[Adopted 12-12-2019 by Ord. No. 574]
The purposes of this article include establishing appropriate
regulations, rules and standards for the permitting, placement, installation
and operation of small cell wireless facilities in the public rights-of-way
in Ligonier Borough and to regulate such facilities in accordance
with Pennsylvania and federal telecommunications acts and regulations.[1]
A.
To provide policies and procedures for the beneficial placement of
small cell wireless facilities within Ligonier Borough.
B.
To facilitate the responsible deployment of small cell wireless facilities
to provide the citizens and businesses with the benefits of advanced
wireless services.
C.
To establish uniform application fees, approval timeframes and design
and review standards.
D.
To prevent the placement of small cell wireless facilities that would
interfere with the use of streets, sidewalks, alleys, parking areas
and other public ways and places.
E.
To prevent visual and physical obstructions that would be hazardous
to vehicular and pedestrian traffic.
F.
To prevent the interference with other facilities installed according
to existing codes and ordinances.
G.
The preservation of the character of Ligonier Borough, to the extent
practical where facilities are installed, by minimizing the adverse
visual effects and the number of such facilities through proper design,
siting, screening, material, color and finish.
H.
The preservation of the character of the Diamond Commercial Zoning
District and historic structures, including but not limited to such
structures or neighborhoods listed on the National Register of Historic
Places or locally designated historic landmarks.
[1]
Editor's Note: See 66 Pa.C.S.A. § 3011 et seq. and
P.L. No. 104-104 (1996), respectively.
As used in this article, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
Any person that applies for a small cell wireless facility
permit.
The mounting of one or more facility, including antennas,
on a preexisting structure, or modifying a structure for the purpose
of mounting or installing a facility on that structure.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
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 Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications 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.
Wireless communications facilities located or co-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.
A wireless communications facility located in the public
rights-of-way with a support structure consisting of a single new
utility pole installed for the primary purpose of supporting one or
more WCF.
The replacement of existing wireless communications 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
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
A wireless communications facility that meets the following
criteria:
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do 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 that render facilities 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.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower 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; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.[1]
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
47 CFR 1.40001(b)(7)(i) through (iv).
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.
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service.
[1]
Editor's Note: See P.L. No. 112-96, 126 Stat. 156 (2012).
A.
Permit required. No person or entity shall use, place, install or
operate a small cell wireless facility nor shall any wireless support
structures, accessory equipment or similar infrastructure be deployed
in, over or upon any Borough right-of-way, unless such person or entity
first applies for and obtains a small cell wireless facility permit
from Ligonier Borough. A permit shall not be required for routine
maintenance activities.
B.
Permit applications. The Ligonier Borough small cell wireless facility permit application shall be on a form prescribed by the Borough and made available by the Zoning Officer or on the Borough's website under Download Ligonier Borough Forms & Applications, permit applications shall be accompanied by fees in accordance with the Schedule of Fees for Small Cell Wireless Facilities established in § 135-58 of this article.
C.
Consolidated applications. An applicant seeking to install multiple
small cell wireless facilities may, at the applicant's discretion,
file a consolidated application and receive a single permit for up
to five small cell wireless facilities; provided, however, that the
Borough's denial of any site or sites within a consolidated application
shall not affect other sites submitted in the same application.
D.
Application review and approval requirements. Applications will be
reviewed by and acted upon by the Borough Zoning Officer. The Zoning
Officer shall have the discretion to obtain input from the Borough
Engineer, Solicitor and other experts or consultants to support the
review of the application.
E.
Application requirements.
(1)
The Ligonier Borough small cell wireless facility permit application
submission shall be made by the facility's owner or a duly authorized
representative. Permit applications will include all descriptive and
technical information and attachments required by the Borough, in
such number and format as the Borough may direct, to allow the Zoning
Officer to determine whether:
(2)
Applications shall include:
(a)
The applicant's and facility owner's, if different from applicant,
contact information.
(b)
Identification of any other representative acting on behalf
of the applicant or owner and that is authorized to speak with the
Borough regarding the application.
(c)
Fully dimensional site plans, construction drawings and elevation
data, drawn to scale, shall be submitted, showing:
[1]
Any existing wireless communications facilities, equipment or
supporting structures within 1,000 feet of the proposed installation
site;
[2]
An aerial map showing proposed location of the small cell wireless
facility(ies); and
[3]
Drawing(s) and a written description of the proposed scope of
work for the installation of the small cell wireless facility.
(d)
A full description of the number and dimensions of all facilities
proposed to be installed, including the support structure, either
new or existing, to be utilized for each small cell wireless facility.
For all equipment proposed to be installed, include:
(e)
Visual impact demonstrations using photographic simulations
of the proposed small cell wireless facility and infrastructure deployment
as seen from reasonable surrounding locations and angles and showing
the color of all equipment.
(f)
A written description, supported by photographs and/or other
visuals, of all stealth technology to be employed and landscaping
or screening plans.
(g)
Licensing and applicable regulations. If the applicant is a
commercial wireless communications provider, it must demonstrate that
it is licensed by the Federal Communications Commission (FCC) and
submit, with its application, copies of all FCC permits and licenses
and any PUC certification.
(h)
The applicant must demonstrate that the proposed small cell
wireless facility and infrastructure will comply with all applicable
standards established by the Federal Communications Commission.
(i)
The applicant shall provide to the Borough a certificate of
insurance issued to the applicant, evidencing that there is or will
be adequate current liability insurance in effect.
(j)
The applicant shall agree that it will repair all damage to
the right-of-way directly caused while occupying, installing, repairing,
or maintaining the small cell wireless facility(ies) and to return
the right-of-way to its functional equivalence before the damage.
If the applicant fails to make the repairs required by the Borough
within 45 days after written notice, unless the Borough and the applicant
agree, in writing, to a longer time period, the Borough may undertake
those repairs and charge the applicable party the reasonable and documented
cost of the repairs. The Borough may maintain an action to recover
the costs of the repairs.
The Ligonier Borough Zoning Officer shall review the submitted
small cell wireless facility permit application for conformity with
applicable requirements and conditions established in this article,
and shall issue or deny permits to install small cell wireless facilities
based on nondiscriminatory terms and conditions. Permit decisions
will be in writing and permit denials will state the reason(s) for
the denial.
A.
The Borough encourages potential applicants to conduct an informal
presubmittal conference with the Borough. Conducting a presubmittal
conference shall not be considered the start of the application submission
review period.
B.
The Borough Zoning Officer shall conduct a completeness review of
submitted applications within 10 days of their submission. Determining
the completeness of an application shall be at the sole discretion
of the Zoning Officer. Applications deemed to be incomplete shall
be returned to the applicant along with written instructions that
clearly and specifically identify the missing documents or information
and the specific rule or regulation creating the obligation to submit
such documents or information. Return of an application for incompleteness
shall reset the applicable application review period. The application
review period will not begin until the applicant submits all the required
documents and information to make the application complete.
C.
The Borough shall have 60 days from the date the Zoning Officer determines
that an application submission for installation of a small cell wireless
facility using an existing utility pole is complete to issue or deny
a permit application. These 60 days also apply to issuing all other
Borough permits, approvals and authorizations needed to install the
facility.
D.
The Borough shall have 90 days from the date the Zoning Officer determines
that an application submission for installation of a small cell wireless
facility using a new support structures is complete to issue or deny
a permit application. These 90 days also apply to issuing all other
Borough permits, approvals and authorizations needed to install the
facility.
E.
The Borough shall notify the applicant, in writing, of its final
decision to approve or deny a permit within the applicable review
period described above. If the application is denied, the basis for
a denial, including citations to federal, state or local code provisions
and/or statutes on which the denial was based, will be provided.
F.
If the Borough fails to act on an application within the sixty-day
review period (or within the ninety-day review period for an application
proposing installation of a new pole), the applicant may provide notice
to the Borough that the time period for acting on the application
has lapsed and that the application is considered approved.
G.
The applicant and/or the designated facility installer shall notify
the Borough at least two days in advance of when the facility will
be installed.
H.
Within five days of completion of the installation of the small cell
wireless facility(ies) and/or wireless support structure, the applicant
shall give notice thereof to the Borough. The Borough's Public Works
Director and Zoning Officer shall inspect the work with the installer
and, when necessary, enforce compliance with the conditions, restrictions
and regulations prescribed by the permit and this article.
I.
The Borough may revoke any permit issued for violating any provision
of this article or causing/creating any condition constituting a nuisance
or endangering life or property.
All submitted small cell wireless facility permit applications
pursuant to this article shall be accompanied by the following nonrefundable
fees appropriate for the application type:
A.
For a single application submission to install one to five small
cell wireless facilities using existing utility poles: $500. The application
Fee will increase by $100 for each proposed small cell wireless facility
beyond five.
B.
For a single application to install a small cell wireless facility
using a new wireless support structure (installing a new utility pole):
$1,000. This fee also applies to a single application proposing to
install multiple small cell wireless facilities on a single new wireless
support structure.
C.
For each small cell wireless facility permitted and installed per
this article on an existing utility pole: $250 annually.
D.
For each small cell wireless facility permitted and installed per
this article on a new wireless support structure (new utility pole):
$500 annually.
E.
In addition to the nonrefundable application fees set forth above,
the applicant shall reimburse the Borough for all reasonable costs
of its Engineer, Solicitor and other experts or consultants in connection
with review of the application. An initial deposit of $1,000 shall
accompany the application and be applied to reimbursable review fees
as they are incurred. If at any time the remaining deposit balance
is below 50% of the initial deposit, the applicant shall replenish
the account up to the original amount. If the amount deposited exceeds
the Borough's actual review costs, the remaining balance shall be
refunded to the applicant.
The following requirements should be considered by applicants
prior to submitting their small cell wireless facility permit application.
The requirements may be waived by the Zoning Officer during review
of the application upon a showing that the particular location of
a small wireless facility does not warrant such conditions, that they
impose an excessive expense to the applicant or for any other reasons
identified by the Zoning Officer.
A.
Most preferable locations.
(1)
Zoning districts.
(a)
The following are the most preferred zoning districts for installing new small cell wireless facilities in the order of preference (Subsection A(1)(a)[1] being most preferable):
(b)
An official Zoning Map is kept on file at the Borough Zoning
office. It can also be viewed at http://75.151.252.249/LigonierPublic/.
(2)
It is the Borough's strong preference that applicants propose to
co-locate small cell wireless facilities on an existing wireless support
structure or utility pole.
(3)
It is the Borough's strong preference that small wireless facilities
and wireless support structures be located in line with existing lot
lines or equidistant from any two existing structures.
(4)
It is the Borough's strong preference that small cell wireless facilities
and wireless support structures be located equal distance between
trees, utility poles and streetlights when possible.
(5)
When installation of the new utility pole is proposed, the applicant
shall provide evidence of the need for the proposed new utility pole,
but shall not be required to provide proprietary data.
B.
Least preferable locations.
(1)
Small cell wireless facilities should be located outside of the following
areas to the extent practical:
(a)
C1 - Diamond Commercial Zoning District is the least preferable
location. All efforts to locate a facility outside of this area should
be made by the applicant.
(b)
No small cell wireless facilities shall be permitted within
the limits of work of the Diamond Park Renaissance Project nor shall
any small cell wireless facility be installed that may otherwise visually
impact the Ligonier Diamond Park area.
(2)
A map showing the limits of work is kept on file at the Borough Zoning
office.
C.
Additional guidelines and standards on placement. The following additional
guidelines shall be followed regarding placement of small cell wireless
facilities within the Borough:
(1)
Small cell wireless facilities or similar infrastructure deployment
shall not be located within 100 feet of an area in which all utilities
are located underground;
(2)
Small cell wireless facilities and wireless support structures shall
not be located closer than 150 feet away, radially, from another existing
small cell wireless facility and wireless support structure;
(3)
Small cell wireless facilities shall not be placed on any existing
decorative streetlight poles;
(4)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that impedes, obstructs or hinders usual
pedestrian, cyclist or vehicular travel or public safety;
(5)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that obstructs the legal use of a right-of-way
by any other utility provider;
(7)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that negatively impacts the structural
integrity of the associated wireless support structure.
(8)
Small cell wireless facilities and wireless support structures shall
not be located along the frontage of any building or structure listed
on the National Register of Historic Places or properties determined
to be eligible for listing on the National Register of Historic Places
or other known historic properties (see Ligonier Valley Joint Comprehensive
Plan);
(9)
Small cell wireless facilities and wireless support structures shall
not be located within sight triangles at street intersections;
(10)
Small cell wireless facilities and wireless support structures
shall not be located directly in front of an entranceway or front-facing
window of any residential, commercial or industrial structure;
(11)
Small cell wireless facilities and wireless support structures
shall not be located in a manner that impedes appropriate clearance
of another existing utility.
Ligonier Borough intends that the following requirements and
conditions be met by each small cell wireless facility installation.
The requirements and conditions may be waived by the Zoning Officer
during review of the application upon a showing that the particular
location of a small cell wireless facility does not warrant such conditions,
that they impose an excessive expense to the applicant or for any
other reasons identified by the Zoning Officer.
A.
Stealth technology. All small cell wireless facilities and associated
equipment shall employ the most current stealth technology available,
where appropriate and technically feasible, in an effort to appropriately
blend the proposed facility(ies) into the surrounding environment
and minimize aesthetic impact. A proposed small cell wireless facility
should be designed to not be significantly more readily apparent or
plainly visible than any other existing utility structures, poles
and equipment located within 500 linear feet of the proposed installation
point.
(1)
Colors. The small cell wireless facility and associated equipment,
including the antenna, cables and wires, equipment cabinets and other
supportive equipment, should have such color as may be commercially
and technically feasible to achieve.
(a)
All colors of the small cell wireless facility should reasonably
match the color of the wireless support structure and the background
area to avoid unsightly or out-of-character deployments.
(b)
For new metal poles supporting a small cell wireless facility,
the pole color and design should match, as nearly as practical, those
existing surrounding poles or shall, where commercially and technically
feasible, be such color as required by the Borough to avoid unsightly
or out-of-character deployments.
(c)
In the case of a small cell wireless facility being attached
to an existing wood utility pole, finishes of conduit should be zinc,
aluminum or stainless steel, or colored to match those metal finishes,
and equipment cabinets shall be the color of brushed aluminum.
(2)
Lighting. Small cell wireless facilities and wireless support structures
should not be artificially illuminated, except in accord with state
or federal regulations, or unless illumination is integral to the
camouflaging strategy.
(3)
Screening. Landscape screening should be provided and maintained
around exterior equipment enclosures unless otherwise approved by
the Borough. The planting quantity and size should be such that 100%
screening is achieved within two years of installation. Concealment
may also include, but not be limited to, strategic placement in less
obtrusive locations and placement within existing or replacement street
furniture.
B.
Antennas.
(1)
Any antenna associated with a small cell wireless facility shall
not exceed three cubic feet in volume.
(2)
All pole-top antennas shall be flush-mounted as closely to the top
of the utility pole as technically feasible.
(3)
All antennas shall be of a design, style and color that reasonably
matches the utility pole upon which they are attached.
(4)
Any necessary pole-top extension shall be of the minimum height necessary
to achieve separation from the existing pole attachments.
(5)
Any antenna mounted on a lateral standoff bracket shall protrude
no more than necessary to meet clearances.
(6)
If mounted on an existing structure, no antenna shall impair the
function of said structure.
(7)
Antenna placement shall not impair light, air or views from the surrounding
area.
C.
Accessory equipment.
(1)
Shall not exceed 28 cubic feet in volume. Stealth technology shall
not be included in the accessory equipment volume calculation.
(2)
Accessory equipment shall be mounted flush to the side of a utility
pole, or as near flush to the side of a utility pole as technically
feasible.
(3)
Accessory equipment shall be mounted so as to provide a minimum of
eight feet vertical clearance from ground level.
(4)
Accessory equipment shall be of a color that reasonably matches the
utility pole upon which such accessory equipment is mounted.
(5)
All accessory equipment shall be contained within a single equipment
shroud or cabinet.
(6)
All small cell wireless facilities shall have a posted sign in a
readily visible location identifying the owner's permit number and
the name and phone number of a party to contact in the event of an
emergency. The only other signage permitted shall be that required
by the FCC or any other federal or state agency. Signage required
under this section shall not exceed four inches by six inches, unless
otherwise required by law (e.g., radio frequency (RF) ground notification
signs) or the Borough.
(7)
Accessory equipment placement shall not impair light, air or views
from adjacent windows.
(8)
No accessory equipment shall feature any lighting, including flashing
indicator lights, unless required by state or federal law.
D.
Cables and wires.
(1)
Exposed wiring is prohibited.
(2)
All cables, wires and connectors related to the small cell wireless
facility must be fully concealed.
(3)
There shall be no external cables and wires related to the small
cell wireless facility hanging off or otherwise exposed on the wireless
support structure.
(4)
Transmission, fiber, power cables and any other wiring shall be contained
within any utility pole for which such concealment is technically
feasible. If wiring cannot be contained within the utility pole, all
wiring shall be contained within conduit or U-guard that is flush-mounted
to the utility pole.
(5)
All wiring shall be installed without excessive slack or extra cable
storage on the utility pole.
(6)
Any conduit or U-guard shall be of a color that reasonably matches
the utility pole to which the small cell wireless facility is attached.
(7)
Loops of extra wiring shall not be attached to any utility pole.
E.
Equipment enclosures.
(1)
Equipment enclosures, including for electric meters, and radio equipment
shall be as small as possible.
(2)
Ground-mounted equipment shall incorporate concealment elements into
the proposed design, matching color and materials of the wireless
support structure, unless other materials or colors are approved by
the Borough.
G.
Tree/vegetation pruning.
(1)
Tree and vegetation pruning to aid in the installation of small cell
wireless facilities and wireless support structures is prohibited,
unless approved by the Borough.
(2)
Any proposed pruning or removal of trees, shrubs or other landscaping
already existing in the right-of-way must be noted in the application
and must be approved by the Borough.
H.
Wind/ice. All small cell wireless facilities and support equipment
shall be designed to withstand the effects of wind gusts and ice to
the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/TIA-222,
as amended), or to the industry standard applicable to the structure.
In the event that use of a small cell wireless facility, or
any portion thereof, is planned to be discontinued, the owner/operator
shall provide written notice to the Borough of its intent to discontinue
use and the date when the use shall be discontinued.
A.
Unused or abandoned small cell wireless facilities or any unused
or abandoned portions thereof shall be removed within six months of
the cessation of operations, unless a time extension is approved by
the Borough. This includes all unused or abandoned utility poles installed
specifically to install the small cell wireless facility.
B.
If the small cell wireless facility is not removed within six months
of the cessation of operations or within any longer period approved
by the Borough, the facility and equipment may be removed by the Borough,
and the Borough's costs in connection with removal, including professional
or consultant fees, and the cost of removal work and site remediation,
may be assessed against the owner of the facility or the property
upon which the facility was located.
A.
Any person who shall violate any provision of this article shall
be liable, upon summary conviction for a first offense and upon summary
conviction for each subsequent offense, to a fine not exceeding $1,000
for each violation, together with costs of prosecution in each case.
Upon judgment against any person by summary conviction or proceedings
by summons, on default of payment of fine or penalty imposed and costs,
the defendant may be sentenced and committed to the county prison
for a period not exceeding 30 days.
B.
In addition to the above penalty, any person violating any provision
of this article may be enjoined by civil proceedings.
A.
If any sentence, clause, section or part of this article is for any
reason found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this article.
It is hereby declared as the intent of the Borough that this article
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof had not been included herein.
B.
Any ordinance or part of ordinance inconsistent herewith is hereby
repealed insofar as it is inconsistent herewith.
