[Ord. 559, 6/20/1959, Section 1201.7, 1201.10; Ord. 940,
8/9/1978, Section 4; amended by Ord. 973, 4/21/1980; Ord. 1056, 8/3/1983,
Section 5; Ord. 1058, 9/14/1983, Section 2; Ord. 1073, 4/11/1984,
Section 4; Ord. 1198, 2/8/1988, Section 22; Ord. 1549, 11/19/1997,
Section 8; Ord. 1821, 11/9/2005, Section 10; Ord. 1913, 12/1/2008,
Section 1; Ord. 2099, 8/21/2017, Section 2]
The provisions of this ordinance are subject to the following
exceptions, additions or modifications:
a. Exceptions. The provisions of this ordinance shall not apply to any
existing or proposed building, structure, use or extension thereof
used or to be used by public utility corporations if, upon petition
of the corporation, the Public Utility Commission shall, after public
hearing, decide that the present or proposed location of the building
in question is reasonably necessary for the convenience and welfare
of the public.
b. Prohibitions.
(1) No habitable vehicles or house trailer shall be used in any district
as a temporary or permanent dwelling or for any trade or occupation,
whether its wheels have been removed or it has been placed on a foundation,
except when located in a trailer park.
(2) The keeping of fowl or livestock, except on tracts of 10 acres or
more, provided that housing and shelter is not closer than 200 feet
to a property line of the tract. Exception: The keeping of chicken
hens at one-family homes is allowed pursuant to Section 501.1(7).
(3) Any process or assembly, manufacture or treatment constituting a
nuisance by reason of odor, smoke, dust or noise and including, but
not limited to, foundries, boiler works, smeltery plants; the manufacture
or refining of asphalt, the manufacture or processing of cork, fertilizer,
linoleum or oilcloth and glue or gelatin, the tanning and storage
of raw hides and skins, abattoirs or slaughterhouses, and the manufacture
of paint, oil and varnishes. This, however, shall not apply to exclude
an industry, whether or not specifically mentioned, if such industry,
after supplying satisfactory evidence to the Zoning Hearing Board,
is certified by the Board to be free of the nuisance characteristics
typical of its kind, by reason of special design of structure or innovation,
in processes or like circumstances.
(4) The process or assembly, manufacture or treatment constituting an
unusually hazardous use and including, but not limited to, such things
as the manufacture of bulk storage or explosives and the manufacture
or storage of illuminating gas or other explosives or poisonous gases,
except as may be necessary and incidental to a permitted industrial
process.
(5) The storage of crude oil or any of its volatile products or other
inflammable liquids in aboveground tanks with capacity greater than
550 gallons, unless such tanks (up to and including ten-thousand-gallon
capacity) are placed not less than 50 feet from all property lines;
unless such tanks of more than ten-thousand-gallon capacity are placed
not less than 100 feet from all property lines and are properly diked
to provide a pooling capacity equal to 1 1/2 times the capacity
of the tank or tanks surrounded.
(6) Junkyards (except for vehicle holding areas in the M districts),
automobile wrecking yards; the storage, baling or treatment of junk,
scrap, iron, rags, bottles and scrap paper; and the storage of second-hand
lumber and other building materials for resale (except in established
lumber or building material yards).
(7) Within utility easements, other than public utility structures, there
shall be no structures, including fences nor any planting, other than
grass or similar ground cover, nor any other obstruction above or
below the surface of the land. This provision shall apply and shall
be controlling in the event of a conflict with setbacks otherwise
provided for herein.
(8) The operation of any business which has, as a substantial or a significant
portion of its stock-in-trade obscene materials, as defined in the
State Obscenity Code.
Advertisements, displays or other promotional materials of specified
sexual activities or specified anatomical areas, as herein defined,
shall not be shown or exhibited so as to be visible to the public
from the exterior of the building.
c. Refuse Collection. All uses generating refuse must be served by refuse
containers of adequate capacity in locations agreeable to the Borough
of State College, as specified below. Existing properties without
such containers are exempt from providing on-site areas for their
storage as long as such properties are adequately served by other
off-site refuse containers. On such existing properties, any space
of adequate location and size, which could be used for future placement
of a container, shall be reserved for such purpose.
(1) No building shall be hereafter constructed without providing locations on-site for adequate storage of all refuse produced on the site by the occupants, except as provided for in Subsection
(3) below. No building or use may be expanded without provision for adequate on-site refuse containers or, if such space is unavailable at the time of enactment of this amendment, without agreement for off-site refuse storage as specified in Subsection
(3) below.
(2) The location of the on-site refuse storage area shall be shown on
the zoning permit application or site plan as part of the application
for zoning approval. Placement of refuse containers shall be at a
location acceptable to the Borough. In determining the size, number
and location of refuse containers to be used, the following criteria
shall apply:
(a)
Size. The refuse containers and their sites shall be of a capacity
determined by the Borough, which is adequate to contain all refuse
generated by all of its users without requiring removal at times other
than those regularly scheduled for the collection district in which
the site is located.
(b)
Location. The location of refuse containers shall be compatible
with the Borough refuse pickup system serving the property. When dumpsters
or other bulk refuse containers are used, such shall be placed in
a location which provides access to the containers by the appropriate
refuse collection vehicle. All such containers shall be located in
areas which provide for the safe operation of refuse collection vehicles.
Where deemed necessary by the Borough, adequate vehicle turn-around
areas shall be provided on the site and, to the greatest extent possible,
refuse containers shall be located to minimize the need for backing
movements by said vehicle.
(3) Two or more property owners may consolidate their refuse storage
at a common site, provided the size and location of the site complies
with all relevant provisions of this section and other applicable
Borough regulations. Said property owners shall enter into a legal
Agreement specifying such site as their common refuse storage area
in a manner and form acceptable to and recorded with the Recorder
of Deeds, Centre County, Pennsylvania. A copy of the Agreement must
be submitted to and approved by the Borough prior to recording.
d. Residency Or Occupancy. A resident or occupant of a dwelling unit
shall have the right to invite to his dwelling unit such guests as
he wishes, including overnight guests. However, it shall constitute
a violation of this ordinance{290} if such overnight guest(s) so frequently
remains in such unit overnight as to increase, for a majority of the
nights during any consecutive period of 10 days, the number of persons
beyond the maximum permitted to reside in or occupy that dwelling
unit under the provisions of this ordinance. It shall be the duty
of the owner, landlord, rental agent, Realtor and property manager
of any dwelling unit to make the maximum residency or occupancy under
the zoning ordinance known to tenants, in writing, on or before the
time of leasing (or renting), and it shall be also the responsibility
of occupants, residents and tenants to ascertain the maximum occupancy
under this zoning ordinance.
e. Wireless Communications Facilities.
[Amended by Ord. No. 2167, 11/8/2021]
(1) Purposes.
(a)
The purpose of this subsection is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in the Borough of State College (referred
to herein as the "Borough"). While the Borough recognizes the importance
of wireless communications facilities in providing high-quality communications
service to its residents, the Borough also recognizes that it has
an obligation to protect public safety and to minimize the adverse
effects of such facilities through the standards set forth in the
following provisions.
(b)
By enacting these provisions, the Borough intends to:
(i)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
of necessary services;
(ii)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Borough residents and wireless
carriers in accordance with federal and state laws and regulations;
(iii) Establish procedures for the design, siting,
construction, installation, maintenance and removal of both telecommunications
towers and non-tower-based wireless communications facilities in the
Borough, including facilities both inside and outside the public rights-of-way;
(iv)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, small wireless
communications facilities, cable Wi-Fi and other wireless communications
facilities;
(v)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(vi)
Promote the health, safety, and welfare of the Borough's residents.
(2) General and Specific Requirements for Non-Tower Wireless Communications
Facilities.
(a)
The following regulations shall apply to all non-tower WCFs
that do not meet the definition of a small WCF:
(i)
Permitted in All Zones Subject to Regulations. Non-tower WCFs
are permitted by right outside of the public rights-of-way in all
zones subject to the restrictions and conditions prescribed by this
§ 19-2001.e(2) and generally applicable permitting by the
Borough.
(ii)
Eligible Facilities Request. WCF applicants proposing a modification
to an existing WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from the Borough Building Code Official. In order to be considered
for such permit, the WCF applicant must submit a permit application
to the Borough in accordance with applicable permit policies and procedures.
(iii) Nonconforming Wireless Support Structures. Non-tower
WCFs shall be permitted to co-locate upon nonconforming telecommunications
towers and other nonconforming structures. Co-location of WCFs upon
existing telecommunications towers is encouraged even if the telecommunications
tower is nonconforming as to use within a zoning district.
(iv)
Standard of Care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, or to the industry standard applicable
to the structure. Any WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Borough.
(v)
Wind and Ice. All non-tower WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the Engineering
Departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard applicable to the structure.
(vi)
Aviation Safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(vii) Public Safety Communications. Non-tower WCFs
shall not interfere with public safety communications or the reception
of broadband, television, radio, or other communication services enjoyed
by occupants of nearby properties.
(viii) Radio Frequency Emissions. A non-tower WCF shall
not, by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(ix)
Removal. In the event that use of a non-tower WCF is to be discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs, or portions of WCFs, shall be removed as
follows:
1)
All abandoned or unused WCFs and accessory equipment shall be
removed within 60 days of the cessation of operations at the site
unless a time extension is approved by the Borough.
2)
If the WCF or accessory equipment is not removed within 60 days
of the cessation of operations at a site, or within any longer period
approved by the Borough, the WCF and/or associated facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
(x)
Insurance. Each person that owns or operates a non-tower WCF
shall annually provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the non-tower WCF.
(xi)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors, arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Borough in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(xii) Maintenance. To the extent permitted by law,
the following maintenance requirements shall apply:
1) The non-tower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
2) Such maintenance shall be performed to ensure compliance
with applicable structural safety standards and radio frequency emissions
regulations.
3) All maintenance activities shall conform to industry
maintenance standards.
(xiii) Timing of Approval.
1) 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.
2) Within 90 days of receipt of a complete application
for a non-tower WCF on a preexisting wireless support structure that
substantially changes the wireless support structure to which it is
attached, and subject to applicable tolling procedures, the Borough
shall make a final decision on whether to approve the application
and shall notify the WCF applicant in writing of such decision.
3) Within 60 days of receipt of a complete application
for a non-tower WCF on a preexisting wireless support structure that
does not substantially change the wireless support structure to which
it is attached, and subject to applicable tolling procedures, the
Borough shall issue the required building and zoning permits authorizing
construction of the WCF. All applications for such WCF shall designate
that the proposed WCF meets the requirements of an eligible facilities
request.
(b)
In addition to the requirements in § 19-2001.e(2)(a)
above, the following regulations shall apply to all non-tower WCFs
that substantially change the wireless support structure to which
they are attached, or that otherwise do not fall under the Pennsylvania
Wireless Broadband Collocation Act:
(i)
Noncommercial Usage Exemption. Borough residents utilizing satellite
dishes, citizen and/or band radios, and antennas for the purpose of
maintaining television, phone, and/or internet connections at their
residences shall be exempt from the regulations enumerated in this
§ 19-2001e.
(ii)
Small WCF Exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 19-2001.e(2). Such small WCF shall be subject only to applicable permitting and the requirements of § 19-2001.e(3) and Chapter
XVI, Part
D, of the Borough Code.
(iii) Prohibited on Certain Structures. No non-tower
WCF shall be located on a dwelling, except for a multiple dwelling.
(iv)
Historic Buildings. No non-tower WCF may be located within 100
feet of any property, or on a building or structure that is listed
on either the National or Pennsylvania Register of Historic Places,
or eligible to be so listed, located within an historic district,
or is included in the official historic structures list maintained
by the Borough.
(v)
Permit Fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs. Such permit
fees shall be established by the Borough Fee Schedule and shall comply
with the applicable requirements of the FCC.
(vi)
Development Regulations.
1)
All non-tower WCF applicants must submit documentation to the
Borough justifying the total height of the WCF.
2)
If the WCF applicant proposes to locate the accessory equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(vii) Design. Non-tower WCFs shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
utilized by the WCF applicant shall be subject to the approval of
the Borough.
(viii) Removal, Replacement and Substantial Change.
1) The removal and replacement of non-tower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not substantially
change the overall height of the WCF or increase the number of antennas.
2) Any substantial change to a WCF shall require notice
to be provided to the Borough, and possible supplemental permit approval
as determined by the Borough.
(ix)
Inspection. The Borough reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the lease area of any property upon which a WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance.
(3) General and Specific Requirements for Telecommunications Towers.
(a)
The following regulations shall apply to all telecommunications
towers that do not meet the definition of a small WCF.
(i)
Conditional Use Authorization Required. Telecommunications towers
are permitted by conditional use and at a height necessary to satisfy
their function in the WCF applicant's wireless communications system,
subject to the requirements of this § 19-2001.e(2).
1)
Upon submission of an application for a telecommunications tower
and the scheduling of the public hearing upon the application, the
WCF applicant shall send via first-class mail notice to all owners
of every property within 500 feet of the proposed facility, advising
of the subject matter and date of such hearing. Such notice shall
be sent 10 days in advance of any such hearing. The WCF applicant
shall provide proof of the notification to the Borough Council along
with the list of return receipts received.
2)
Prior to the Borough Council's approval of a conditional use
authorizing the construction and installation of telecommunications
tower, it shall be incumbent upon the WCF applicant for such conditional
use approval to prove to the reasonable satisfaction of Borough Council
that the WCF applicant cannot adequately extend or infill its communications
system by the use of equipment such as repeaters, antenna(s) and other
similar equipment installed on existing structures, such as utility
poles or their appurtenances and other available structures. The WCF
applicant shall further demonstrate that the proposed telecommunications
tower must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable, less-intrusive
alternative location exists. This test is also met when the WCF applicant
demonstrates that the WCF is being proposed to densify an existing
wireless network, introduce new services or otherwise improve service
capabilities.
3)
The conditional use application shall include a site plan, drawn
to scale, showing property boundaries, power location, total height
of the telecommunications tower, guy wires and anchors, existing structures,
elevation drawings, typical design of proposed structures, parking,
fences, landscaping and existing uses on adjacent properties.
4)
The conditional use application shall be accompanied by a description
of the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
5)
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed telecommunications tower
complies with all state and federal laws and regulations concerning
aviation safety.
6)
Where the telecommunications tower is located on a property
that is not owned by the WCF applicant, the WCF applicant shall present
documentation to Borough Council that the owner of the property has
granted an easement or other property right, if necessary, for the
proposed WCF and that vehicular access will be provided to the facility.
7)
Prior to the Borough's issuance of a zoning permit authorizing
construction and erection of a telecommunications tower, a structural
engineer licensed in the Commonwealth of Pennsylvania shall issue
to the Borough a written certification of the proposed WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunication Industry Association
and certify the proper construction of the foundation and the erection
of the structure. This certification shall be provided during the
conditional hearings or at a minimum be made as a condition attached
to any approval given such that the certification be provided prior
to issuance of any zoning permit.
8)
An application for a new telecommunications tower shall demonstrate
that the proposed telecommunications tower cannot be accommodated
on an existing or approved structure or building. Borough Council
may deny an application to construct a new telecommunications tower
if the WCF applicant has not made a good faith effort to mount the
antenna(s) on an existing structure. The WCF applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within a one-mile radius of the site proposed, sought permission to
install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
[a] The proposed antenna and accessory equipment would
exceed the structural capacity of the existing building, structure
or tower, and its reinforcement cannot be accomplished at a reasonable
cost.
[b] The proposed antenna and accessory equipment would
cause radio frequency interference with other existing equipment for
that existing building, structure, or tower and the interference cannot
be prevented at a reasonable cost.
[c] Such existing buildings, structures, or towers
do not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[d] A commercially reasonable agreement could not be
reached with the owner of such building, structure, or tower.
9)
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed telecommunications tower
complies with all applicable provisions of this chapter.
(ii)
Development Regulations.
1)
Telecommunications towers shall not be located in, or within
50 feet of, an area in which all utilities are located underground,
unless the WCF applicant proves to the satisfaction of the Borough
that installing its facility in such a location is necessary to provide
wireless service and that no other feasible alternative exists.
2)
Telecommunications towers are permitted outside the public rights-of-way
in the following zoning districts by conditional use, subject to the
requirements of this chapter:
[a] General Commercial District.
[b] Planned Industrial District.
[c] Commercial Incentive District.
3)
Sole Use On a Lot. A telecommunications tower shall be permitted
as a sole use on a lot, provided that the underlying lot meets the
minimum requirements of the underlying zoning district.
4)
Combined with Another Use. A telecommunications tower may be
permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
[a] The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[b] Minimum Lot Area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the telecommunications tower and
guy wires, the equipment building, security fence, and buffer planting.
(iii) Design Regulations.
1) Height. One hundred fifty feet, measured from the
average natural grade of the approved facility area to the top point
of the telecommunications tower, except for locations above elevation
1,400 feet as shown on the appropriate U.S. Geological Survey Topographic
Quadrangle mapping, in which case, the maximum height shall be 50
feet or the average height of the trees, measured from the average
natural grade of the approved facility area to the top point of the
telecommunications tower. In addition, the wireless communications
facility must be of a concealed, camouflaged or stealth design that
blends into the natural environment so as not to be seen or recognized.
This includes "tree" poles, or architecturally screened antennas that
can be attached to existing structures other than towers. Lighting
shall be prohibited from these concealed towers and/or antennas.
2) Visual Appearance and Land Use Compatibility. Telecommunications
towers shall employ stealth technology, which may include the tower
portion to be painted brown or another color approved by Borough Council
or shall have a galvanized finish. All telecommunications towers and
accessory equipment shall be aesthetically and architecturally compatible
with the surrounding environment and shall maximize the use of a like
facade to blend with the existing surroundings and neighboring buildings
to the greatest extent possible. Borough Council shall consider whether
its decision upon the subject application will promote the harmonious
and orderly development of the zoning district involved; encourage
compatibility with the character and type of development existing
in the area; prevent a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
3) Any proposed telecommunications tower shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
4) Any telecommunications tower over 40 feet in height
shall be equipped with an anti-climbing device, as approved by the
manufacturer.
5) Minimum Setbacks. As required in the applicable
zoning district, except for the following: No telecommunications tower
shall be located closer than 200 feet or 110% of the proposed telecommunications
tower height, whichever is greater, from any existing property line
of any lot containing a residential use, regardless of the zoning
district in which the telecommunications tower and Accessory Equipment
are located.
(iv)
Surrounding Environs.
1)
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.
2)
The WCF applicant shall submit a soil report to the Borough
Council complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the telecommunications tower, and anchors for
guy wires, if used.
(v)
Fence/Screen.
1)
A security fence (including security wiring) of approved design
of not less than eight feet, and no greater than 10 feet, shall completely
enclose the WCF. A fence of not less than eight feet and not greater
than 10 feet shall also completely enclose the anchored locations
of guy wires, if used.
2)
The applicant shall submit a landscaping plan. Sites in which
WCFs are located shall be required to comply with the following landscaping
requirements:
[a] Landscaping and planting shall be provided for
a minimum depth of 15 feet along all public rights-of-way abutting
the lot where the telecommunications tower is located. COD (Corridor
Overlay District) requirements shall take precedence over the fifteen-foot
minimum landscaping requirement if a telecommunications facility is
located within a COD.
[b] Landscaping, consisting of sight-obscuring trees
and shrubs in accordance with the Buffer Yard C requirements, as specified
in § 19-1927.b(6) of this chapter, shall be required at
the perimeter of the security fences and the telecommunications facility.
Existing wooded areas, tree lines and hedgerows adjacent to the facility
shall be preserved and used to substitute or meet a portion of the
buffer yard requirements.
(vi)
Accessory Equipment.
1)
Ground-mounted accessory equipment associated or connected with
a telecommunications tower shall not be located within 50 feet of
a lot in residential use.
2)
Accessory equipment associated, or connected, with a telecommunications
tower shall be placed underground or screened from public view using
stealth technology. All ground-mounted accessory equipment, utility
buildings and accessory structures shall be architecturally designed
to blend into the environment in which they are situated and shall
meet the minimum setback requirements of the underlying zoning district.
3)
Either one single-story wireless communications equipment building
not exceeding 500 square feet in area or its equivalent may be permitted
for each unrelated company sharing commercial communications antenna
space on the telecommunications tower outside of the public ROW.
(vii) Standard of Care. Any telecommunications tower
shall be designed, constructed, operated, maintained, repaired, modified
and removed in strict compliance with all current applicable technical,
safety and safety-related codes, including, but not limited to, the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, National Electrical
Code, the Pennsylvania Uniform Construction Code, as well as the accepted
and responsible workmanlike industry practices of the National Association
of Tower Erectors. Any telecommunications tower shall at all times
be kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Borough.
(viii) Additional Antennas. As a condition of approval
for all telecommunications towers, the WCF applicant shall provide
the Borough Council with a written commitment that it will allow at
least two other service providers to co-locate antennas on telecommunications
towers where technically and economically feasible. To the extent
permissible under state and federal law, the owner of a telecommunications
tower shall not install any additional antennas without complying
with the applicable requirements of this § 19-2001.e(3)(a).
(ix)
Eligible Facilities Request. WCF applicants proposing a modification
to an existing WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from the Borough Building Code Official. In order to be considered
for such permit, the WCF applicant must submit a permit application
to the Borough in accordance with applicable permit policies and procedures.
(x)
FCC License. Each person that owns or operates a telecommunications
tower shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(xi)
Inspection. The Borough reserves the right to inspect any telecommunications
tower to ensure compliance with the Zoning Ordinance and any other
provisions found within the Borough Code or state or federal law.
The Borough and/or its agents shall have the authority to enter the
lease property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(xii) Wind and Ice. Any telecommunications tower shall
be designed to withstand the effects of wind gusts and ice to the
standard designed by the American National Standards Institute as
prepared by the Engineering Department of the Telecommunications Industry
Association (ANSI/TIA-222, as amended).
(xiii) Public Safety Communications. No telecommunications
tower shall interfere with public safety communications or the reception
of broadband, television, radio, or other communication services enjoyed
by occupants of nearby properties.
(xiv) Maintenance. The following maintenance requirements
shall apply:
1) Any telecommunications tower shall be fully automated
and unattended on a daily basis and shall be visited only for maintenance,
repair, or replacement.
2) Such maintenance shall be performed to ensure the
upkeep of the WCF in order to promote the safety and security of the
Borough's residents and utilize industry standard technology for preventing
failures and accidents.
(xv)
Radio Frequency Emissions. A telecommunications tower shall
not, by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(xvi) Signs. All telecommunications towers shall post
a sign in a readily visible location identifying the name and phone
number of a party to contact in the event of an emergency. The only
other signage permitted on the WCF shall be those required by the
FCC, or any other federal or state agency.
(xvii) Lighting. No telecommunications tower shall
be artificially lighted, except as required by law. If lighting is
required, the WCF applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under state and federal regulations. The WCF applicant
shall promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the Borough Secretary.
(xviii) Noise. Telecommunications towers shall be operated
and maintained so as not to produce noise in excess of applicable
noise standards under state law and the Borough Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
(xix) Storage. The storage of unused equipment, materials
or supplies is prohibited on any telecommunications tower site.
(xx)
Timing of Approval. Within 30 calendar days of the date that
an application for a telecommunications tower is filed with the Borough,
the Borough shall notify the WCF applicant in writing of any information
that may be required to complete such application. All applications
for telecommunications towers shall be acted upon within 150 days
of the receipt of an application for the approval of such telecommunications
tower, subject to applicable tolling procedures, and the Borough Council
shall advise the WCF applicant in writing of its decision. If additional
information was requested by the Borough to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the 150-day review period.
(xxi) Nonconforming Uses. Nonconforming telecommunications
towers which are hereafter damaged or destroyed due to any reason
or cause may be repaired and restored at their former location but
must otherwise comply with the terms and conditions of this section.
The co-location of antennas is permitted on nonconforming structures.
(xxii) Removal. In the event that use of a telecommunications
tower is planned to be discontinued, the owner shall provide written
notice to the Borough of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
1) All unused or abandoned telecommunications towers
and accessory equipment shall be removed within 90 days of the cessation
of operations at the site unless a time extension is approved by the
Borough.
2) If the WCF and/or accessory equipment is not removed
within 90 days of the cessation of operations at a site, or within
any longer period approved by the Borough, the WCF and accessory facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF.
3) Any unused portions of telecommunications towers,
including antennas, shall be removed within 90 days of the time of
cessation of operations. The Borough must approve all replacements
of portions of a telecommunications tower or pole facility previously
removed.
(xxiii) Permit Fees. The Borough may assess appropriate
and reasonable permit fees directly related to the Borough's actual
costs in reviewing and processing the application for approval of
a telecommunications tower, as well as related inspection, monitoring,
and related costs. Such permit fees shall be established by the Borough
fee schedule and shall comply with the applicable requirements of
the FCC.
(xxiv) Insurance. Each person that owns or operates
a telecommunications tower shall provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the telecommunications
tower.
(xxv) Indemnification. Each person that owns or operates
a telecommunications tower shall, at its sole cost and expense, indemnify,
defend and hold harmless the Borough, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the telecommunications tower. Each person
that owns or operates a telecommunications tower shall defend any
actions or proceedings against the Borough in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of telecommunications tower. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
(xxvi) Engineer Signature. All plans and drawings for
a telecommunications tower shall contain a seal and signature of a
professional structural engineer, licensed in the Commonwealth of
Pennsylvania.
(4) Regulations Applicable to Aall Small Wireless Communications Facilities.
(a)
Small WCFs are permitted by administrative approval from the Borough of State College in the rights-of-way of all Borough zoning districts, subject to the requirements of Chapter
XVI, Part
D, and all applicable permitting as required by the Borough Code.
[Ord. 1079, 4/11/1984, Section 2; Ord. 1961, 2/7/2011, Section
2]
a. Any building that is legally being used as a fraternity house and
such building is located in a zoning district where rooming house
is not a permitted use or is located in the ROA zoning district, may
be used as a rooming house on a temporary basis up to a maximum of
two years subject to all of the following criteria and standards:
(1) The building's ownership entity has closed the fraternity house because
of disciplinary or behavioral problems caused by house members and
the fraternity's alumni corporation intends to re-colonize the fraternity
house within two years following the date of closure.
(2) The building has an uninterrupted history of being used as a fraternity
house for a period of at least five years preceding the temporary
use application.
(3) A zoning permit authorizing the temporary use of the property as
a rooming house is obtained. The application shall be authorized by
the fraternity's alumni corporation and must be approved by the building's
ownership entity when different from the alumni corporation.
(4) The zoning permit must be applied for within 120 days of the building's
closure. Thereafter, eligibility for the temporary use permit is lost.
(5) The maximum time that the building may be used as a rooming house
shall be two years. The time period shall commence on the date that
the temporary use permit is issued.
(6) The building must be vacant at the time when the zoning permit is
issued. Once closed no residents, except for a single resident caretaker,
may occupy the building until the building is duly licensed as a temporary
rooming house or its status as a fraternity house is resumed or it
is otherwise changed to a legal land use in the zoning district.
(7) Once converted to a rooming house, the building ownership entity
shall retain oversight in managing the property and shall appoint
one or more persons, who is not a college or university student (either
graduate or undergraduate), to be a resident manager in charge of
the rooming house. Such person or persons shall reside within the
building and shall be readily available to address any problems at
the premises.
(8) Rooming house residency shall be contingent upon the terms of a lease
with the building ownership entity entered into individually by all
tenants. The term of such lease shall not exceed the duration of the
temporary use permit. A copy of the lease shall be made available
to the Borough of State College upon request.
(9) Once converted to a rooming house, should offenses occur that result
in the property being identified as a "Problem Property" under the
permit suspension provisions within Section 806 of the Centre Region
Building Safety and Property Maintenance Code (most current edition
as adopted by the Borough), the temporary use permit shall be revoked
and immediate steps shall be taken by the building ownership entity
to have the building vacated and closed. Continued residential occupancy
of the building as a rooming house shall constitute a zoning violation.
(The term "Problem Property" is used in the Centre Region Building
Safety and Property Maintenance Code to describe a rental property
that has accumulated five or more points within a one-year period.)
(10)
The number of persons allowed to reside in a rooming house under
this temporary use provision, including those in the ROA district,
shall not exceed the maximum number of persons that legally resided
in-the fraternity house at any given time during the five year period
immediately preceding the date of the temporary use application. Such
occupancy is further contingent upon compliance with applicable building,
property maintenance, and fire codes. (Occupancy of a building in
the ROA district operating as a rooming house under this temporary
use provision is not bound to the five person limit established in
Section 1152 of the zoning ordinance, and defaults to the above mentioned
standards.)
(11)
Under this temporary use provision, existing parking at the
fraternity house shall be deemed sufficient in number and standard
to satisfy off-street parking required for the temporary use. Existing
parking spaces shall be used exclusively as an accessory use to the
rooming house. Renting parking spaces or otherwise providing them
to nonresident users, except for short-term parking by house visitors,
is expressly prohibited.
(12)
A building shall only be eligible for a temporary use permit
once every five years. The five-year period shall commence upon expiration
of the preceding temporary use permit.