[Added 4-2-1997 by Ord. No. 1602; amended 5-16-2018 by Ord. No. 2018-1909]
This article shall be known as "Wireless Communication Facilities."
A.Â
To establish uniform standards for the siting, design, permitting,
construction, operation, inspection, maintenance, repair, modification,
removal and replacement of wireless communications facilities pursuant,
but not limited to, the federal Telecommunications Act[1] of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the
federal Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum
Act") Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations
promulgated thereunder by the Federal Communications Commission ("FCC"),
including the FCC's Report and Order of October 21, 2014, FCC 14-153
(rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation
Act ("Act 191"), 53 P.S. § 11702.1 et seq., in the Borough;
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
B.Â
To establish standards for satellite dishes in accordance with FCC
rules and regulations, while minimizing their visual impact;
C.Â
To plan for, and accommodate the managed deployment of, infrastructure
that is necessary to accommodate the wireless communications needs
of the Borough's residents, businesses and emergency service providers,
while balancing the benefit of wireless communications facilities
in providing high-quality communications service and enhancement to
its residents, businesses and emergency service providers, and the
Borough's obligation to protect public safety, through the standards
set forth in the following provisions.
As used in this article, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
Poles, wires, cables, equipment, and other facilities located
above the surface of the ground, including their underground supports
and foundations. Such term does not include private driveways, newspaper
vending machines, street banners, canopies or other minor obstructions
located in the rights-of-way.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. In §§ 405-3107 and 405-3108, an antenna shall include private residence-mounted satellite dishes, television antennas, and amateur radio equipment including, without limitation, ham or citizen band radio antennas.
The vertical distance measured from the base of the wireless
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
A station at a specified site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
(i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave
transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this article, supports or houses equipment described in Subsections A and B of this definition, that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
Borough of Lansdale, Montgomery County, Pennsylvania.
The Code of the Borough of Lansdale, Montgomery County, Pennsylvania.
The person engaged by the Borough to perform engineering
services on behalf of the Borough.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Amended 2-16-2022 by Ord. No. 2022-1956]
Network of spatially separated antenna sites connected to
a common source, that provides wireless service within a geographic
area or structure.
Any tower or base station, existing at the time the relevant
application is filed.
A condition that:
An area surrounding, or adjacent to, a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
Federal Aviation Administration.
Federal Communications Commission.
A tensioned cable providing stability to a wireless communication
tower. A guyed tower is anchored by cables.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
A WCF or site which consists of a single-pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
Wireless communications facilities located on existing structures,
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited-liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Borough, or to any department or agency of
the Borough.
The commonwealth administrative agency, or lawful successor
thereto, authorized to regulate and oversee public utilities and telecommunications
providers and telecommunications services in the Commonwealth of Pennsylvania,
to the extent provided by law.[1]
The replacement of wireless support structures, or existing
wireless telecommunications facilities on an existing wireless support
structure, or within an existing equipment compound, due to maintenance,
repair or technological advancement with equipment composed of the
same wind loading and structural loading that is substantially similar
in size, weight and height as the wireless telecommunications facilities
initially installed and that does not substantially change the physical
dimensions of the existing wireless support structure.
The surface and space in, on and above any real property
in which the Borough has an interest in law or in equity, including,
but not limited to, any public street, boulevard, avenue, road, highway,
easement, freeway, alley, court, or any other place, other than real
property owned in fee by the Borough.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower, and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure, and to other transmission
equipment already deployed on the ground.
A wireless communications facility meets the following criteria:
[Added 2-16-2022 by Ord. No. 2022-1956]
The wireless support structure on which antenna facilities are
mounted:
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume; and
All accessory equipment associated with the wireless support
structure including the wireless equipment associated with the antenna
and any preexisting associated equipment on the wireless support structure,
is cumulatively no more than 28 cubic feet in volume.
The wireless communications facility does not require antenna
structure registration under 47 CFR Part 17;
The wireless communications facility is not located on tribal
lands, as defined under 36 CFR 800.16(x); and
The wireless communications facility does not result in human
exposure to radio-frequency radiation in excess of the applicable
safety standards specified in 47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing,
or blend the proposed facility into the existing structure, or visual
backdrop, in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flag poles and light poles.
The surface of and the space above and below any public street,
public road, public highway, public freeway, public lane, public path,
public way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or right-of-way
now or hereafter held by the Borough, which shall entitle the grantee
to the use thereof for the purpose of installing or transmitting over
poles, wires, cables, conductors, duct, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may be ordinarily
necessary and pertinent to a system.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
[Amended 2-16-2022 by Ord. No. 2022-1956]
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
A person who provides telecommunications service over telecommunications
facilities.
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
A system that offers telecommunications service.
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services (i.e., Wi-Fi)
and fixed wireless services (i.e., point-to-point microwave transmission)
such as microwave backhaul, and the associated site. A building, water
tower, electrical transmission tower, utility pole, light pole, traffic
signal pole, flag pole or other similar structure designed and constructed
for a sole or primary purpose other than supporting any FCC-licensed
or authorized antennas and their associated facilities shall not be
considered a tower.
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (i.e., building, water tower,
utility pole, light pole, traffic signal pole, flag pole or other
similar structure) to support the weight of a WCF is not considered
a new tower-based WCF.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for aerial facilities.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
("PCS"), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned land or property.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower, buildings,
light poles, utility poles, traffic signals and other similar structures,
that could support the placement or installation of wireless telecommunications
facilities if approved by the Borough.
[1]
Editor's Note: The former definition of "related equipment,"
which immediately followed this definition, was repealed 2-16-2022
by Ord. No. 2022-1956.
A.Â
Permitted in all zones subject to regulations. Non-tower WCFs are
permitted in all zones, subject to the restrictions and conditions
prescribed below, and subject to applicable permitting by the Borough.
C.Â
Standard of care. All non-tower WCFs 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, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors.
D.Â
Maintenance. All non-tower WCFs 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. The following maintenance requirements shall apply:
(1)Â
All non-tower WCFs shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(2)Â
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.
(3)Â
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
E.Â
Wind. All non-tower WCFs and related equipment shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA-222-G, as amended).
F.Â
Aviation safety. All non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
G.Â
Public safety communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
H.Â
Radio frequency emissions. No non-tower WCF may, by itself or in
conjunction with other non-tower or tower-based WCFs, generate radio-frequency
emissions in excess of FCC standards and regulations, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radiofrequency Electromagnetic Fields," as amended.
I.Â
Noise. Non-tower WCFs 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.
J.Â
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 non-tower WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this article. The applicant and/or owner of the
non-tower 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.
K.Â
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 non-tower WCF, as well
as related inspection, monitoring and related costs.
L.Â
Historic buildings or districts. No non-tower WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places or the official historic
structures and/or historic districts list maintained by the Borough,
or that has been designated by the Borough as being of historic significance.
M.Â
Discontinuation, abandonment, and 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
thereof shall be removed as follows:
(1)Â
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site, unless a time extension is approved by the Borough.
(2)Â
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Borough, the WCF and/or associated facilities and
equipment may be removed by the Borough, and the cost of removal assessed
against the owner of the WCF.
N.Â
Insurance. Each person that owns or operates a non-tower WCF shall
provide the Borough with a certificate of insurance, evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence,
and property damage coverage in the amount of $1,000,000 per occurrence
covering the non-tower WCF.
O.Â
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 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.
P.Â
In addition to the requirements set forth in Subsections A to O of this section, the following requirements shall apply to all non-tower WCFs that substantially change the physical dimensions of the wireless support structure to which they are attached:
(1)Â
Special exception authorization required. Any WCF applicant
proposing the construction of a new non-tower WCF, or the modification
of an existing non-tower WCF, shall first obtain a special exception
authorization from the Borough. The special exception application
shall demonstrate that the proposed facility complies with all applicable
provisions of the district, set forth in the Borough's Zoning Ordinance.
(2)Â
Notice. Upon submission of an application for a non-tower WCF
that substantially changes the physical dimensions of the wireless
support structure, the applicant shall mail notice to all owners of
every property within 500 feet of the proposed facility. The applicant
shall provide proof of the notification to the Borough.
Q.Â
Aesthetic, or land use impact. All non-tower WCFs shall be aesthetically
and architecturally compatible with the surrounding environment and
the characteristics of the applicable zoning district.
R.Â
In addition to the requirements in Subsections A to Q above, the following regulations shall apply to all co-located non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(1)Â
Building permit required. WCF applicants proposing the modification
of an existing tower-based WCF shall obtain a building permit from
the Borough. 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.
(2)Â
Timing of approval for applications subject to the WBCA. 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 60 calendar days of receipt of a complete application,
the Borough shall make its final decision on whether to approve the
application and shall advise the WCF applicant in writing of such
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 Borough's
sixty-day review period. The timing requirements in this section shall
only apply to proposed facilities that fall under the Pennsylvania
Wireless Broadband Collocation Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(3)Â
Accessory equipment. Ground-mounted accessory equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use.
(4)Â
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 or
$1,000, whichever is less.
S.Â
Replacement, co-location, or modification.
(1)Â
An application for replacement, co-location, or modification
of a previously approved WCF or wireless support structure shall be
reviewed in conformance with the Borough's building permit requirements,
including requirements applicable to the added structural loading
of the proposed antennas and accessory equipment. These previously
approved facilities shall not be subject to the issuance of new zoning
or land use approvals, or review beyond the initial zoning or land
use approvals issued for the previously approved wireless support
structure or WCF, provided the proposed co-location, modification,
or replacement does not substantially change the physical dimensions
of the wireless support structure to which the WCFs are to be attached.
(2)Â
Timing of approval. Within 30 calendar days of the date than
an application for modification or co-location 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 90 calendar
days of receipt of a complete application, the Borough shall make
its final decision regarding whether to approve or deny 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 application shall
not be counted toward the Borough's ninety-day review period.
(3)Â
Replacement of WCFs on existing wireless support structures,
or within existing equipment compounds, may be performed by the applicant
without obtaining building permits or zoning relief from the Borough,
provided that the replacement does not substantially change the dimensions
of the underlying wireless support structure.
(4)Â
Mounting. An applicant proposing to mount a non-tower WCF on
a building or any other structure shall submit detailed construction
and elevation drawings, indicating how the WCF will be mounted on
the existing structure, for review by the Borough, for compliance
with the Borough's Building Code.
The following additional regulations shall apply to non-tower
WCFs located outside the ROW, that substantially change the wireless
support structure to which they are attached:
A.Â
Special exception. If co-location of the non-tower WCF is not technologically
feasible, the applicant shall apply to the Zoning Hearing Board for
a special exception. The applicant's application for a special exception
shall include proof to the Zoning Hearing Board that co-location is
not technologically feasible.
B.Â
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)Â
Such WCF does not exceed the lesser of a total maximum height
of 15 feet, or the maximum height permitted in the underlying zoning
district. If the planned non-tower WCF exceeds this height specification,
the WCF applicant shall obtain a variance. In order to obtain such
variance, the WCF applicant shall provide documentation showing that
the excess height is necessary and the least intrusive method of providing
wireless service.
(2)Â
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(3)Â
A security fence of not less than six feet in height 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.
C.Â
Design regulations.
(1)Â
Non-tower WCFs shall employ stealth technology, and be treated
to match the supporting structure, in order to minimize aesthetic
impact. The application of the stealth technology chosen by the WCF
applicant shall be subject to the approval of the Borough.
(2)Â
All non-tower WCF applicants must submit documentation to the
Borough, justifying the total height of the non-tower WCF. Such documentation
shall be analyzed in the context of such justification on an individual
basis.
(3)Â
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(4)Â
Noncommercial usage exemption. The design regulations enumerated
in this section shall not apply to direct-broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
D.Â
Removal, replacement, modification.
(1)Â
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 number of antennas.
(2)Â
Any substantial modification to a non-tower WCF shall require
a prior amendment to the original permit or authorization.
E.Â
Inspection. The Borough reserves the right to inspect any non-tower
WCF, to ensure compliance with the provisions of this article, 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 non-tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
[Added 2-16-2022 by Ord. No. 2022-1956]
A.Â
Permitted locations.
(1)Â
Small WCFs located in the ROW and co-located small WCFs located outside the ROW shall be a permitted use in all Borough zoning districts, subject to the requirements of this § 405-3105 and generally applicable permitting as required by the Borough Code.
B.Â
Right-of-way permit. Applicants seeking to install small WCFs and/or
related equipment in the ROW must obtain a ROW permit, and submit
an executed ROW agreement to the Borough.
C.Â
Application requirements. Applications for small WCFs shall be submitted
to the Borough Code Enforcement Officer and shall include the following:
(1)Â
The name and contact information, including phone number, mailing
address, and email for both the applicant and the owner of the proposed
small WCF.
(2)Â
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small WCF, and a certification
that the applicant has included all information required by the Borough
Code, signed by a representative of the applicant.
(3)Â
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the small WCF.
(a)Â
If the small WCF is proposed for location on an existing or
replacement wireless support structure that currently supports existing
attachments, the depiction shall show the location and dimensions
of all such attachments.
(b)Â
If installation of a new or replacement wireless support structure
is being proposed, the depiction shall include the color, dimensions,
material and type of wireless support structure proposed.
(4)Â
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small WCF.
(5)Â
An aerial photograph of the proposed site showing the area within
500 feet of the small WCF. The aerial photograph shall identify all
structures within such radius.
(6)Â
Photo simulations depicting the small WCF from at least three
locations near the proposed site. The photo simulations should reflect
the proposed design and location of all equipment associated with
the small WCF.
(7)Â
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
(8)Â
A report by a qualified engineering expert which shows that
the small WCF will comply with applicable FCC regulations, including
applicable standards for radiofrequency emissions.
(11)Â
All application fees required by the Borough as detailed in
the Borough fee schedule.
D.Â
(Reserved)
E.Â
Timing of approval.
(1)Â
Within 10 business days of the date that an application for
a small WCF is filed with the Borough Code Enforcement Officer, the
Borough shall notify the applicant in writing of any information that
may be required to complete such application. The applicant may then
resubmit its application, at which point the applicable timeframe
for approval shall restart. Any subsequent notice of incompleteness
shall be issued within 10 business days of receipt of a resubmitted
application and shall toll the applicable timeframe for approval until
such time as the application is resubmitted.
(2)Â
Within 60 days of receipt of an application for co-location
of a small WCF on a preexisting wireless support structure, the Borough
Code Enforcement Officer shall make a final decision on whether to
approve the application and shall notify the applicant in writing
of such decision.
(3)Â
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new or replacement wireless support
structure, the Borough Code Enforcement Officer shall make a final
decision on whether to approve the application and shall notify the
applicant in writing of such decision.
(4)Â
If the Borough denies an application for a small WCF, the Borough
shall provide the applicant with written documentation of the basis
for denial, including the specific provisions of the Borough Code
on which the denial was based, within five business days of the denial.
(5)Â
The applicant may cure the deficiencies identified by the Borough
and resubmit the application within 30 days of receiving the written
basis for the denial without being required to pay an additional application
fee. The Borough shall approve or deny the revised application within
30 days of the application being resubmitted for review.
F.Â
Consolidated applications. A single applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 405-3105E shall be extended by 15 days.
G.Â
Standard of care. All small WCFs 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, and the structural standards of the
American Association of State Highway and Transportation Officials
or any other industry standard applicable to the structure.
H.Â
Maintenance. All small WCFs 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. The following maintenance requirements shall apply:
(1)Â
All small WCFs shall be fully automated and unattended on a
daily basis and shall be visited only for maintenance or emergency
repair.
(2)Â
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.
(3)Â
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
I.Â
Wind. All small WCFs and related equipment shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA-222-G, as amended).
J.Â
Public safety communications. No small WCF shall interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
K.Â
Radio-frequency emissions. No small WCF may, by itself or in conjunction
with other WCFs, generate radio-frequency emissions in excess of FCC
standards and regulations, including but not limited to, the FCC Office
of Engineering Technology Bulletin 65, entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic
Fields," as amended.
L.Â
Noise. Small WCFs 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.
M.Â
Location and development standards.
(1)Â
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
(2)Â
All small WCFs shall comply with the applicable requirements
of the Americans with Disabilities Act and all Borough Code requirements
applicable to streets and sidewalks.
N.Â
Time, place and manner. Once approved, the Borough shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
O.Â
Attachment to municipal structures. The Borough shall allow the co-location
of small WCFs to structures owned by the Borough in accordance with
the hierarchy detailed in this section. Such attachment shall be conditioned
upon the execution of a valid pole attachment agreement with the Borough.
If the WCF applicant is proposing the co-location of a small WCF on
a lower priority structure, it shall be a condition to the approval
of the application that the WCF applicant provide evidence that co-location
on a higher priority structure or wireless support structure owned
by a third-party is not technically feasible. In order from most preferable
to least preferable, the Borough's co-location preferences are
as follows.
P.Â
Obstruction. Small WCFs and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Borough.
Q.Â
Graffiti. Any graffiti on a small WCF, including the wireless support
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 10 calendar days of notification by the
Borough.
R.Â
Design standards. All small WCFs in the Borough shall comply with
the requirements of the Borough Small Wireless Communications Facility
Design Manual. A copy of such shall be kept on file at the Borough
Department of Code Enforcement.
S.Â
Obsolete equipment. The WCF applicant shall remove any obsolete or
abandoned equipment from the wireless support structure.
T.Â
Relocation or removal of facilities. Within 90 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 small 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, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(1)Â
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)Â
The operations of the Borough or other governmental entity in
the right-of-way;
(3)Â
Vacation of a street or road or the release of a utility easement;
or
(4)Â
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Borough.
U.Â
Time limit for completion of construction. The proposed co-location,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Borough
and the WCF applicant agree in writing to extend the period.
V.Â
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Borough's
right to fix annually a fair and reasonable fee 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 small WCF
shall pay an annual fee to the Borough to compensate the Borough for
the Borough's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
W.Â
Insurance. Each person that owns or operates a small 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 small WCF.
X.Â
Indemnification. Each person that owns or operates a small WCF shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Borough, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with, any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a small 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 small 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.
[Added 2-16-2022 by Ord. No. 2022-1956]
A.Â
General requirements.
(1)Â
Permitted by special exception. Any applicant proposing the construction of a new tower-based WCF, or the modification of an existing tower-based WCF, which substantially changes the WCF or support structure, as defined in § 405-3102, shall apply to the Zoning Hearing Board for a special exception.
(2)Â
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 article.
(3)Â
Standard of care. All tower-based WCFs 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, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors.
(4)Â
Notice. Upon submission of an application for a tower-based
WCF, the applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Borough.
(5)Â
Co-location and siting. An application for a new tower-based
WCF shall not be approved, unless the Zoning Hearing Board finds that
the wireless communications equipment planned for the proposed tower-based
WCF cannot be accommodated on an existing or approved structure or
building. The WCF applicant shall demonstrate that it contacted the
owners of structures, buildings, and towers within a 1/4 of a mile
radius of the proposed site, sought permission to install an antenna
on those structures, buildings and towers, and was denied for one
of the following reasons:
(a)Â
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost;
(b)Â
The proposed antenna and related 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)Â
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)Â
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(6)Â
Gap in coverage or capacity. A WCF applicant for a tower-based
WCF must demonstrate that a significant gap in wireless coverage or
capacity exists with respect to its provision of service 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 or capacity.
The existence or nonexistence of a gap in coverage or capacity shall
be a factor in the Borough's decision to grant or deny an application
for tower-based WCFs.
(7)Â
Additional antennas. 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 antennas on
its tower-based WCF, where technologically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining prior written approval from the Borough.
(8)Â
Siting.
(a)Â
Tower-based WCFs outside the ROW. No tower-based WCF shall be
sited or constructed within 1,500 feet of any other tower-based WCF.
(b)Â
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 Register of Historic Places or the official historic
structures and/or historic districts list maintained by the Borough,
or that has been designated by the Borough as being of historic significance.
(9)Â
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants shall submit documentation
to the Borough, justifying the total height of the structure.
(a)Â
The maximum total height of any tower-based WCF shall not exceed
130 feet, as measured vertically from the ground level, to the highest
point on the structure, including antennas and subsequent alterations.
Equipment buildings, cabinets, and accessory structures shall not
exceed 15 feet in height.
(10)Â
Related equipment. Any telecommunication equipment building,
or any other structure associated with a tower-based WCF shall meet
the height and setback requirements for principal buildings in the
zoning district in which the building is located. When a zoning district
contains more than one set of setback requirements, the largest setback
requirement shall apply.
(11)Â
Signs. All tower-based WCFs shall contain a sign in a readily
visible location, identifying the name and phone number of a party
to contact in the event of an emergency. Absent any controlling FAA
or FCC regulations, no additional signage shall be permitted.
(12)Â
Lighting. No tower-based WCF shall be artificially lighted,
except when required by the FAA. 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.
(13)Â
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color, to harmonize with the
surroundings.
(14)Â
Maintenance. All tower-based WCFs 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. The following maintenance requirements
shall apply:
(a)Â
All tower-based WCFs shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)Â
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)Â
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(15)Â
Discontinuation, abandonment, and 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 thereof, shall be removed as follows:
(a)Â
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site, unless an extension of time is approved by the Borough.
(b)Â
If the WCF and/or accessory facility is not removed within six
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)Â
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Borough must approve all replacements of portions of a previously
removed tower-based WCF.
(16)Â
FCC license. Each person that owns or operates a tower-based
WCF, shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(17)Â
Insurance.
(a)Â
Each person that owns or operates a tower-based WCF greater
than 40 feet in height, shall provide the Borough with a certificate
of insurance, evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence, and property damage coverage
in the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF.
(b)Â
Each person that owns or operates a tower-based WCF 40 feet
or less in height, shall provide the Borough with a certificate of
insurance, evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence, and property damage coverage in the
minimum amount of $1,000,000 per occurrence covering the tower-based
WCF.
(18)Â
Indemnification. Each person that owns or operates a tower-based
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 tower-based WCF. Each person that owns or operates
a tower-based 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 tower-based 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.
(19)Â
Plans and drawings. All plans and drawings for a tower-based
WCF, shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(20)Â
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 article. The applicant and/or
owner of the tower-based 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.
(21)Â
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 tower-based
WCF, as well as related inspection, monitoring and related costs.
(22)Â
Vehicular access.
(a)Â
An access driveway and one off-street parking space shall be
provided to ensure adequate emergency and service access, to all tower-based
WCFs.
(b)Â
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(c)Â
Where possible, access driveway construction shall at all times
minimize ground disturbance, and the cutting of vegetation.
(d)Â
Access driveway grades shall closely follow natural contours
to assure minimal visual disturbance and minimize soil erosion.
(e)Â
Applicants shall present documentation to the Borough, that
the property owner has granted an access easement for the proposed
WCF, if located on a lot or property.
(f)Â
Any required access easement shall be a minimum of 20 feet in
width, and the access driveway shall be improved with a dust-free,
all weather surface, including gravel, to a width of at least 10 feet
throughout its entire length.
(g)Â
Vehicular access to all tower-based WCFs shall not interfere
with the parking or vehicular circulations for a principal use, if
located on the lot or property. However, where appropriate and available,
existing parking for the principal or other uses on the lot or property
may be utilized.
B.Â
Development regulations.
(1)Â
Location. No tower-based WCF shall be located within 500 feet
of a lot in residential use, or a residential district boundary.
(2)Â
Sole use on a lot. A tower-based WCF shall not be permitted
as a sole use on a lot.
(3)Â
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 use, except residential, subject to the following conditions:
(a)Â
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)Â
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)Â
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, or a residential district boundary.
C.Â
Design regulations.
(1)Â
The tower-based WCF shall employ stealth technology and be treated
to match the supporting structure, in order to minimize aesthetic
impact. The application of the stealth technology chosen by the WCF
applicant shall be subject to the approval of the Borough.
(2)Â
Aesthetic or land use impact. All tower-based WCFs shall be
aesthetically and architecturally compatible with the surrounding
environment and the characteristics of the applicable zoning district.
(3)Â
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Borough.
(4)Â
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas, and comparable antennas for future users.
(5)Â
Surrounding environs.
(a)Â
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)Â
Soil report. The WCF applicant shall submit a soil report to
the Borough prior to construction, complying with the standards of
geotechnical investigations (ANSI/EIA-222-G, as amended), to document
and verify the design specifications of the foundation of the tower-based
WCF, and anchors for any guy wires.
(6)Â
Fence/screen.
(a)Â
Security fence. A security fence having a minimum height of
six feet, shall completely surround any tower-based WCF, as well as
guy wires, or any building housing WCF equipment.
(b)Â
Screening. Evergreen trees, a minimum of four feet in height,
shall be planted immediately adjacent to the fencing, at an interval
of not greater than three feet apart, except that portion of the fence
where an access gate is located.
(c)Â
Landscaping. Landscaping shall be installed to screen and buffer
the tower, and any ground level features, such as an equipment building,
from adjacent properties. The landscaping shall comply with the landscaping
and buffering requirements of the Borough's Subdivision and Land
Development Ordinance[1] and shall preserve existing vegetation around the WCF,
to the greatest extent possible. The WCF applicant shall submit a
plan prepared by a landscape architect, depicting the landscaping
proposed to screen and buffer the WCF, for review and approval by
the Borough Planning Commission.
(7)Â
Accessory equipment.
(a)Â
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be screened from public view, using stealth
technologies as described above. In the event the WCF applicant demonstrates
that the equipment cannot be screened from public view, using stealth
technologies described above, the WCF applicant shall locate the equipment
underground in compliance with all applicable provisions found within
the Borough Code, or state or federal law, and to the satisfaction
of the Borough Engineer.
(b)Â
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.
B.Â
Commercial dishes and antennas include, but are not limited to, the
following: fixed-point microwaves used by telephone or other companies;
two-way radio from a base to land-mobile antennas (such as radio-dispatched
taxis); commercial AM and FM radio antennas; commercial UHF and VHF
television antennas; and antennas and dishes used for restaurants,
offices, industries or other business. Wireless communication facilities
are specifically excluded.
C.Â
No dish or antenna shall be located between the building and street
line. The dish or antenna shall be installed in the location that
will best shield the view of the dish or antenna from the street,
or from neighboring properties.
D.Â
No dish or antenna shall be permitted within that portion of a yard
required to be a landscaped buffer area, by any provision of this
article.
E.Â
No ground-mounted satellite dish shall exceed eight feet in height.
F.Â
Setbacks for all satellite dishes and antennas shall be as follows:
(1)Â
If the satellite dish is mounted on the ground, the building
setbacks required by the underlying zoning district shall apply, except
that in no case shall the setbacks be less than the height of the
antenna or five feet, whichever is larger.
(2)Â
If the satellite dish or antenna is mounted on the roof, it
shall be no less than five feet from any property line or party wall.
A.Â
A private noncommercial satellite dish (hereinafter referred to as
a "dish") or noncommercial radio and television antenna is permitted
in any zoning district according to the provisions of this section
and are only permitted as an accessory use. Private noncommercial
uses include dishes and antennas for home use, ham radio, citizen
band (CB) radio and two-way or one-way radio for public safety. Fixed-point
microwaves used by telephone or other companies, two-way radio from
a base to land-mobile antennas (such as radio-dispatched taxis), commercial
AM and FM radio antennas, commercial UHF and VHF television antennas
and cellular communications antennas are specifically excluded. No
dish or antenna may be used for commercial purposes, if it is located
in a residential district.
B.Â
No dish or antenna shall be located between the building and the
street line. If roof mounted, the dish or antenna shall be located
on the rear portion of the building. In general, the dish or antenna
shall be installed in the location that will best shield the view
of the dish or antenna from the street and from neighboring properties.
C.Â
No dish or antenna shall be permitted within that portion of a yard
required to be a landscaped buffer area, by any provision of this
article.
D.Â
No dish shall exceed six feet in diameter. No roof-mounted dish shall
project more than three feet from the roof. No ground-mounted dish
shall exceed six feet in height.
E.Â
Setbacks for all satellite dishes and antennas shall be as follows:
(1)Â
If the satellite dish is mounted on the ground, the building
setbacks required by the underlying zoning district shall apply, except
that in no case shall the setbacks be less than the height of the
antenna or five feet, whichever is larger.
(2)Â
If the satellite dish or antenna is mounted on the roof, it
shall be no less than five feet from any property line or party wall.
