[Amended 12-6-2021 by Ord. No. 1852]
The purpose of this article is to:
A.
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;
B.
Accommodate the need for wireless communications facilities while
regulating their location, placement and design so as to ensure the
provision of necessary services;
C.
Establish procedures for the design, siting, construction, installation,
maintenance and removal of non-tower wireless communications facilities,
small wireless communications facilities, and tower-based wireless
communications facilities in the Borough, including facilities both
inside and outside the public rights-of-way;
D.
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;
E.
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 wireless communications facilities on existing
infrastructure; and
F.
Promote the health, safety and welfare of the Borough's residents.
A.
Wireless communications facilities for which a permit has been issued
prior to the effective date of this article shall not be required
to meet the minimum requirements of this article.
B.
This article shall not govern the installation of any amateur radio
facility that is owned by a federally licensed amateur radio station
operator or that is used exclusively for receive-only antennas.
C.
This article shall supersede all conflicting requirements of other
codes and ordinances of the Borough of Green Tree regarding the location
and permitting of wireless communications facilities.
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, including
but 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 radiofrequency
(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.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
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-based WCF 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 that are co-located on
existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flagpoles and other similar structures that
do not require the installation of a new tower.
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.
Right-of-way.
A wireless communications facility that meets all of the
following criteria:
The wireless support structure on which antenna facilities are
mounted:
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume;
All accessory equipment associated with the wireless support
structure, including the wireless equipment associated with the antenna
and any preexisting associated equipment on the wireless support structure,
is cumulatively no more than 28 cubic feet in volume;
The wireless communications facility does not require antenna
structure registration under 47 CFR Part 17;
The wireless communications facility is not located on tribal
lands, as defined under 36 CFR 800.16(x); and
The wireless communications facility does not result in human
exposure to radiofrequency radiation in excess of the applicable safety
standards specified in 47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
A modification substantially changes the physical dimensions
of a wireless support structure if it meets the criteria established
by 47 CFR 1.6100.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
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, and/or
commercial radio signals.
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned or third-party land or property.
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 (whether on its own or commingled
with other types of services).
A.
Standard of care.
(1)
All WCFs shall meet or exceed all applicable standards and provisions
of the FAA, the FCC and any other agency of the state or federal government
with the authority to regulate wireless communications facilities,
the latest National Electrical Safety Code (NESC). American National
Standards Institute (ANSI) Code, and the structural standards of the
American Association of State Highway and Transportation Officials
or any other industry standard applicable to the structure. In case
of conflict, the most stringent requirements shall prevail.
(2)
If such standards or regulations are changed, the owner of the
WCF shall bring such WCF into compliance with the revised standards
within six months of the effective date of such standards or regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring such facilities into compliance
shall constitute grounds for revocation of the WCF permit and removal
of the WCF at the owner's expense.
(3)
The WCF applicant shall submit proof of compliance with all
applicable federal and state standards, including but not limited
to those established by the Federal Communications Commission, as
part of any complete WCF application.
B.
Engineer signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer,
licensed in the Commonwealth of Pennsylvania and certifying compliance
with all local, state and federal laws and regulations applicable
to the proposed WCF.
C.
Eligible facilities requests. WCF applicants proposing a modification
to an existing WCF shall be required only to obtain permits of general
applicability from the Borough. In order to be considered for such
permits, the WCF applicant must submit permit applications to the
Borough in accordance with the requirements of the Borough Code. Such
permit applications shall clearly state that the proposed modification
constitutes an eligible facilities request pursuant to the requirements
of 47 CFR 1.6100. The permit applications shall detail all dimensional
changes being made to the WCF and wireless support structure.
D.
Wind and ice. All 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.
E.
Nonconforming wireless support structures. WCFs shall be permitted
to co-locate upon nonconforming wireless support structures in existence
prior to the effective date of this article. Co-location of WCFs upon
existing wireless support structures is encouraged even if the existing
wireless support structure is nonconforming as to use within a zoning
district.
F.
Inspections; reports. Inspection reports shall be submitted to the
Borough upon request to ensure structural integrity and compliance
with applicable federal, state and local codes and regulations.
G.
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 WCF, as well as related
inspection, monitoring, and related costs. Such permit fees shall
be established by the Borough fee schedule.
H.
Indemnification. Each person that owns or operates a WCF shall, at
its sole cost and expense, indemnify, defend and hold harmless the
Borough, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a 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 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.
I.
Historic buildings. No WCFs may be located within 25 feet of any
property, or on a building or structure that is listed on either the
National or Pennsylvania Registers of Historic Places, or eligible
to be so listed under the Pennsylvania Historic District Act[1] or Municipalities Planning Code,[2] located within an historic district, or is included in
the official historic structures list maintained by the Borough.
J.
Abandonment; removal. In the event that use of a 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.
A WCF not operated for a period of 12 months shall be considered abandoned.
Discontinued 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 90 days of the cessation of operations at the site
or receipt of notice that the WCF has been deemed abandoned by the
Borough, unless a time extension is approved by the Borough.
(2)
If the WCF 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/or associated facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF regardless of the owner's or operator's
intent to operate the WCF in the future.
(3)
The Borough reserves the right to pursue all available remedies
under the law to ensure removal of the WCF and restoration of the
site at the expense of the owner. Any delay by the Borough in taking
action shall not invalidate the Borough's right to take action.
(4)
Where there are two or more users of a single WCF, this provision
shall not become effective until all users have terminated use of
the WCF for a period of 12 months.
K.
Maintenance. The following maintenance requirements shall apply:
(1)
All WCFs 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 in accordance with all applicable Borough, state and
federal regulations.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents. Maintenance
logs will be provided to the Borough upon request.
L.
Timing of approval. The following table details the applicable time
frame of approval for each type of WCF application:
|
Type of WCF/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Eligible facilities request
|
30 calendar days from receipt of application; 10 calendar days
from receipt of supplemental application for subsequent notices
|
60 calendar days
|
|
Small WCF (co-located)
|
10 business days from receipt of initial or supplemental application
|
60 calendar days
|
|
Small WCF (new or replacement wireless support structure)
|
10 business days from receipt of initial or supplemental application
|
90 calendar days
|
|
Non-tower WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
90 calendar days
|
|
Tower-based WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
150 calendar days
|
The following regulations shall apply to all non-tower WCFs
that do not meet the definition of a small WCF:
A.
Permitted in certain districts. If co-location of a small WCF on an existing utility pole is not technically feasible, non-tower WCFs shall be permitted outside the public rights-of-way as a conditional use in all zoning districts subject to the requirements of this § 420-202.
B.
Application procedures.
(1)
Applications for non-tower WCFs shall be submitted to the Borough
Zoning Officer.
(2)
All applications for non-tower WCFs shall include the following
information:
(a)
The conditional use application shall include a site plan, drawn
to scale, showing property boundaries, power location, total height
of the non-tower WCF, the entirety of the structure upon which the
non-tower WCF will be co-located, and accessory equipment locations.
(b)
The conditional use application shall include a before-and-after
depiction of the proposed site, such as a construction drawing, showing
all equipment being proposed as part of the non-tower WCF.
(c)
If the non-tower WCF is proposed for location on a wireless
support structure that currently supports existing WCFs or other attachments,
the depiction shall show the location and dimensions of all such attachments.
(d)
The conditional use application shall include the manufacturer
and model, proposed location, and physical dimensions (including volume)
of each piece of equipment proposed as part of the non-tower WCF.
(e)
The conditional use application shall include an aerial photograph
of the proposed site showing the area within 500 feet of the non-tower
WCF. The aerial photograph shall identify all structures within such
radius.
(f)
The conditional use application shall include photo simulations
depicting the non-tower WCF from at least three locations near the
proposed site. The photo simulations should reflect the proposed design
and location of all equipment associated with the non-tower WCF.
(g)
The conditional use application shall include a written certification
by a structural engineer licensed in the Commonwealth of Pennsylvania
confirming that the proposed non-tower WCF and wireless support structure
are structurally sound and shall not endanger public health and safety.
(h)
The conditional use application shall include a report by a
qualified engineering expert which shows that the non-tower WCF will
comply with applicable FCC regulations, including applicable standards
for radiofrequency emissions.
(i)
The conditional use application shall include a certificate of insurance as required by § 420-202H.
(j)
The conditional use application shall include a certification of the application's compliance with all requirements of this § 420-202.
(k)
The conditional use application shall include all application
fees required by the Borough as detailed in the Borough fee schedule.
C.
Development regulations.
(1)
The total height of any non-tower WCF shall not exceed 20 feet
above the maximum height permitted in the underlying zoning district.
(2)
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Borough showing that the proposed
non-tower WCF is designed to be the minimum height technically feasible
and justifying the total height of the non-tower WCF.
(3)
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. 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 grow to
a minimum height of 15 feet at maturity.
(4)
A security fence with a height of 10 feet shall surround any
separate communications equipment building if such communications
equipment building is located at ground level. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
D.
Design.
(1)
In order to assist in evaluating the visual impact, the WCF
applicant shall provide color photo simulations showing the proposed
site of the non-tower WCF with a photo-realistic representation of
the proposed WCF as it would appear viewed from the closest residential
property, adjacent roads and from other locations as required by the
Borough.
(2)
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.
(3)
Non-tower WCFs shall, to the extent technically feasible, incorporate
architectural features, materials and colors which blend with surrounding
buildings, structures, terrain or landscape.
(4)
Non-tower WCFs and accessory equipment must be of a neutral
color that is identical to or closely compatible with the wireless
support structure so as to make the WCF and accessory equipment as
visually unobtrusive as possible. Roof-mounted non-tower WCFs shall
match existing air-conditioning units, stairs, elevator towers or
other background as nearly as possible.
E.
Prohibited on certain structures. No non-tower WCF shall be located
on single-family or two-family dwellings.
F.
Third-party wireless support structures. Where the non-tower WCF
is proposed for co-location on a wireless support structure that is
not owned by the WCF applicant, the WCF applicant shall present documentation
to the Zoning Officer that the owner of the wireless support structure
has authorized co-location of the proposed non-tower WCF.
G.
Retention of experts. The Borough may hire any consultant(s) and/or
expert(s) necessary to assist the Borough in reviewing and evaluating
the application for approval of the WCF at its sole discretion and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these WCF provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Borough for all costs
of the Borough's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
H.
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.
I.
Substantial change. Any substantial change to a WCF shall require
notice to be provided to the Borough Zoning Officer, and possible
supplemental permit approval as determined by the Borough Zoning Officer
in accordance with the Borough Code.
J.
Timing of approval.
(1)
Within 30 calendar days of the date that an application for
a non-tower WCF is filed with the Borough Zoning Officer, the Borough
Zoning Officer shall notify the WCF applicant, in writing, of any
information that may be required to complete such application. Any
subsequent notice of incompleteness shall be issued within 10 business
days of receipt of a resubmitted application and shall toll the applicable
time frame for approval until such time as the application is resubmitted.
(2)
Within 90 days of receipt of a complete application for a non-tower
WCF, Borough Council shall make a decision to approve or deny the
proposed non-tower WCF and the Borough Zoning Officer shall issue
the required building and zoning permits authorizing construction
of the WCF.
The following regulations shall apply to all tower-based wireless
communications facilities that do not meet the definition of a small
WCF.
A.
Conditional use. Tower-based WCFs are permitted as a conditional use outside the public rights-of-way on Borough-owned property in the Single-Family Residential, Rural Residential, Recreation and A-1 Commercial Zoning Districts, subject to the requirements of this § 420-203.
(1)
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall mail notice to all owners of property within 500 feet
of the proposed WCF. The WCF applicant shall provide proof of the
notification to the Borough.
(2)
Prior to Borough Council's approval of a conditional use
authorizing the construction and installation of a tower-based WCF,
the WCF applicant shall demonstrate that the proposed tower-based
WCF 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.
(3)
The conditional use application shall include a site plan, drawn
to scale, showing property boundaries, power location, total height
of the tower-based WCF, 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 include aerial photographs
of the area within a 500-foot radius of the proposed tower-based WCF
and identify all existing WCFs in that area.
(5)
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.
(6)
The conditional use application shall include evidence that
a gap in wireless coverage or capacity exists in the applicable area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage.
(7)
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the WCF applicant shall present evidence
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.
(8)
The conditional use application shall include a written certification
by a structural engineer licensed in the Commonwealth of Pennsylvania
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.
(9)
An application for a new tower-based WCF shall demonstrate that
the proposed tower-based WCF cannot be accommodated on an existing
wireless support structure. Borough Council may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good faith effort to mount the antenna(s) on an existing wireless
support structure. The WCF applicant shall demonstrate that it contacted
the owners of all potentially feasible 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)
No existing support structure, building or other structure is
located within the geographic area which meets the applicant's
engineering requirements.
(b)
Existing support structures, buildings or other structures are
not of sufficient height to meet the applicant's engineering
requirements.
(c)
Existing support structures, buildings or other structures do
not have the strength to support the applicant's equipment.
(d)
The applicant's equipment would cause electromagnetic interference
with equipment on the existing support structure, building or other
structure.
(e)
Fees, costs or contractual provisions required by the owner
in order to share an existing location or to adapt for the applicant
are unreasonable. Costs exceeding new construction for a support structure
are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render other locations unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of a support structure, such as a cable microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is not suitable. Costs of alternative technology
that exceed costs for the construction of a wireless support structure
and antenna development shall not be presumed to render the technology
unsuitable.
(10)
The conditional use application shall include a report by a
qualified engineering expert which shows that the tower-based WCF
will comply with applicable FCC regulations, including applicable
standards for radiofrequency emissions.
B.
Development regulations.
(1)
Tower-based WCFs shall not be located in, or within 75 feet
of, an area in which all utilities are located underground.
(2)
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets the minimum
size specifications set forth in the Borough Zoning Code.
(3)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
(a)
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 tower-based WCF and accessory equipment, any guy wires,
the equipment building, security fence, and applicable screening.
C.
Design regulations.
(1)
Height. The maximum height of any tower-based WCF shall not
exceed 75 feet in the Single-Family Residential, Rural Residential,
and Recreation Districts. In all other zoning districts where a tower-based
WCF is authorized, the maximum height shall not exceed 125 feet.
(2)
Visual appearance and land use compatibility.
(a)
Tower-based WCFs shall employ stealth technology, which may
include the wireless support structure being painted a certain color
as approved by Borough Council or utilizing a galvanized finish.
(b)
All tower-based WCFs 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.
(c)
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)
Anti-climbing device. If deemed necessary by Borough Council,
a tower-based WCF shall be equipped with an anti-climbing device,
as approved by the manufacturer.
(4)
Minimum setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street right-of-way
line shall equal 75% of the proposed WCF structure's height or
the applicable principal building setback, whichever is greater, unless
the applicant shows to the satisfaction of Borough Council that the
proposed tower-based WCF has been designed in such a manner that a
lesser setback will have no negative effects on public safety.
D.
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 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 tower-based WCF, and anchors for guy wires,
if used.
E.
Fence/screen.
(1)
A chain-link security fence with the height of six feet in Single-Family
Residential, Rural Residential, and Recreation Districts, or a chain-link
security fence with a height of 10 feet in all other approved, conditional
use districts, shall completely surround any tower-based WCF located
outside the public rights-of-way, as well as guy wires, or any building
housing accessory equipment.
(2)
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. Borough Council may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if, in the discretion of Borough
Council, they achieve the same degree of screening. An evergreen screen
shall be required to surround the tower-based WCF site. The evergreen
screen shall be a minimum height of six feet at planting and shall
grow to a minimum of 15 feet at maturity.
F.
Accessory equipment.
(1)
Accessory equipment associated, or connected, with a tower-based
WCF 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 be concealed from public view to the maximum extent possible and
be compatible with the architecture of surrounding buildings, structures
or landscape.
(2)
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 antenna space on the tower-based
WCF.
G.
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide Borough Council with a written commitment that it will allow other service providers to co-locate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this Article XII.
H.
FCC license. Each person that owns or operates a tower-based WCF
shall submit a copy of its current FCC license, including the name,
address, and emergency telephone number for the operator of the facility.
I.
Signs. All tower-based WCFs 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.
J.
Lighting. No tower-based WCF 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.
K.
Storage. The storage of unused equipment, materials or supplies is
prohibited on any tower-based WCF site.
L.
Repair of nonconforming tower-based WCF. Nonconforming tower-based
WCFs in existence prior to the effective date of this article 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 in existence
prior to the effective date of this article.
M.
Insurance. Each person that owns or operates a tower-based WCF shall
provide the Borough Zoning Officer with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower-based WCF.
N.
Financial security. Prior to receipt of a zoning permit for the construction
or placement of a tower-based WCF, the WCF applicant shall provide
to the Borough financial security sufficient to guarantee the removal
of the tower-based WCF. Said financial security shall remain in place
until the tower-based WCF is removed.
O.
Timing of approval.
(1)
Within 30 calendar days of the date that an application for
a tower-based WCF is filed with the Borough Zoning Officer, the Borough
Zoning Officer shall notify the WCF applicant, in writing, of any
information that may be required to complete such application. Any
subsequent notice of incompleteness shall be issued within 10 business
days of receipt of a resubmitted application and shall toll the applicable
time frame for approval until such time as the application is resubmitted.
(2)
Within 150 days of receipt of a complete application for a tower-based
WCF, Borough Council shall make a decision to approve or deny the
proposed tower-based WCF and the Borough Zoning Officer shall issue
the required building and zoning permits authorizing construction
of the WCF.
A.
Application procedures.
(1)
Small WCFs shall be a permitted use in the public rights-of-way in all Borough zoning districts, subject to the requirements of this § 420-204 and generally applicable permitting as required by the Borough Code.
(2)
Applications for small WCFs shall be submitted to the Borough
Zoning Officer.
(3)
Applications for small WCFs shall include the following:
(a)
The name and contact information of both the WCF applicant and,
if different, the owner of the proposed WCF.
(b)
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small WCF, and a certification
that the WCF applicant has included all information required by the
Borough Code, signed by a representative of the WCF applicant.
(c)
A before-and-after depiction of the proposed site, such as a
photo simulation and/or construction drawing, showing all equipment
being proposed as part of the small WCF.
[1]
If the small WCF is proposed for location on an existing or
replacement wireless support structure that currently supports existing
attachments, the depiction shall show the location and dimensions
of all such attachments.
[2]
If installation of a new or replacement wireless support structure
is being proposed, the depiction shall include the color, dimensions,
material and type of wireless support structure proposed.
(d)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small WCF.
(e)
An aerial photograph of the proposed site showing the area within
500 feet of the small WCF. The aerial photograph shall identify all
structures within such radius.
(f)
Photo simulations depicting the small WCF from at least three
locations near the proposed site. The photo simulations should reflect
the proposed design and location of all equipment associated with
the small WCF.
(g)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
(h)
A report by a qualified engineering expert which shows that
the small WCF will comply with applicable FCC regulations, including
applicable standards for radiofrequency emissions.
(k)
All application fees required by the Borough as detailed in
the Borough fee schedule.
(4)
Timing of approval.
(a)
Within 10 business days of the date that an application for
a small WCF is filed with the Borough Zoning Officer, the Borough
shall notify the WCF applicant, in writing, of any information that
may be required to complete such application. The applicant may then
resubmit its application, at which point the applicable time frame
for approval shall restart. Any subsequent notice of incompleteness
shall be issued within 10 business days of receipt of a resubmitted
application and shall toll the applicable time frame for approval
until such time as the application is resubmitted.
(b)
Within 60 days of receipt of an application for co-location
of a small WCF on a preexisting wireless support structure, the Borough
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant, in writing, of such
decision.
(c)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new or replacement wireless support
structure, the Borough Zoning Officer shall make a final decision
on whether to approve the application and shall notify the WCF applicant,
in writing, of such decision.
(d)
If the Borough denies an application for a small WCF, the Borough
shall provide the WCF applicant with written documentation of the
basis for denial, including the specific provisions of the Borough
Code on which the denial was based, within five business days of the
denial.
(e)
The WCF applicant may cure the deficiencies identified by the
Borough and resubmit the application within 30 days of receiving the
written basis for the denial without being required to pay an additional
application fee. The Borough shall approve or deny the revised application
within 30 days of the application being resubmitted for review.
(5)
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable time frame under § 420-204A(4) shall be extended by 15 days.
B.
Location and development standards.
(1)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
C.
Time, place and manner. Once approved, the Borough shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
D.
Obstruction. Small WCFs shall be installed and maintained so as not
to obstruct nor hinder travel or public safety within the right-of-way
or obstruct the legal use of the right-of-way by the Borough and public
utilities.
E.
Graffiti. Any graffiti on a small WCF, including the wireless support
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 10 calendar days of notification by the
Borough.
F.
Design standards. All small WCFs in the Borough shall comply with
the requirements of the Borough Small Wireless Communications Facility
Design Manual. A copy of such shall be kept on file at the Borough
Department of Community Development.
G.
Relocation or removal of facilities. Within 90 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a small WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in
the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Borough.
H.
Time limit for completion of construction. The proposed co-location,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Borough
and the WCF applicant agree, in writing, to extend the period.
I.
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Borough's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Borough's actual ROW management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Borough. The owner of each small WCF
shall pay an annual fee to the Borough to compensate the Borough for
the Borough's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
J.
Insurance. Each person that owns or operates a small WCF shall annually
provide the Borough with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the small WCF.
