[Added 10-10-2016 by Ord.
No. 1815]
As used in this article, the following terms shall have the
meanings indicated:
Any entity or person who applies for a wireless communications
facility building permit, zoning approval and/or permission to use
the public right-of-way, City-owned land, or other property.
The mounting of one or more telecommunications antennas on
an existing telecommunications tower, or on any structure that has
been approved by the City to support at least one telecommunications
antenna.
A condition that: (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or (2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services it provides.
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a telecommunications tower,
including telecommunications antennas mounted on the tower and any
other appurtenances.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a telecommunications tower or telecommunications
antenna. By way of illustration, not limitation, related equipment
includes generators and base stations.
Camouflaging methods applied to wireless communications 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 rend it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screen roof-mounted
antenna, building-mounted antennas painted to match the existing structure,
and facilities constructed to resemble trees, shrubs, flagpoles and
light poles.
A modification to an existing wireless communications facility
that changes the physical dimensions of a telecommunications tower
or base station, if it meets any of the following criteria:
For a telecommunications tower outside the public rights-of-way:
It increases the height of the facility by more than 10% or
by the height of one additional antenna array with separation from
the nearest existing antenna not to exceed 20 feet, whichever is greater;
or
It protrudes from the edge of the wireless communications facility
by more than 20 feet or more than the width of the tower structures
at the level of the appurtenance, whichever is greater.
For a telecommunications tower in the public rights-of-way:
It increases the height of the facility by more than 10% or
10 feet, whichever is greater; or
It protrudes from the edge of the structure by more than six
feet; or
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets; or
It entails any excavation or deployment outside the current
site of the telecommunications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the telecommunications tower, unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
Any antenna and related equipment attached to a wireless
support structure. Telecommunications antennas shall not include support
structures for antenna or any related equipment that is mounted to
the ground or at ground level.
Any structure that is constructed for the primary purpose
of supporting one or more telecommunications antenna, including, but
not limited to, self-supporting lattice towers, guy towers and monopoles.
Distributed antenna system hub facilities are considered to be telecommunications
towers.
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, PCS, microwave, satellite or
radio signals.
The antennas, 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.
A freestanding structure, such as telecommunications tower
or any other support structure, that could support the placement or
installation of a wireless communications facility, if approved by
the City.
The following regulations shall apply to all telecommunications
antennas, except those operated by a federally licensed amateur radio
operator:
A.Â
Standard of care. All telecommunications antennas 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 Pennsylvania Uniform Commercial Code, American
National Standards Institute (ANSI) Code, and the National Electrical
Code. Any telecommunications antennas 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 nor damage any property in the City.
B.Â
Permitted in all zoning districts pursuant to regulation. Telecommunications
antennas are permitted pursuant to this article in all zoning districts,
so long as they comply with all of the terms and conditions of this
article.
C.Â
Historic areas. No telecommunications antenna may be located upon
any property or upon a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places (either
inside of or out of the public rights-of-way), or that is deemed by
the City to be of specific historical significance.
D.Â
Wind. All telecommunications antennas structures shall be designed
to withstand the effects of wind gusts of at least 100 miles per hour
in addition to the standard designed by the American National Standards
Institute as prepared by the engineering departments of the Electronics
Industry Association and the Telecommunications Industry Association
(ANSI/TIA-222, as amended).
E.Â
Aviation safety. Telecommunications antennas shall comply with all
federal and state laws and regulations concerning aviation safety.
F.Â
Public safety communications and other communications services. Telecommunications
antennas shall not interfere with public safety communications or
the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
G.Â
Radio frequency emissions. A telecommunications antenna shall not,
by itself or in conjunction with other telecommunications antennas
and/or telecommunications towers, 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.
H.Â
Removal. In the event that use of a telecommunications antenna is
discontinued, the owner shall provide written notice to the City of
its intent to discontinue use and the date when the use shall be discontinued.
Unused or abandoned telecommunications antennas or portion of telecommunications
antennas shall be removed as follows:
(1)Â
All abandoned or unused telecommunications antennas and related
equipment shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the City.
(2)Â
If the telecommunications antenna or related equipment is not
removed within two months of the cessation of operations at a site,
or within any longer period approved by the City, the telecommunications
antenna and/or related equipment may be removed by the City. As security,
the City reserves the right to the salvage value of any removed telecommunications
antenna and/or related equipment, if such telecommunications antenna
and/or related equipment are not removed by the owner within the specific
time frame enumerated in this article.
I.Â
Insurance. Each person who owns or operates a telecommunications
antenna shall provide the City with a certificate of insurance, naming
the City as an additional insured, and 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 telecommunications antenna.
J.Â
Indemnification. Each person who owns or operates a telecommunications
antenna shall, at its sole cost and expense, indemnify, defend and
hold harmless the City, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the telecommunications antenna. Each person who owns
or operates a telecommunications antenna shall defend any actions
or proceedings against the City 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 telecommunications
antenna. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorney's fees, reasonable expert
fees, court costs and other costs of indemnification.
K.Â
To the extent permitted by law, the following maintenance requirements
shall apply:
(1)Â
The telecommunications antenna 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 City's
residents.
(3)Â
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
L.Â
Removal, replacement and modification.
(1)Â
To the extent permitted by law, the removal and replacement
of telecommunications antennas and/or related equipment for the purpose
of upgrading or repairing the telecommunications antenna is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the wireless support structure or the numbers of telecommunications
antennas.
(2)Â
To the extent permitted by state law, any material modification
to a telecommunications antenna shall require notice to be provided
to the City, and possible supplemental permit approval to the original
permit or authorization.
In addition to the regulations enumerated in § 450-118, the following regulations shall apply only to telecommunications antenna that fall under the Pennsylvania Wireless Broadband Collocation Act:
A.Â
Permit required. Telecommunications antenna applicants proposing
the modification of an existing telecommunications tower, which does
not substantially change the dimensions of the existing structure,
shall obtain a building permit from the City. In order to be considered
for such permit, the applicant must submit a permit application to
the City in accordance with applicable permit policies and procedures.
B.Â
Timing of approval for applications that fall under the WBCA. Within
30 calendar days of the date that an application for a telecommunications
antenna is filed with the City, the City shall notify the 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 City shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision.
C.Â
Related equipment. Ground-mounted related equipment greater than
three cubic feet shall not be located within 100 feet of a lot in
residential use or zoned residential.
D.Â
Permit fees. The City may assess appropriate and reasonable permit
fees directly related to the City's actual costs in reviewing and
processing the application for approval of a telecommunications antenna
or $1,000, whichever is less.
In addition to the regulations enumerated in § 450-118, the following regulations shall apply to telecommunications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act:
A.Â
Prohibited on certain structures. No telecommunications antenna shall
be located on single-family residences, duplexes or townhouses.
B.Â
Retention of experts. The City may hire any consultant(s) and/or
expert(s) necessary to assist the City in reviewing and evaluating
the application for approval of the telecommunications antenna and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these telecommunications antenna provisions.
The applicant and/or owner of the telecommunications antenna shall
reimburse the City for all costs of the City's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
C.Â
Permit fees. The City may assess appropriate and reasonable permit
fees directly related to the City's actual costs in reviewing and
processing the application for approval of a telecommunications antenna,
as well as related inspection, monitoring and all other related costs.
D.Â
Development regulations. Telecommunications antenna shall be co-located
on existing wireless support structures, subject to the following
conditions:
(1)Â
The total height of any wireless support structure and mounted
telecommunications antenna shall not exceed 20 feet above the maximum
height permitted in the underlying zoning district.
(2)Â
In accordance with industry standards, all telecommunications
antenna applicants must submit documentation to the City justifying
the total height of the telecommunications antenna. Such documentation
shall be analyzed in the context of such justification on an individual
basis.
(3)Â
If the applicant proposed to locate the related equipment in
a separate building, the building shall comply with the minimum requirements
for the applicable zoning district, and landscaping shall be required
to screen as much of the equipment building as possible. An evergreen
screen shall surround the site. The evergreen screen shall be a minimum
height of six feet at planting and shall not exceed 10 feet on center.
E.Â
Security fence. A security fence with a maximum height of eight feet
shall surround the separate communications equipment building. Vehicular
access to the communications equipment building or any structure housing
related equipment shall not interfere with the parking or vehicular
circulations on the site for the principal use.
F.Â
Noncommercial usage exemption. City residents utilizing satellite
dishes and antenna for the purpose of maintaining television, phone,
radio and/or Internet connections at their respective residences shall
be exempt from the regulations enumerated in the this section of the
chapter. Amateur radio operators are exempt from the regulations enumerated
in this article.
G.Â
Design regulations. Telecommunications antennas shall employ stealth
technology and be treated to match the wireless support structure
in order to minimize aesthetic impact. The application of the stealth
technology chosen by the applicant shall be subject to the approval
of the City.
H.Â
Inspection. The City reserves the right to inspect any telecommunications
antenna to ensure compliance with the provisions of this chapter and
any other provisions found within the City Code of Ordinances or state
or federal law. The City and/or its agents shall have the authority
to enter the property upon which the telecommunication antenna is
located at any time, upon reasonable notice to the operator, to ensure
such compliance.
In addition to the regulations enumerated in § 450-118 hereof, the following regulations shall apply to telecommunications antennas located in the public rights-of-way:
A.Â
Co-location. Telecommunications antennas 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 applicant, with
the City's approval, shall locate its telecommunication antennas on
existing poles or freestanding structures that do not already act
as wireless support structures.
B.Â
Conditional use approval required. Any applicant proposing the construction
of a new telecommunication antenna, or modification of an existing
telecommunication antenna, shall first obtain conditional use approval
from the City. New constructions, modifications, and replacements
that fall under the WBCA or the applicable provisions of the FCC's
October 2014 Report and Order shall not be subject to the conditional
use approval process. The conditional use application, and accompanying
documentation, shall demonstrate that the proposed facility complies
with all applicable provisions in this chapter.
C.Â
Design requirements:
(1)Â
Telecommunications antenna installations located above the surface
grade in the public ROW, including, but not limited to, those on streetlights
and utility poles, shall consist of equipment components that are
no more than six 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.
(2)Â
Telecommunications antennas and related equipment shall be treated
with stealth technology by the telecommunications antenna owner or
applicant to match the wireless support structure and may be required
to be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
D.Â
Time, place and manner. The City shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all telecommunications antennas 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 power of the City and the requirements
of the Public Utility Code.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
E.Â
Equipment location. Telecommunications antennas and related 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 City. In addition:
(1)Â
Ground-mounted related equipment shall be located between the
sidewalk and the curb. For reasons of safety and aesthetics, such
equipment shall neither protrude onto the curb nor obstruct the sidewalk.
(2)Â
Ground-mounted related equipment that cannot be placed underground
shall be screened to the fullest extent possible through the use of
landscaping or other decorative features to the satisfaction of the
City.
(3)Â
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the City.
(4)Â
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner.
(5)Â
Any proposed underground vault related to telecommunications
antennas shall be reviewed and is subject to approval by the City.
F.Â
Relocation or removal of facilities. Within two months following
written notice from the City, or such longer period as the City determines
is reasonably necessary, or such shorter period in the case of an
emergency, the owner of the telecommunications antenna in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any telecommunication antenna when
the City, 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:
(1)Â
The construction, repair, maintenance or installation of any
City or other public improvement in the right-of-way;
(2)Â
The operation of the City 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
Any emergency, as determined by the City.
The following regulations shall apply to all telecommunication
towers, excluding any telecommunications tower that is owned and operated
by a federally licensed amateur radio operator:
A.Â
Standard of care. Any telecommunications tower shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety related codes, including but not limited to the most recent
editions of the Pennsylvania Uniform Commercial Code, American National
Standards Institute (ANSI) Code, Electrical Code, as well as the accepted
and responsible workmanlike industry practices of the National Association
of Tower Erectors. At all times, telecommunication towers shall 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 City.
B.Â
Notice. Upon submission of an application for a telecommunications
tower and the scheduling of the mandatory public hearing in front
of the City Council of the City of DuBois, 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 City.
C.Â
Conditional use authorization required. Telecommunications towers
are permitted by conditional use in commercial and industrial zoning
districts, at a height necessary to satisfy their function in the
applicant's wireless communications system. No applicant shall have
the right under these regulations to erect a tower to the maximum
height specified in this section unless it proves the necessity for
such height. The applicant shall demonstrate that the proposed telecommunications
tower is the minimum height necessary for its service area.
(1)Â
Prior to the City Council's consideration of a conditional use
application authorizing the construction and installation of a telecommunications
tower, it shall be incumbent upon the applicant for such conditional
use approval to prove to the reasonable satisfaction of the City Council
that the applicant cannot adequately extend or infill its communication
system by the use of equipment such as redoes, repeaters, telecommunications
antennas, and other similar equipment installed on existing structures,
such as utility poles or their appurtenances and other available tall
structures. The applicant shall further demonstrate that the proposed
telecommunications tower must be located where it is proposed in order
to serve the applicant's service area and that no other viable alternative
location exists.
(2)Â
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment; a description of the type and manufacture
of the proposed transmission/radio equipment; the frequency range
(megahertz band) assigned to the applicant; the power in watts at
which the applicant transmits; and any relevant related tests conducted
by the applicant in determining the need for the proposed site and
installation.
(3)Â
The conditional use application shall be accompanied by documentation
demonstrating that the proposed telecommunications tower complies
with all state and federal laws and regulations concerning aviation
safety.
(4)Â
Where the telecommunications tower is located on a property
with another principal use, the applicant shall present documentation
to the City Council that the owner of the property has granted an
easement for the proposed telecommunications tower and that vehicular
access will be provided to the facility.
(5)Â
The conditional use application shall be accompanied by documentation
demonstrating that the proposed telecommunications tower complies
with all applicable provisions in this section.
D.Â
Engineer inspection. Prior to the City's issuance of a permit authorizing
construction and erection of a telecommunications tower, a structural
engineer registered in Pennsylvania shall issue to the City a written
certification of the proposed telecommunications tower's ability to
meet the structural standards offered by either the Electronic Industries
Association or the Telecommunication Industry Association and certify
the proper construction of the foundation and the erection of the
structure. The certification shall be provided during the conditional
use hearing before the City Council of the City of DuBois or, at a
minimum, be made as a condition attached to any approval given, such
that the certification be provided prior to issuance of any building
permits.
E.Â
Visual appearance. Telecommunications towers shall employ stealth
technology. All telecommunications towers and related equipment shall
be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surrounding and neighboring buildings to the greatest
extent possible. The City Council shall refer the request for a conditional
use to the City's Planning Commission to consider whether the City's
decision upon the subject application will promote the harmonious
and orderly development of the zoning district and/or surrounding
area involved; encourage compatibility with the character and type
of development existing in the area; benefit neighboring properties
by preventing a negative impact on the aesthetic character of the
communities; preserve woodlands and trees existing at the site to
the greatest possible extent; and encourage sound engineering and
construction principals, practices and techniques. Any utilities extending
to the telecommunications tower shall be placed underground.
F.Â
Co-location and siting. An application for a new telecommunications
tower shall demonstrate that the proposed telecommunications tower
cannot be accommodated on an existing or approved structure or building
or on land owned by the City of DuBois. The City Council may deny
an application to construct a new telecommunications tower if the
applicant has not made a good faith effort to mount the telecommunications
antenna on an existing structure. The applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within a 1/4-mile radius of the site proposed; sought permission to
install a telecommunications antenna on those structures, buildings
and towers; and was denied for one of the following reasons:
(1)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.
(2)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.
(3)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.
(4)Â
A commercially reasonable agreement could not be reached with
the owner of such building to use the tower.
G.Â
Permit required for modifications. To the extent permissible under
applicable state and federal law, any applicant proposing the modification
of the existing telecommunications tower, which increases the overall
height of such wireless support structure, shall first present a copy
of the plans for such modification to the Planning Commission of the
City of DuBois before obtaining a building permit from the City. Nonroutine
modifications shall be prohibited without prior recommended approval
from the City Planning Commission and the subsequent building permit.
H.Â
Gap in coverage or capacity. An applicant for a telecommunications
tower must demonstrate that a significant gap in wireless coverage
or capacity exists in the applicable area and that the type of telecommunications
tower being proposed is the least intrusive means by which to fill
that gap. The existence or nonexistence of a gap in wireless coverage
or capacity shall be a factor in the decision of the City Council
on an application for approval of telecommunications tower as a conditional
use.
I.Â
Additional telecommunications antennas. As a condition of approval
for all telecommunications towers, the WCF applicant shall provide
the City with a written commitment that it will allow other service
providers to co-locate telecommunications antennas on telecommunications
towers where technically and economically feasible.
J.Â
Wind. Any telecommunications tower structures shall be designed to
withstand the effects of wind gusts of at least 100 miles per hour
in addition 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/TIA-222),
as amended.
K.Â
Height. Any telecommunications tower shall be designed at the minimum
functional height. The maximum height of any new telecommunications
tower outside the public rights-of-way shall be 175 feet. Telecommunications
towers in the ROW shall not exceed a height comparable to the average
height of utility poles or electrical poles within a two-block radius
of the proposed facility.
L.Â
Related equipment. Either a one single-story wireless communications
equipment building not exceeding 250 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area, housing the receiving and transmitting equipment,
may be located on the site for each unrelated company sharing space
on the telecommunications tower.
M.Â
Public safety communications and other communications services. No
telecommunications tower shall interfere with public safety communications
or the reception of broadband, television, radio or other communications
services enjoyed by occupants of nearby properties.
N.Â
Maintenance. The following maintenance requirements shall apply:
(1)Â
Any telecommunications tower 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 telecommunications tower in order to promote the safety and security
of the City's residents and to utilize the best available technology
for preventing failures and accidents.
O.Â
Radio frequency emissions. A telecommunications tower shall not,
by itself or in conjunction with other telecommunications towers or
telecommunications antennas, 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.
P.Â
Historic buildings or districts. No telecommunications tower may
be located upon any property or on a building or structure that is
listed on either the National or Pennsylvania Registers of Historic
Places (either inside or outside the public right-of-way) or that
is deemed by the City to be of local historic significance.
Q.Â
Signs. All telecommunications towers shall post a sign in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency. The only other signage permitted
on the telecommunications tower shall be those required by the FCC
or any other federal or state agency.
R.Â
Lighting. No telecommunications tower shall be artificially lighted,
except as required by law. 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. Automatic lighting is prohibited; all lighting
must be controlled manually by an on-site switch. The applicant shall
promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the City Manager.
S.Â
Noise. Telecommunications towers shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the ordinances of the City of DuBois, except in
emergency situations requiring the use of a backup generator, where
such noise standards may be exceeded on a temporary basis only.
T.Â
Aviation safety. Telecommunications towers shall comply with all
federal and state laws and regulations concerning aviation safety.
U.Â
Retention of experts. The City may hire any consultant and/or expert
necessary to assist the City in reviewing and evaluating the application
for approval of the telecommunications tower and, once approved, in
reviewing and evaluating any potential violations of the terms and
conditions of these provisions. The applicant and/or owner of the
telecommunications tower shall reimburse the City for all costs of
the City's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
V.Â
Timing of approval. Within 30 calendar days of the date that an application
for a telecommunications tower is filed with the City, the City shall
notify the applicant in writing of any information that may be required
to complete such application. All applications for telecommunications
towers shall be acted upon within 150 days of the receipt of a fully
completed application for the approval of such telecommunications
towers, and the City shall advise the applicant in writing of its
decision. If additional information was requested by the City to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the one-hundred-fifty-day
review period.
W.Â
Nonconforming uses. Nonconforming telecommunications towers which
are hereafter damaged or destroyed due to any reason or cause may
be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
X.Â
Removal. In the event that use of a telecommunications tower is planned
to be discontinued, the owner shall provide written notice to the
City of its intent to discontinue use and the date when the use shall
be discontinued. Unused or abandoned telecommunications towers or
portions of telecommunication towers shall be removed as follows:
(1)Â
All unused or abandoned telecommunications towers and related
equipment shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the City.
(2)Â
If the telecommunications tower and/or related equipment is
not removed within two months of the cessation of operations at a
site, or within any longer period approved by the City, the telecommunications
tower and related equipment may be removed by the City and cost of
removal assessed against the owner of the telecommunications tower.
As security, the City reserves the right to the salvage value of any
removed telecommunications tower and/or related equipment, if such
telecommunications tower and/or related equipment are not removed
by the owner within the time frames enumerated in this article.
(3)Â
Any unused portions of telecommunications tower, including antennas
shall be removed within two months of the time of cessation of operations.
The City must approve all replacements of portions of a telecommunications
tower previously removed.
Y.Â
Permit fees. The City may assess appropriate and reasonable permit
fees directly related to the City's actual costs in reviewing and
processing the application for approval of a telecommunications tower,
as well as related inspection, monitoring and related costs.
Z.Â
FCC license. Each person who owns or operates a telecommunications
tower over 40 feet in height shall submit a copy of its current FCC
license, including the name, address and emergency telephone number
for the operator of the facility.
AA.Â
Insurance. Each person who owns or operates a telecommunications
tower greater than 40 feet in height shall provide the City with a
certificate of insurance, naming the City as an additional insured
and evidencing general liability coverage in the minimum amount of
$5,000,000 per occurrence and property damage coverage in the minimum
amount of $5,000,000 per occurrence covering the telecommunications
tower. Each person who owns or operates a telecommunications tower
40 feet or less in height shall provide the City with the certificate
of insurance, naming the City as an additional insured and 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 each telecommunications tower.
BB.Â
Indemnification. Each person who owns or operates a telecommunications
tower shall, at his sole cost and expense, indemnify, defend and hold
harmless the City, its elected and appointed officials, employees
and agents at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the telecommunications tower. Each person who owns or
operates a telecommunications tower shall defend any actions or proceedings
against the City in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of the telecommunications tower.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
CC.Â
Engineer signature. All plans and drawings for a telecommunications
tower shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
DD.Â
Financial security. Prior to receipt of conditional use approval
and a building permit for the construction or placement of a telecommunications
tower, the applicant shall provide to the City financial security
sufficient to guarantee the construction of the telecommunications
tower. Said financial security shall remain in place until the telecommunications
tower is fully constructed. Should the telecommunications towers be
abandoned by the owner and/or operator, and not removed within two
months of such abandonment, the City shall have the authority to remove
the telecommunications tower and sell all of its pieces, as well as
related equipment used in the operation of the telecommunications
tower, in order to recover the cost of said removal.
In addition to the regulations enumerated in § 450-122, the following regulations shall apply to telecommunications towers located outside the public right-of-way:
A.Â
Development regulations.
(1)Â
Telecommunications towers shall not be located in or within
75 feet of an area in which all utilities are located underground.
(3)Â
Sole use on a lot. A telecommunications tower shall be permitted
as a sole use on a lot, provided that the underlying lot meets the
minimum size specifications set forth in this chapter for the district
in which such a lot is located.
(4)Â
Combined with another use. A telecommunications tower may be
permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
(a)Â
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the telecommunications
tower.
(b)Â
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable zoning district and shall be the area needed to
accommodate the telecommunications tower and guy wires, the equipment
building, security fence, and buffer planting if the proposed telecommunications
towers is greater than 40 feet in height.
(c)Â
Minimum setbacks. The minimum distance between the base of a
telecommunications tower and any adjoining property line or street
right-of-way line shall be equal to 100% of the height of the telecommunications
tower. The underlying lot must be large enough to accommodate related
equipment, stormwater runoff mechanisms, and all other features typically
found within the immediate area of a telecommunications tower.
B.Â
Design regulations.
(1)Â
The telecommunications tower shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact. Application
of the stealth technology chosen by the applicant shall be subject
to the approval of the City Council of the City of DuBois after review
by the City Planning Commission.
(2)Â
To the extent permissible by law, any height extensions to an
existing telecommunications tower shall require prior approval of
the City.
(3)Â
Any proposed telecommunications tower shall be designed structurally,
electrically, and in all respects, to accommodate both the applicant's
telecommunications antennas and comparable telecommunications antennas,
for the maximum amount of future users based on the size of the proposed
telecommunications tower.
(4)Â
Any telecommunications tower over 40 feet in height shall be
equipped with an anti-climbing device as approved by the manufacturer.
C.Â
Surrounding environs.
(1)Â
The applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the telecommunications tower
shall be preserved to the maximum extent possible.
(2)Â
The applicant shall submit a soil report to the City complying
with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222,
as amended, to document and verify the design specifications of the
foundation of the telecommunications towers and anchors for guy wires,
if used.
D.Â
Fence/screen.
(1)Â
A security fence with a maximum height of eight feet shall completely
surround any telecommunications tower greater than 40 feet in height,
as well as guy wires, or any building housing related equipment.
(2)Â
The applicant shall comply with the requirements for buffer
yards and screening as required by this chapter.
E.Â
Related equipment.
(1)Â
Ground-mounted related equipment associated with or connected
to a telecommunications tower shall be placed underground or screened
from public view using stealth technologies, as described herein.
(2)Â
All related equipment shall be architecturally designed to blend
into the environment in which it is situated and shall meet the minimum
setback requirements of the underlying zoning district.
F.Â
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to telecommunications
towers. The access road shall be a dust-free, all-weather surface
for its entire length. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the telecommunications
tower owner shall present documentation to the City that the property
owner has granted an easement for the proposed facility.
G.Â
Parking. For each telecommunications tower greater than 40 feet in
height, there shall be two off-street parking spaces.
H.Â
Inspection. The City reserves the right to inspect any telecommunications
tower to ensure compliance with this chapter, any other provisions
found within the City Code or state or federal law. The City and/or
its agents shall have the authority to enter the property upon which
a telecommunications tower is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
In addition to the regulations enumerated in § 450-122, the following regulations shall apply to telecommunications towers located in the public rights-of-way.
A.Â
Location and development standards:
(1)Â
Telecommunications towers in the ROW shall not exceed a height
comparable to the average height of utility poles or electrical poles
within a two-block radius of the proposed facility. Telecommunications
towers are prohibited in areas in which all utilities are located
underground.
(2)Â
Telecommunications towers shall not be located in the front
facade area of any structure.
(3)Â
Telecommunication towers shall be permitted along roads already
having aboveground utility poles or light poles along them as a conditional
use throughout the City, regardless of the underlying zoning district.
A listing of such roads is kept on file at the City Zoning Office
and is adopted via resolution of City Council.
B.Â
Time, place and manner. The City shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all telecommunications towers 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 City and the requirements
of the Public Utility Code.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
C.Â
Equipment location. Telecommunications towers and related 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 City. In addition:
(1)Â
Ground-mounted related equipment shall be located between the
sidewalk and the curb. For reasons of safety and aesthetics, such
equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(2)Â
Ground-mounted related equipment that cannot be placed underground
shall be screened to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the City Council upon recommendation by the City Planning Commission.
(3)Â
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the DuBois City
Council upon review and recommendation by the City Planning Commission.
(4)Â
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner.
(5)Â
Any underground vaults related to telecommunications towers
shall be reviewed and approved by the City Council after recommendation
by the City Planning Commission.
D.Â
Design regulations.
(1)Â
The telecommunications tower shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize the aesthetic impact. The application
of the stealth technology chosen by the applicant shall be subject
to the approval of the DuBois City Council after review and recommendation
by the City Planning Commission.
(2)Â
Telecommunications towers in the public ROW shall not exceed
a height comparable to the average height of utility poles or electrical
poles within a two-block radius of the proposed facility.
(3)Â
To the extent permissible under state and federal law, any height
extensions to an existing telecommunications tower shall require prior
approval of the City, and shall not violate the provisions described
herein.
(4)Â
Any proposed telecommunications towers shall be designed structurally,
electrically, and in all respects to accommodate both the applicant's
telecommunications antennas and comparable telecommunications antennas
of the maximum amount of future users based on the size of the proposed
telecommunications tower.
E.Â
Relocation or removal of facilities. Within 60 days following written
notice from the City, or such longer period as the City determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a telecommunications tower in the ROW shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any telecommunications tower when the City, consistent
with its police powers and applicable Public Utility Commission regulations,
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
City or other public improvement in the right-of-way;
(2)Â
The operations of the City 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 as determined by the City.
F.Â
Reimbursement for ROW use. In addition to permit fees as described
in this section, every telecommunications tower in the ROW is subject
to the City'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 City'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 City. The owner of each
telecommunications tower shall pay an annual fee(s) to the City to
compensate the City for the City's costs incurred in connection with
the activities described above.
The City, by granting any permit or taking any other action
pursuant to this article, does not waive, reduce, lessen or impair
the lawful police powers vested in the City under applicable federal,
state and local laws and regulations.
If any section, subsection, sentence, clause, phrase or word
of this article is for any reason held illegal or invalid by any court
of competent jurisdiction, such provision shall be deemed a separate,
distinct and independent provision, and such holding shall not render
the remainder of this article invalid.
This article shall become effective 10 days after final enactment
by the City of DuBois.
