
(12) months of the cessation of operations at a site, or within any
longer period approved by the Borough, the WCF and accessory facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF.
c.
Any unused portions of tower-based WCFs, including antennas,
shall be removed within twelve (12) months of the time of cessation
of operations. The Borough must approve all replacements of portions
of a tower-based WCF previously removed.
[Ord. No. 256-2021, 12/20/2021]
A.
Timing of Approvals. Applications for installation
of any and all commercial communications antennas and wireless communications
facilities shall be processed in a timely manner and in compliance
with the required time frames for municipal review and action as established
by state and federal law and regulations, as such may be amended.
B.
Permit Fees. The Borough may assess appropriate,
fair and reasonable permit fees directly related to the Borough's
actual costs in reviewing and processing applications for approval
of wireless communications facilities as set forth in fee schedules
established by the Borough, and in compliance with any limitations
set by state and federal law.
C.
Consistency with State and Federal Laws and Regulations. The provisions contained herein regulating wireless communications
facilities are intended to comply with federal and state laws and
regulations in effect as of the date of adoption of this section.
To the extent that any of the provisions in this section conflict
with any federal or state statute or regulations, the federal or state
statutes or regulations shall control unless the applicable federal
or state statutes or regulations allow for more stringent provisions
in local ordinances. In which case, the more stringent provisions
of local ordinances shall remain in effect and shall control in such
instances.
