The regulations contained in this article are intended to apply
to all zoning districts, uses, structures or lots except as otherwise
provided in this chapter.
A.
Pending building permits.
(1)
Nothing in this chapter shall require any change in construction
or use of any structure for which a building permit was lawfully issued
prior to the effective date of this chapter, or any amendment thereto,
provided that construction has begun, or a contract or contracts have
been let pursuant to the permit issued prior to the effective date
of this chapter.
(2)
However, any building permit which was issued 30 days prior
to the adoption of this chapter shall be declared void at the time
of adoption of this chapter if the structure or use does not conform
to the provisions of this chapter and if no substantial construction
has begun or contract(s) let.
B.
Principal building. In the R-1 District, there shall be only one
principal building on each zoning lot.
C.
Mixed uses. Land, buildings, and structures shall be designed and
used only for authorized uses within respective zoning districts.
Except where specifically authorized by this chapter, multiple uses
of land, buildings or structures are prohibited.
D.
Dwelling in a basement. No dwelling unit or units shall be contained
in a basement or cellar.
E.
Trash and garbage disposal storage.
(1)
In C-1, and I-I Districts and for conditional uses in R/C-1
and CD Districts, exterior trash or garbage storage shall be screened
from a public street or adjacent property.
(2)
The first violation shall result in the issuance of a written
warning which shall provide that the violation must be corrected within
14 days. A second violation shall result in the assessment of a fine
of $50. Any violation thereafter shall be deemed a reoccurring violation
and shall result in the assessment of a fine of $500 a day until the
violation is corrected. If the Borough is required to enforce this
section in a court or collection of any fines in a court then, in
addition to any fines and costs, the Borough shall be entitled to
reasonable attorney's fees.
F.
Floodplain district. No zoning use of occupancy permit shall be issued
to any use or structure unless the required floodplain building permit
has been obtained.
H.
Visibility at intersections. No use or structure, whether publicly or privately owned, shall obstruct the clear sight distances at street or driveway intersections. The entire clear sight triangle, as defined by this chapter, shall be maintained. Required sight distances along intersecting streets shall be in accordance with the requirements of the Pennsylvania Department of Transportation regulations (67 Pa. Code Chapter 1). Zoning Hearing Board may approve a modification of these requirements where the applicant can demonstrate that a preexisting condition, which is not created by the applicant, makes it impossible to provide the required sight distances. Zoning Hearing Board may consider a variance approving a modification of these requirements where the applicant can demonstrate that preexisting condition, which was not created by the Applicant, makes it impossible to provide the required sight distances.
A.
Measurement of height. The authorized height of buildings shall be
measured in accordance with the definition of "height, maximum" in
this chapter.
B.
Height exceptions. Chimneys, flues, smokestacks, fire escapes, gas
holders, elevator enclosures, ventilators, skylights, water tanks
and similar rooftop structures required to operate the building, as
well as flag poles, television aerials, water towers and tanks, church
spires and towers, electric transmission towers, and transmission
towers for licensed amateur radio operators may exceed the maximum
height standard. No such object shall exceed a height of 75 feet,
and the required side yards shall be increased one foot for each five
feet such object exceeds 45 feet.
A.
Required lot area.
(1)
A portion of a lot once designated as a yard, or a lot area,
or portion thereof, used in calculating the number of dwelling units
permitted on that lot, shall not be again used as a factor in determining
the required area for another lot or building, nor shall it be sold
as a lot or parcel thereof, separate from the lot of which it is a
part.
(2)
Any portion of a lot which is recorded or otherwise reserved
for future street purposes shall not be used as a factor in determining
lot area per dwelling unit or yard dimensions.
B.
Unenclosed porches. For any residential structure, an unenclosed
porch may be erected in a required front or rear yard, provided it
does not extend more than 10 feet into a required yard and does not
exceed 14 feet or one story in height.
C.
Projections into a permitted yard. A buttress, chimney, cornice,
pier or pilaster, not projecting more than two feet from the wall
of a building, as well as unenclosed fire escapes, may project into
a required yard.
D.
Front yard exceptions.
(1)
The front yard setback of a lot may be reduced to the average
of the front yard of the two abutting structures. Where the lot is
situated between two lots on which the principal structures has maintained
a lesser setback since the enactment of this chapter.
(2)
Where the lot adjoins only one lot having a main building that
projects beyond the established front yard line, the front yard on
such lot may be the average of the front yard of the existing building
and the established front yard line.
A.
Permitted accessory uses. A permitted accessory use must comply with the definition of "accessory use" contained in Article II of this chapter. Examples of permitted uses are:
(1)
Garage, carport, shed or building for domestic storage, or open
storage of a boat, trailer or camper shall be limited to the rear
yard.
(2)
Child's playhouse, garden house, gazebo, and private greenhouse.
(4)
Civil defense shelter for not more than two families.
(5)
Storage of merchandise normally carried in stock on the same
lot with a permitted retail, service, or business use, only in the
rear yard area, unless such storage is excluded by the district regulations.
(6)
Storage of goods used in or produced by manufacturing activities,
on the same lot or parcel of ground with such activities, in the rear
yard only, unless such storage is excluded by the district regulations.
(7)
Off-street motor vehicle parking areas and loading and unloading facilities. See § 550-408B(2).
(8)
Signs were permitted by this chapter.
(9)
Employee restaurants and cafeterias when located in a permitted
business or manufacturing building.
B.
Prohibited accessory uses.
(1)
Outdoor storage or overnight parking of commercial trucks or
vans designated as Class III or above by the Pennsylvania Motor Vehicle
Code, or construction vehicles or equipment shall be prohibited in
any residential or mixed-use district. Construction vehicles or equipment
may be parked on a lot while construction activity is proceeding,
provided a building permit and/or zoning approval has been duly granted
for the construction activity.
(2)
Outdoor storage of campers, boats and boat trailers or similar
recreational vehicles is permitted in a rear yard in residential and
mixed-use districts.
(3)
Outdoor storage, except as specifically permitted by the district
regulations.
C.
Location of accessory uses. Unless otherwise stipulated by this chapter,
the following standards shall apply.
(1)
R-1 Districts.
(a)
Accessory uses, excluding signs permitted by this chapter, shall
not be located in a required front or side yard. However, a garage
or carport attached to the main structure may extend into a required
side yard, provided it is set back at least three feet from the side
lot line. On a corner lot, the minimum setback shall be five feet.
(b)
Accessory uses and structures may be located in a required rear
yard, provided they are set back at least three feet from the rear
lot line and shall maintain the same side yard as that required for
the principal structure, unless otherwise permitted by this chapter.
(2)
(3)
R/C-1, I-1 and CD Districts.
(a)
Accessory uses shall not be located in a required front yard.
(b)
Accessory uses and structures shall be located in a required
rear yard, provided they are set back at least three feet from the
rear lot line and shall maintain the same side yard as that required
for the principal structure, unless otherwise permitted by this chapter.
(4)
Notwithstanding any other provision of this chapter, no part
of any accessory structure shall be located closer than six feet to
any principal structure, unless it is attached to or forms a part
of such principal structure. No accessory structure shall be located
closer than three feet to another accessory structure on an abutting
property.
(5)
Accessory structures and uses shall otherwise comply the bulk
regulations applicable in the district in which they are located.
D.
Use limitations.
(1)
All accessory structures and uses shall comply with the use
limitations applicable to the zoning district in which they are located.
(2)
No accessory structure shall be constructed and occupied on
any lot prior to the time of the completion of the construction of
the principal structure to which it is accessory.
E.
Permit and maintenance requirements.
(1)
A zoning permit must be obtained from the Borough Building Inspector
for any new, expanded or altered accessory use or structure. The owner
is responsible for maintaining the accessory use/structure in safe
condition in accordance with all applicable regulations.
(2)
If the Building Inspector finds that an accessory structure
is not being used for its intended purpose or not being maintained,
the Building Officer shall give written notice to the owner to immediately
repair or remove it within 20 days from the receipt of the notice.
In the event the owner fails to comply with the Building Inspector's
written notice, the owner shall be considered in violation of this
chapter and subject to all of the penalties contained herein.
Unless otherwise stipulated, the following standards shall apply.
A.
Placement; materials; height.
(1)
Fences, walls (other than retaining) or screens may be erected
only in a side or rear yard, and within lot boundaries, in any zoning
district.
(2)
A retaining wall may be erected along any property line where
it is required to prevent a landslide or other hazardous conditions.
(3)
A fence or screen may be erected in a public right-of-way, at
the property owner's risk.
(5)
Fences or screens for schools, playgrounds, parks, and public
pools shall have a ratio of open to solid portion of not less than
6:1 and shall not exceed eight feet in height, unless otherwise approved
by Borough Council.
B.
Performance standards for fences, walls and screens.
(1)
In any district, trees, shrubs, and other planting are permitted
in any front yard, provided they do not block a clear view or vision
for vehicular traffic.
(2)
Authorized fences and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections, as required by § 550-402H of this chapter.
(3)
Fences shall not contain barbs or similar types of injurious
hazards, unless specifically approved by Borough Council for security
reasons.
C.
Screening, fencing for commercial, industrial uses. Wherever this
chapter requires screening of a commercial or industrial use, or portion
thereof, that screening shall be in accordance with the SALDO if applicable
the following standards shall apply:
(1)
A planted screen shall be of sufficient density and type of
planting material to provide a year-round visual barrier, within two
growing seasons of planting. The minimum height shall be eight feet,
but the Zoning Officer may require additional height where it is necessary
to achieve adequate visual screening of the use.
(3)
Screening of off-street parking and loading areas shall be in accordance with § 550-408 of this chapter.
(4)
The property or business owner shall be responsible for the
continuing maintenance of any planted screen, fence, or wall.
(5)
Water towers, storage tanks, processing equipment, fans, cooling
towers, vents, and any other structures or equipment that rise above
the roofline, other than a radio, television, or cellular antenna,
shall be effectively shielded from view of any public or private street
by an architecturally sound method.
D.
Permit and maintenance requirements.
(1)
A zoning permit must be obtained from the Borough for the erection
of any fence, wall, or screen.
(2)
If a fence, wall, or screen is not maintained in a safe condition
and in accordance with Borough regulations, the Zoning Officer shall
give written notice to the owner to repair or remove the fence within
20 days of receipt of the notice. In the event the owner fails to
comply with the order, the owner shall be considered in violation
of this chapter and subject to the penalties contained herein.
(3)
If a fence, wall, or screen is destroyed or deteriorates beyond
50% of its total linear displacement, then it must be replaced or
removed within 45 days of receipt of written notice from the Zoning
Officer. Temporary fencing is required until full fence replacement.
A.
Application. No sign shall be erected, altered, painted, relocated,
remodeled, expanded, or maintained that is not in accordance with
the provisions of this chapter and all other applicable Borough Codes.
B.
Permitted signs and size limitations.
(1)
Residential districts (R-1, R-2).
(a)
Nameplates or identification signs indicating the occupants
of the residence or a permitted home occupation, not exceeding one
square foot and attached to a wall of the residence.
(b)
Principal identification signs for authorized conditional uses,
planned residential developments, multifamily developments, not exceeding
12 square feet. Such signs may be either attached to a building or
freestanding, provided their placement conforms to this chapter.
(c)
Real estate signs, not exceeding six square feet, advertising
the premises for sale or lease and to be removed within 20 days of
the sale or lease of the premises. One real estate sign per road frontage,
up to a maximum of two such signs on any one lot at a time.
(d)
Signs advertising the sale or lease of a planned residential
development, multifamily development or lot subdivision development
shall not exceed 12 feet and shall be removed within 15 days of the
last sale or lease of property. One real estate sign per road frontage
up to a maximum of two such signs on any one lot at a time.
(e)
Construction signs advertising the development or improvement
of a property by a builder, contractor, or similar person, provided
that not more than one such sign shall be permitted for a development
property. The sign shall not exceed 12 square feet, and it shall be
removed within 10 days of the completion of work. One real estate
sign per road frontage, up to a maximum of two such signs on any one
lot at a time.
(2)
Mixed-use districts (R/C-1).
(a)
Signs for any permitted or conditional residential use shall
be the same as for R-1 Districts.
(b)
Identification or business signs for commercial, office or industrial
uses, permitted as conditional uses, indicating the services or products
sold on the premises, but not exceeding 16 square feet.
(c)
Nameplates or identification signs for other authorized conditional
uses, not exceeding 12 square feet.
(d)
Construction signs as permitted in R-1 Districts.
C.
Placement of signs.
(1)
No sign shall be erected except on the property to which it is related, except in accordance with § 550-407H.
(2)
No sign shall be erected upon or applied to any roof.
(3)
Identification or business establishment signs in R/C-1 and
C-1 Districts shall be attached to a front or side wall of a building,
parallel to the facade of the building. Signs shall be erected so
that no portion of the sign is less than nine feet above entrance
grade. In I-1 Districts, business identification signs may be freestanding
or attached to a main building.
(4)
No sign shall project beyond any property line. Permitted freestanding
signs in residential districts shall be set back a minimum of five
feet from the property line. Freestanding signs permitted in other
zoning districts shall be set back a minimum of 10 feet from the street
right-of-way.
(5)
A freestanding sign shall not obstruct in a required clear sight
triangle.
D.
Height of signs.
(1)
No authorized freestanding sign in an R-1, R/C-1 District, shall
exceed eight feet in height, as measured from ground level at the
base of, or below, the sign to the highest element of the sign.
(2)
In I-1 Districts, freestanding signs shall not exceed 20 feet
in height, as measured from ground level at the base of, or below,
the sign to the highest element of the sign.
E.
Area of signs.
(1)
The area of a sign shall be construed to include all lettering,
wording, and accompanying designs and symbols together with the background
whether open or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself, except for canopy signs which shall only include the lettering,
wording, or accompanying design or symbol.
(2)
The area of a sign painted upon or applied to a building shall
be considered to include all lettering, wording, and accompanying
designs or symbols together with any backing associated with the sign.
(3)
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall or window, the area shall
be considered to be that of the smallest rectangle or other regular
geometric shape that can enclose such letters or symbols.
(4)
In computing square foot area of a double-face sign, only one
side shall be considered, provided both faces are identical. If the
interior angle formed by the two faces of the double-faced sign is
greater than 45°, then both sides of such sign shall be considered
in calculating the sign area.
F.
Additional requirements.
(1)
Signs that are animated or have flashing illumination are prohibited
in all districts.
(2)
Illuminated signs shall be designed and placed so as not to
interfere with, distract, confuse, or blind operators of motor vehicles,
however illuminated signs shall be pointed so not as to affect neighbors.
(3)
Floodlighting shall be placed so that it is not visible from
any point off the lot and only the sign is directly illuminated, however
floodlighting shall be pointed so not as to affect neighbors.
(4)
Every authorized sign must be constructed of durable materials
and maintained in good condition and repair. If any sign becomes dilapidated
to that point that it constitutes an unsightly or hazardous condition,
then the Zoning Officer shall order it repaired within 10 days or
removed.
(5)
If a use ceases for a period of 30 days, all signs for that
use must be removed.
(6)
Zoning permits for the erection, alteration, relocation, or
replacement of any sign must be obtained according to provisions of
this chapter.
(7)
No sign shall be attached to any tree or utility pole on public
or private property.
(8)
Billboards, outdoor advertising signs or electronic mechanical
signs, which are not related to the use of the property on which they
are located, shall only be permitted in I-1 Districts. Only one such
sign shall be permitted per property or lot, and it shall comply with
applicable standards for yards and sign height for I-1 Districts.
No billboard shall be placed so as to face a lot on the same street
with a church, public school or building, park, playground or scenic
area.
(9)
No more than three permanent signs shall be permitted for any
single commercial or industrial establishment, provided that the total
square footage of all signs does not exceed the maximum sign area
for the zoning district in which it is located. Where a business established
fronts on more than one street, one sign may be located on each street
frontage, and the total permitted sign area may be increased to 48
square feet; the total of three signs may not be exceeded.
G.
Temporary signs. Temporary outdoor signs advertising special business
promotional activities, business openings or closings, temporary activities
such as a church carnival or a street fair or festival, are permitted,
provided:
(1)
The temporary sign received a permit from the Zoning Officer;
the period of the permit shall not exceed 30 days and may only be
replaced twice a year.
(2)
The sign is only located on the premises where the special activity
is taking place, and only one such sign shall be permitted for the
premises.
(3)
The sign does not exceed six square feet.
(4)
The sign is not animated or flashing, and any illumination for
the sign does nor create an unsafe condition for motorists or glare
on surrounding properties.
(5)
Temporary signs identified as banners must be hung a minimum
of 20 feet above the street, with supports and fastenings to be approved
by the Building Inspector. Temporary cloth signs, banners, streamers,
etc., requested to be hung over streets shall be for civic or community
affairs of a public or semipublic nature and not for private gain.
They shall be removed as soon as torn or damages, and not later than
30 days after erection. Also, an indemnification is required, saving
the Borough harmless from any and all judgments, costs or expenses
which the Borough may incur or suffer by permitting the erection of
the temporary sign.
(6)
Political signs may be erected or maintained for a period not
to exceed 30 days prior to the date the election to which such signs
are applicable is scheduled to occur. The same shall be removed within
five days following the election. Temporary political signs shall
not project higher than 15 feet, as measured from the base of the
sign or grade of the nearest adjacent roadway, whichever is higher.
The following provisions shall also apply:
(a)
Public right-of-way. There shall be no limit on the permitted
number of temporary signs displayed.
(b)
In the public right-of-way, no such sign may be located across,
over or extending onto the paved portion of any public roadway. Temporary
political signs located in a public right-of-way shall be erected
or installed in such a manner so as not to interfere with or obstruct
access, activity, or vision along any public right-of-way. Further,
such signs shall not be attached to or placed on traffic signals,
utility poles, trees, or other similar vegetation.
H.
Exemptions. The following signs shall be exempt from the requirements
of this section:
(1)
Flags or emblems of a government, political, civic, philanthropic,
educational, or religious organization displayed on private property.
(2)
Signs placed by a governmental body, including, but not limited
to, promotional activities, traffic or directional devices, legal
notices, and warning, instructional or regulatory signs.
(3)
Address numerals and other signs required to be maintained by
law or governmental regulation, provided that the content and size
of the sign does not exceed the requirements of such law or regulation.
(4)
Small signs, not exceeding five square feet in area, displayed
on private property for the convenience of the public, including signs
to identify entrance and exit drives, parking areas, one-way drives,
restrooms, freight entrances, and the like.
(5)
Incidental signs displayed inside a window of a commercial establishment
to advertise special sales of products sold, credit cards accepted,
or those required by law or ordinance.
(6)
Official notices posted by public officers or employees in the
performance of the officer's or employee's duties.
(7)
Directional signs for hospitals, medical clinics, ambulances,
essential services, libraries and churches, up to four square feet,
with no more than three erected at different locations, at any one
time, throughout the Borough, each to be under 10 feet in height.
Same may not be located within the public right-of-way.
I.
Permit and maintenance requirements. A zoning permit must be obtained
from the Borough Zoning Officer for any new, expanded or altered sign.
The owner is responsible for maintaining the sign in a safe and functional
condition in accordance with all applicable Borough ordinances. If
the sign is not maintained, the Zoning Officer shall give written
notice to the owner to repair, replace or remove the sign with 20
days of the receipt of the notice. In the event the owner fails to
comply with the order, the owner shall be considered in violation
of this chapter and subject to a $25 per day fine until repaired or
removed.
A.
Application. In any zoning district, all structures built, and all
uses established hereafter shall provide off-street parking areas
in accordance with this chapter. When an existing structure or use
is expanded, parking spaces for the area or capacity of such expansion
shall be required in accordance with this chapter.
B.
General provisions.
(1)
Utilization. Required off-street parking facilities shall be
solely for the parking of motor vehicles in operating condition of
patrons, occupants, or employees of such use.
(2)
Access. Each required off-street parking space shall open directly
upon an aisle or driveway of such width and design as to provide safe
and efficient means of vehicular access to such parking space. This
provision does not apply to dwelling units where parking in a driveway
is counted as part of the required off-street parking.
(3)
Open parking. Open-air parking areas shall be located in accordance
with this Zoning Ordinance.
(4)
Enclosed parking. Enclosed buildings containing off-street parking
shall be subject to the area and bulk requirements of the district
in which they are located, unless otherwise stipulated by this chapter.
(5)
Design and maintenance.
(a)
Size. The minimum dimensions for a conventional parking space
will be nine feet in width by 18 feet in length, exclusive of curbs
and maneuvering space. For a handicapped parking space, the size shall
be 12.5 feet in width by 20 feet in length.
(b)
Design.
[1]
The minimum dimension of interior drives and parking aisles
shall be:
|
Parking Angle
|
Minimum Aisle Width
(feet)
|
|---|---|
|
90°
|
20
|
|
60°
|
18 (one-way)
|
|
45°
|
13 (one-way)
|
|
30°
|
11 (one-way)
|
[2]
Driveways and aisles shall be designed so that each vehicle
may have ingress and egress from the space without moving any other
vehicle. All accessways shall be designed so as to provide safe exit
and entrance from the public street, in accordance with applicable
Borough standards or PennDot specifications.
(c)
Surfacing. All parking areas, except required parking spaces
for a single-family dwelling, shall be graded and paved or otherwise
improved with an all-weather, dustless material, and shall require
a minimum of 8% green space area.
(6)
Screening. All open off-street parking areas containing more
than eight parking spaces shall be effectively screened on each side
by a wall, fence or densely planted compact evergreen hedge not less
than four feet in height. Parking areas shall be arranged and designed
so as to prevent damage to, or intrusion into, such wall, fence or
hedge. Clear sight triangles, as defined by this chapter, shall be
maintained.
(7)
Lighting. Any lighting used to illuminate off-street parking
areas and driveways shall be directed away from residential properties
or public streets in such a way as not to interfere with such uses.
The lighting system shall furnish minimally an average of two footcandles
during hours operation with lighting standards being located not more
than 80 feet apart.
(8)
Repair and service. No motor vehicle repair work or service
of any kind shall be permitted in association with any off-street
parking facilities.
(9)
Multiple parking occupancy. When a number of different uses
are proposed within a structure, facility or complex, and when it
can be demonstrated that one or more of such uses require parking
spaces at times other than normal business or operating hours for
other uses, the applicant may present to the Zoning Officer a written
report stating that a maximum combination of all such uses will not
require that total accumulative parking spaces required by this chapter.
If the Zoning Officer, after review, determines that a reduced overall
parking requirement can satisfy the off-street parking needs of the
combined facilities, the applicant shall be permitted to reduce the
parking spaces provided in accordance with the plan approved by the
Zoning Officer.
(10)
Location. All parking spaces required to serve structures or
uses shall be located on the same zoning lot as the structure or use
served or within 600 feet of a main entrance to the structure of use
served.
C.
Required spaces by type of use.
|
Use Type
| |
|---|---|
|
Residential Uses
| |
|
R-1 Districts
| |
|
Single-family, Two-family
|
2 spaces per dwelling unit
|
|
Multifamily in planned residential developments
|
1 1/2 spaces per dwelling unit
|
|
R-2 R/C-1
| |
|
Single-family, two-family, multifamily
|
2 spaces per dwelling unit
|
|
C-1 District
| |
|
Single-family, two-family, multifamily
|
1 space per dwelling unit
|
|
Commercial Uses
| |
|
Automotive repair
|
1 per 150 square feet of GFA
|
|
Bank, savings-and-loan association
|
1 per 200 square feet of gross floor area (GFA)
|
|
Bank, drive-in
|
2 for each interior teller window
|
|
Business and professional offices other than medical or dental
offices
|
1 per 500 square feet of GFA
|
|
Day-care center, preprimary school
|
1 per staff member, plus 1 space per 6 children
|
|
Doctor and dentist offices, including clinics
|
1 per 300 square feet of GFA in addition to 1 per every 2 staff/professional
members
|
|
Eating and drinking establishments (sit-down type) with or without
drive through
|
1 per 4 seats (1 per 2 employees)
|
|
Eating and drinking establishments (drive-in type)
|
1 per employee
|
|
Gasoline service station
|
2 spaces per service bay, plus 1 per employee. If the property
includes a convenience retail then 2 additional parking spaces required.
|
|
Laundromats
|
1 per 3 washing machines or dryers
|
|
Medical and dental laboratory
|
1 per 200 square feet GFA
|
|
Funeral home
|
1 per 3 seats in any chapel or seating area and not less than
5 spaces for each viewing area or room
|
|
Motel or hotel
|
1 per guest room, plus parking requirements for any restaurant,
bar or other facilities as required by this chapter
|
|
Personal service and repair establishments
|
1 per 100 square feet of GFA, plus 1 for each 2 employees
|
|
Retail business
|
1 per 200 square feet of GFA unless specifically listed
|
|
Theater
|
1 per 4 seats
|
|
Veterinary office or clinic or hospital
|
1 per 150 square feet of GFA, plus 1 per staff member
|
|
Commercial Recreation
| |
|
Bowling alleys
|
2 per lane
|
|
Swimming pools and clubs
|
1 space per 40 square feet of water area
|
|
Tennis, racquetball courts, etc.
|
2 spaces per court
|
|
Other commercial recreational facilities not specifically mentioned
|
Based on review of Borough Council
|
|
Public, semipublic uses
| |
|
Elementary, junior or senior high school
|
Based on review by Zoning Hearing Board
|
|
Colleges, universities and other special institutions
|
Based on review by Zoning Hearing Board
|
|
Private school for art, music, crafts, dance, etc.
|
1 per staff member, plus 1 per 3 students
|
|
Hospitals
|
1 1/2 per bed, plus 1 for each staff physician and 1 for
each 2 other employees
|
|
Nursing or convalescent homes
|
1 per 3 beds
|
|
Recreation facility, public or private
|
1 per 4 persons of design capacity for the facility
|
|
Private clubs and lodges
|
1 per 4 persons of design capacity for the facility
|
|
Churches
|
1 per 3 fixed seats, plus 1 per employee
|
|
Public utilities
|
1 per 2 employees on 2 largest shifts combined
|
|
Industrial Uses
| |
|
Manufacturing, warehouse and wholesale
|
1 per 2 employees on the 2 largest shifts combined
|
For all other uses not specifically covered above, parking
shall be provided as determined by Borough Council based on the number
of employees, normal visitors or patrons and site location.
A.
Applicability. In any zoning district, all structures and uses which
require the receipt or distribution of materials or products by trucks
or similar vehicles, shall provide accessory off-street loading spaces,
as required by this chapter. When an existing structure is expanded,
accessory off-street loading spaces shall be provided for the area
of such expansion in accordance with the following regulations.
B.
General provisions.
(1)
Location.
(a)
All required loading spaces or berths shall be located on the
same lot as the use served, and no portion of the vehicle shall project
into any traffic lane. All motor vehicle loading berths which abut
or are adjacent to a residence district or use shall be completely
screened therefrom by building walls, or a uniformly painted solid
fence, wall, door, planted screen, or any combination thereof, not
less than six feet nor more than eight feet in height.
(b)
No permitted or required loading space or berth shall be located
within 40 feet of the nearest point of intersection of any two public
streets or highways. No loading space or berth shall be located in
a required front yard, and any loading space or berth located in a
required rear yard shall be open to the sky.
(2)
Area. Unless otherwise specified, a required off-street loading
space shall be 10 feet in width by at least 30 feet in length, exclusive
of aisle and maneuvering space, and shall have a vertical clearance
of at least 16 feet. The required length may be reduced by 10 feet,
if the applicant certifies that the off-street loading use will only
be single-unit trucks or smaller.
(3)
Access. Each required off-street loading space shall be designated
with appropriate means of vehicular access to a street, highway or
alley in a manner which will least interfere with traffic movement.
(4)
Surfacing. All open off-street loading shall be improved with
a compacted select gravel base, not less than seven inches thick,
surfaced with an all-weather dustless material.
(5)
Repair and service. No motor vehicle repair work or service
of any kind shall be permitted in Conjunction with any off-street
loading facilities.
(6)
Utilization. Space allocated for any off-street loading berth
shall not be used to satisfy the space requirements for any off-street
parking facilities or portions thereof.
C.
Required off-street loading spaces.
|
Use
|
Required Berth
(based on gross floor area)
|
|---|---|
|
Manufacturing
|
1 berth for every 10,000 square feet
|
|
Wholesale, other uses
|
1 berth for every 8,000 square feet
|
|
Business and professional office
|
1 berth for every 10,000 square feet, not exceeding a total
of 2 required stalls
|
|
Food stores and other retail stores
|
1 berth for every 5,000 square feet up to a maximum of 2 stalls
and then 1 berth for every 20,000 square feet or fraction thereof
|
Uses for which off-street loading facilities are required
by this section, but which are located in buildings that have a floor
area that is less than the minimum for which off-street loading facilities
are required, shall provide adequate receiving facilities, accessible
by motor vehicle, from any adjacent alley, service drive, or open
space on the same lot, in accordance with the applicable provisions
of this section.
A.
Authorization. Home occupations, which comply with the definition
and standards of this chapter, shall be permitted as an incidental
use to any principal dwelling unit.
B.
Use limitations. The following regulations shall apply to all home
occupations permitted under the provisions of this chapter:
(1)
No more than one person, other than members of the family occupying
the dwelling, shall be employed.
(2)
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 25% of the floor area of the dwelling
unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation other than one sign, not exceeding one square foot in area,
nonilluminated, and mounted flush with the wall of the principal building.
(4)
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
(5)
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the lot, if the occupation
is conducted in a single-family residence, or outside the dwelling
unit if conducted in other than a single-family residence. In the
case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or
television receivers off the premises or causes fluctuations in line
voltage off the premises.
(6)
There shall be no outdoor storage of equipment, materials, or
finished products related to the home occupation.
C.
Particular home occupations prohibited. The following uses do not
constitute home occupations, therefore are not permitted as a home
occupation.
(1)
Nursery schools, dancing schools, exercise, or health centers,
day-care centers, (except for a no-impact home-based business as specified
in the definition of "day-care center"), unless specifically permitted
by the district regulations.
(2)
Funeral homes.
(3)
Eating and drinking establishments.
(4)
Animal kennels or hospitals.
(5)
Tourist homes, rooming houses, unless specifically permitted
by the district regulations.
(6)
Medical or dental clinic or hospitals.
(7)
Automobile, truck, bus, or boat repairs or rental facilities.
(8)
Video game and amusement arcades.
(9)
Theaters and other entertainment and commercial recreation facilities.
(10)
Home tanning booths, massage parlors, and/or sauna, steam or
other therapy facilities and exercise facilities.
B.
Use limitations.
(1)
No gasoline service station shall be located within 1,000 feet
of a similar facility, which shall be measured from the property lines
at the closest points.
(2)
Fuel pumps, air towers, and water outlets may be located outside
an enclosed building, provided that no portion of these facilities
shall be closer than 15 feet of any property line.
(3)
Inspections, lubrication, oil changes, tire changes and similar
minor repairs are permitted if conducted entirely within a building.
(4)
All automobile parts and supplies shall be stored within a building,
except that automotive supplies may be displayed for sale at the fuel
pump and at a distance no greater than five feet from the pumps.
(5)
All refuse shall be stored within a building or enclosed area.
(6)
No more than two vehicles, awaiting repairs, shall be stored
outdoors during nonbusiness hours. Junk vehicles shall not be stored
in the open at any time.
(7)
Automobile, van (less than 20 feet) or utility trailer rental
is an authorized accessory use, provided that no more than three vehicles
are visible on the premises at any time.
B.
Use limitations.
(1)
All repair services shall be conducted within an enclosed building
which complies with state and Borough regulations for such uses.
(2)
All automotive parts and supplies shall be stored within an
enclosed building.
(3)
All refuse must be stored within a building or enclosed area.
(4)
No more than two vehicles shall be stored outdoors during nonbusiness
hours; junk vehicles shall not be stored in the open at any time.
[Added 12-14-2022 by Ord.
No. 629]
A.
Short title. This section shall be known as the "Borough of Blawnox
Wireless Communications Facilities Ordinance."
B.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in the Borough of Blawnox. While the municipality
recognizes the importance of wireless communications facilities in
providing high-quality communications service to its residents and
businesses, the municipality also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
(2)
By enacting this section, the municipality intends to:
(a)
Regulate the placement, construction and modification of wireless
communication facilities to protect the safety and welfare of the
public;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of the public and wireless telecommunications
operators in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower-based, and small
wireless communications facilities in the municipality, 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, and other
wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities
on existing wireless support structures rather than the construction
of new wireless support structures;
(f)
Protect the public from potential adverse impacts of wireless
communications facilities and preserve, to the extent permitted under
law, the visual character of established communities and the natural
beauty of the landscape;
(g)
Ensure that wireless communications facilities will be removed
in the event that such wireless communications facilities are abandoned
or become obsolete and are no longer necessary; and
(h)
Update the municipality's wireless communications facilities
ordinance to incorporate changes in federal and state laws and regulations.
C.
Definitions.
(2)
Any numbers, abbreviations, terms and words used herein shall
have the meanings of common usage as set forth in the latest edition
of Webster's New Collegiate Dictionary. Terms of law shall have
the meanings as set forth in the latest edition of Black's Law
Dictionary.
(3)
Unless the context clearly indicates to the contrary, words
used in the present tense include the future tense; words used in
the singular number include the plural; words used in the plural number
include the singular; the word "herein" means "in this chapter"; and
the words "this chapter" shall mean "this chapter and the tables,
maps, fees schedules included herein as enacted or subsequently amended."
(4)
The word "person" as used in this chapter shall be defined to
include, but not be limited to, an individual, a partnership, a joint
venture, a corporation, an unincorporated association, a firm or any
other form of entity, contractors, subcontractors or journeymen; "used"
or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied."
(5)
The "Borough" is Borough of Blawnox in Allegheny County, Commonwealth
of Pennsylvania, including the "Council" and "Zoning Hearing Board"
of the Borough.
(6)
"Chapter" as a term of reference in this chapter refers to this
chapter.
(7)
"Shall" is always mandatory, except "shall" is directory when
applied to public officials.
D.
Laws applicable to all tower-based wireless communications facilities.
(1)
The following laws shall apply to all tower-based wireless communications
facilities:
(a)
Procedures.
[1]
Any applicant proposing construction of a new tower-based WCF
shall submit detailed plans to the Borough of Blawnox Zoning Officer
for review and determination by the Borough Council, as a conditional
use, and subject to the restrictions and conditions prescribed herein,
as well as the prior written approval of the municipality.
[2]
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(b)
Development requirements. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
[1]
Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Borough Council may grant conditional use in accordance with the procedures and requirements of the Code of the Borough of Blawnox, Chapter 550, Article VI, Conditional Uses, § 550-601 et seq.
[a]
Siting. Tower-based WCFs are prohibited in all
zoning districts and shall only be permitted in the following district
by conditional use, subject to the requirements and prohibitions of
this section:
[i]
General Industrial (I-1).
[b]
Coverage or capacity. An applicant for a tower-based
WCF must demonstrate that a gap in wireless coverage or capacity exists
and that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the municipality's decision on an application
for approval of tower-based WCFs.
[c]
Collocation. An applicant for a tower-based WCF
must demonstrate there is not suitable space on existing wireless
service facilities or other wireless service facility sites or on
another sufficiently tall structure where the intended wireless service
facility can be accommodated and function as required by its construction
permit or license without unreasonable modification.
[d]
Site plan. An applicant for a tower-based WCF must
submit a full site plan to the Borough of Blawnox Zoning Officer which
shall include, but shall not be limited to, the following documentation
and materials:
[i]
Written authorization from the property owner of
the proposed tower-based WCF site that such facility may be sited
on the property; written authorization from the property owner consenting
to the making of the application to the Borough for conditional use;
written acknowledgment from the property owner of being bound by this
chapter, the conditions of any site plan approval authorized by the
Borough, [length of time property owner is bound to allowing the tower-based
WCF] and all other requirements of the Code of the Borough of Blawnox.
[ii]
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed support structures; scaled
elevation view; access road(s) location and surface material; parking
area; fences; power source(s); location and content of (any or warning)
signs; exterior lighting specifications; landscaping plan; land elevation
contours; existing land uses surrounding the site; proposed transmission
building and/or other accessory uses with details; elevations; and
proposed use(s).
[iii]
A written report that includes, but is not limited
to, the following documentation and materials: information describing
the tower height and design; a cross-section of the tower; engineering
specifications detailing construction of the tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including,
but not limited to, the number and type of antennas that it can accommodate;
radio frequency coverage, including, but not limited to, scatter plot
analysis and the input parameters for the scatter plot analysis. All
tower structure information shall be certified by a registered professional
engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and
all wireless telecommunications data shall be certified by an appropriate
wireless telecommunications professional.
[iv]
A written report, titled "Cost of Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and all related facilities.
[v]
All other uses ancillary to the tower-based WCF
and associated equipment (including, but not limited to, a business
office, maintenance depot, or vehicle storage) are prohibited from
the tower-based WCF site unless otherwise permitted in the zoning
district in which the tower-based WCF site is located.
[vi]
Where the tower-based WCF is located on a property
with another principal use, the applicant shall prove that the owner
of the property has granted an easement for the proposed facility
the length of time of such an easement, and that vehicular access
is provided to the facility.
[vii]
An inventory of its existing wireless communications
facilities, including, but not limited to, all tower-based, non-tower,
and small WCFs, that are either sited within the Borough of Blawnox
or within 1/4 mile of the border thereof. Such inventory shall include
specific information about the location, height, design, and use of
each wireless communications facility. The municipality may share
such information with other applicants applying for site plan approvals
or conditional use permits under this chapter, or other organizations
seeking to locate wireless communication facilities within the municipality;
provided, however, that the municipality is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
[viii]
An evaluation of the need for additional buffer
yard treatments.
[ix]
Other information deemed to be necessary by the
municipality to assess compliance with this section, or any other
requirement under the Borough of Blawnox Code of Ordinances, state
law, or federal law or regulation.
[2]
Underground district. A tower-based WCF shall not be located
in, or within 300 feet of, an area in which utilities are required
to be located underground, including, but not limited to, planned
developments.
[3]
Prohibited in open space and conserved lands. Tower-based WCFs
shall not be located within an open space or conserved land. Tower-based
WCFs shall not be located within a Conservation District.
[4]
Prohibited in environmentally sensitive areas. No tower-based
WCF shall be located in, or within 500 feet of, the habitat of a threatened
or endangered animal species.
[5]
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
[6]
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 residential, industrial, commercial, institutional or
municipal use, subject to the following conditions:
[a]
Existing use. The existing use on the property
may be any permitted use in the applicable district, and need not
be affiliated with the wireless communications facility.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[7]
Minimum setbacks for towers. If a new tower is constructed (as
opposed to mounting the antenna on an existing tower or wireless support
structure), the minimum distance between the tower and any property
line or public right-of-way line shall be equal to the height of the
tower plus the distance of the corresponding minimum yard setback
(front, side and rear) for the zoning district in which the lot is
located and any other additional requirements for that zoning district.
Guy wires and accessory facilities must also satisfy the minimum zoning
district setback requirements.
[8]
Minimum setbacks and buffers for accessory structures. All tower-based
WCF installations shall comply with the accessory structure setback,
buffer, lot, and yard requirements in the Borough of Blawnox Zoning
Ordinance, and shall be mounted in the rear yard or on the roof unless
reception is inhibited or visibility increased.
[9]
Separation. A tower-based WCF with a height greater than 90
feet shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
(c)
Timing of determination. All applications for tower-based WCFs
shall be acted upon within 150 days following the receipt of both,
1) a fully completed application for the approval of such tower-based
WCF and 2) a fully paid, nonrefundable application fee in an amount
specified by the fee schedule for wireless communications facilities
(WCFs).[1] If the municipality receives an application for a tower-based
WCF and such application is not fully completed, then the municipality
shall notify the applicant, in writing, within 30 days that the application
is not complete and the time for the approval of such application
shall not commence until a fully completed application is received
by the municipality. Unpaid applications are incomplete and not duly
filed with the Borough.
[1]
Editor's Note: The fee schedule for wireless communications
facilities is on file in the Borough offices.
(d)
Notice. No later than 30 days following the submission of a
fully completed application for a tower-based WCF and the scheduling
of the public hearing (if required), the applicant shall mail notice
to all owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the municipality within 15 days
of completion of notification. If a public hearing is required, notice
of any hearing before the Borough Council shall be published in a
newspaper circulating within Borough of Blawnox at least 10 days prior
to the date of said hearing; any mailing of notices that may be required
by the Borough Council shall be completed at least 10 days before
such hearing and the proof of mailing shall be provided to the municipality
at least five days before such hearing. The preparation and cost of
publication and mailing of any notice required for such hearing shall
be at the cost and expense of the applicant. Proof of mailing to all
required property owners shall be demonstrated by providing the municipality
with a certificate or proof of mailing (United States Postal Service
Form 3817 or 3877).
(e)
Collocation.
[1]
An application for a new tower-based WCF shall not be approved
unless the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or wireless support structure.
[2]
Any applicant proposing construction of a new tower-based WCF
outside the public rights-of-way shall demonstrate to the satisfaction
of the municipality, by written submission, that a good faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing structure or wireless support structure. The Borough
may deny any application to construct a new tower if the applicant
has not made a good faith effort to collocate the antenna on an existing
tower, structure, or other wireless support structure. A good faith
effort shall require that all owners of potentially suitable towers,
structures, or wireless support structures within a 1/4 mile radius
of the proposed tower-based WCF site be contacted and that the applicant
certifies, in writing, to the Borough of Blawnox Zoning Officer that
one or more of the following reasons for not selecting such structure
apply:
[a]
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
[b]
The proposed WCF and related equipment would cause
radio frequency interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost;
[c]
Such existing structure does not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function; and/or
[d]
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(f)
Standard of care. Any tower-based 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, as well as the accepted and responsible
workmanlike industry practices of the Communications Infrastructure
Contractors Association (formerly, National Association of Tower Erectors).
Any tower-based 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 or safety
of any person or damage any property in the municipality.
(g)
Wind and ice. All tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standards
promulgated by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended). All tower-based WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
(h)
Height. Any tower-based WCF shall be designed and constructed
at the minimum functional height. All tower-based WCF applicants must
submit documentation to the municipality justifying the total height
of the structure. In no case shall a tower-based WCF exceed a maximum
height of 150 feet.
(i)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based 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 the upkeep of
the facility in order to promote the safety and security of the public.
[3]
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
[4]
The municipality reserves the authority to require the cleaning,
repainting, or repair of a tower-based WCF, including, but not limited
to, the tower, accessory equipment, and any other area where the exterior
surface or appearance of such facility is not regularly or properly
maintained, cleaned, repainted, or repaired.
[5]
Tower-based WCF operators bear sole financial responsibility
for all maintenance or emergency repair costs.
(k)
Radio frequency emissions. No tower-based WCF may, 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. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Manager on an annual basis, or within 30 days following a written
request by the Borough. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an Emergency. The municipality reserves the authority
to revoke the permit of any tower-based WCF that: 1) fails to timely
submit proof of compliance or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(l)
Historic buildings and districts. No tower-based WCF may be
located in or within 100 feet of any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark.
(m)
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. No other signage or display is permitted.
(n)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide to the Borough a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(o)
Emergency power supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on-site
and equipped with sufficient power reserves to supply continuous electric
power to operate the tower-based WCF and its antennas for a period
of 10 days. The secondary source of electric power shall not be used,
except in emergency situations involving the loss of the primary power
source. The WCF operator may activate the electric generator on weekdays,
between 9:00 a.m. and 5:00 p.m., excluding federal holidays, to test
the secondary power source or to perform routine maintenance on the
electric generator, provided that the WCF operator deliver written
notice to the Borough Manager at least five business days prior to
such electric generator testing or electric generator maintenance.
(p)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Code of the Borough of Blawnox, except as provided
with respect to the use of an electrical generator in this chapter,
where such noise standards may be exceeded on a temporary basis only.
(q)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(r)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
At a minimum, this inspection shall be conducted in accordance with
the tower inspection class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel Antenna
Towers and Antenna Support Structures. A copy of said inspection report
and certification of continued use shall be provided to the Borough's
Zoning Officer following the inspection. Any repairs advised by the
report shall be effected by the owner no later than 60 calendar days
after the report is filed with the municipality. No later than 30
calendar days upon completion of aforesaid repairs, the tower-based
WCF structure shall again be inspected in accordance with the parameters
and requirements described herein.
(s)
Retention of consultants and experts. The Borough may hire any
consultant(s) and/or expert(s) necessary to assist the Borough in
reviewing and evaluating the application for approval of the tower-based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the WCF shall reimburse the Borough for all costs
of the Borough's consultant(s) and/or expert(s) in providing
expert evaluation and consultation in connection with these activities.
(t)
Nonconforming uses. Nonconforming tower-based WCFs, which are
hereafter damaged or destroyed due to any reason or cause, may be
repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
(u)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough Manager, at least 90 days in advance of the discontinuance
date, of its intent to discontinue use and the date when the use shall
be discontinued.
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the municipality.
[2]
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF. Any cost to the municipality
for such removal which is not paid under the owner's bond shall
constitute a lien on the tax lot on which the tower-based WCF is situated
and shall be collected in the same manner as a municipal tax on real
property.
[3]
Any unused portions of tower-based WCFs, including, but not
limited to, antennas, shall be removed within six months of the time
of cessation of operations. The municipality must approve all replacements
of portions of a tower-based WCF previously removed.
(v)
Public rights-of-way. No tower-based wireless communications
facility shall be located, in whole or in part, within the public
rights-of-way.
(w)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
wireless support structure shall be required only to obtain a building
permit from the municipality.
[2]
In order to be considered for such permit, the tower-based WCF
applicant must submit a building permit application to the municipality
in accordance with the Borough of Blawnox Code of Ordinances.
(x)
Design regulations:
[1]
Any height extensions to an existing tower-based WCF shall require
prior approval of the municipality. The municipality reserves the
right to deny such requests based upon aesthetic and land use impact,
or any other lawful considerations related to the character of the
municipality.
[2]
The tower-based WCF shall employ the most current and effective
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the WCF applicant shall be subject
to the approval of the municipality.
[3]
Any proposed tower-based WCF shall be designed and constructed
in all respects, including, but not limited to, structurally and electronically,
to accommodate both the tower-based WCF applicant's antennas
and comparable antennas for future users.
[4]
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(y)
Surrounding environs:
[1]
The tower-based WCF operator shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
[2]
The tower-based WCF applicant shall include in its site plan
submission pursuant to this chapter a soil report to the municipality
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA/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.
(z)
Fence/screen:
[1]
A security fence having a height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
[2]
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
[3]
Existing mature tree growth, vegetation, and natural land forms
on and around the site shall be preserved to the maximum extent possible.
In some cases, such as tower-based WCFs sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
(aa)
Accessory equipment:
[1]
Ground-mounted equipment associated to, or connected
with, a tower-based WCF shall be underground or screened from public
view using stealth technologies, as described above.
[2]
All utility buildings and accessory structures
shall be architecturally designed and constructed to blend into the
environment in which they are situated and shall meet the minimum
setback requirements of the underlying zoning district.
(bb)
Additional antennas. As a condition of approval for all tower-based
WCFs, the applicant shall provide the municipality with a written
commitment that it will allow other service providers to collocate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the municipality.
(cc)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCFs. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the municipality that the property
owner has granted an easement for the proposed facility. The easement
shall be a minimum of 20 feet in width and the access shall be improved
to a width of at least 10 feet with a dust-free, all- weather surface
throughout its entire length.
(dd)
Bond. Prior to the issuance of a conditional use permit, a tower-based
WCF applicant shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond or other
form of security acceptable to the Borough Solicitor. The bond shall
provide that the municipality may recover from the principal and surety
any and all compensatory damages incurred by the municipality for
violations of this section, including, but not limited to, legal fees
and expenses in enforcing the law, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
tower-based WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance
of the terms and conditions of this section.
[2]
An amount determined by the Borough Council based
on engineering estimates, to cover the cost of removing and disposing
of the antenna, tower, and related facilities. The Borough Council
may consider, but shall not be required to rely upon, applicant's
written report, titled "Cost of Wireless Facilities Removal" certified
by a registered professional engineer (P.E.) licensed by the Commonwealth
of Pennsylvania.
[3]
From time to time, but no more frequently than
once during any five-year period, the Borough Council, at its sole
discretion, may adjust the amount of the bond and require the submission
of a new or modified bond based on engineering estimates of the cost
of the removal and disposal of the tower, antenna, and associated
facilities. The wireless communications facility operator may submit
a written report, titled "Adjusted Cost of Tower-Based Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania and containing engineering estimates
of the cost of the removal and disposal of the tower, antenna, and
associated facilities to the Borough Council. The Borough Council
may consider, but shall not be required to rely upon, operator's
written report in determining the adjusted bond amounts.
(ee)
Visual or land use impact. The municipality reserves the right
to deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(ff)
Graffiti. Any graffiti on the tower-based WCF, including, but
not limited to, the wireless support structure or on any accessory
equipment, shall be removed at the sole expense of the owner within
10 days of notification by the municipality.
(gg)
Inspection by municipality. The municipality reserves the right
to inspect any tower-based WCF to ensure compliance with the provisions
of this section and any other provisions of the Borough of Blawnox
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property upon
which a tower-based WCF is located at any time, upon reasonable notice
to the operator, to ensure such compliance.
E.
Laws applicable to all non-tower wireless facilities.
(1)
The following laws shall apply to all non-tower wireless communications
facilities:
(a)
Procedures.
[1]
Any applicant proposing a non-tower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings to the Borough of Blawnox Zoning Officer indicating how the
non-tower WCF will be mounted on the structure, for review and determination
by the Borough Council, as a conditional use, and subject to the restrictions
and conditions prescribed herein, as well as the prior written approval
of the municipality.
[2]
The applicant shall prove that it is licensed by the FCC to
operate a non-tower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(b)
Development requirements. Non-tower wireless communications
facilities shall be collocated on existing structures, such as existing
buildings or wireless support structures, subject to the following
conditions:
[1]
Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a conditional use upon review and approval by the Borough of Blawnox Council, in accordance with the procedures and requirements of Code of the Borough of Blawnox, Chapter 550, Article VI, Conditional Uses, § 550-601 et seq.
[a]
Siting. Non-tower WCFs are prohibited in all zoning
districts and permitted in the following zoning districts by conditional
use, subject to the requirements and prohibitions of this section:
[i]
Single-Family Residential (R-1);
[ii]
Single- and Two-Family Residential (R-2);
[iii]
General Residential (R-3);
[iv]
Mixed Residential Commercial (R/C-1);
[v]
Mixed Residential/Limited Manufacturing (R/C-2);
[vi]
Community Business (C-1);
[vii]
Community Business (C-1A); and
[viii]
General Industrial (I-1).
[b]
Height. Any non-tower WCF shall not exceed the
maximum height permitted in the applicable zoning district.
[c]
Equipment building. If the non-tower WCF applicant
proposes to locate the communications equipment in a separate building,
the building shall comply with the minimum requirements for the applicable
zoning district.
[d]
Fencing. A security fence having a height of six
feet shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
[e]
Residential attachment prohibited. Non-tower WCFs
shall not be located on single-family detached residences, single-family
attached residences, or any accessory residential structure.
(c)
Site plan. An applicant for a non-tower WCF must submit a full
site plan to the Borough of Blawnox Zoning Officer which shall include:
[1]
Written authorization from the wireless support structure owner
of the proposed non-tower WCF site that such facility may be sited
on the wireless support structure. Written authorization from the
wireless support structure owner consenting to the making of the application
to the municipality for conditional use. Written acknowledgment from
the wireless support structure owner of being bound by this chapter,
the conditions of any site plan approval authorized by the municipality,
and all other requirements of the Borough of Blawnox Zoning Ordinance
and all other Borough Ordinances.
[2]
A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennas; existing or proposed
electrical power source; and scaled elevation view.
[3]
A written report, including, but not limited to: information
describing the antenna height and design; a cross-section of the wireless
support structure; engineering specifications detailing attachment
of the antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage,
including, but not limited to, scatter plot analysis and the input
parameters for the scatter plot analysis; all wireless support structure
information to be certified by a registered professional engineer
(P.E.) licensed by the Commonwealth of Pennsylvania; and wireless
telecommunications data to be certified by an appropriate wireless
telecommunications professional.
[4]
A written report, titled "Cost of Non-Tower Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of antenna and related facilities.
[5]
An inventory of its existing wireless communications facilities,
including, but not limited to, all tower-based, non-tower, and small
WCF, that are either sited within Borough of Blawnox or within 1/4
mile of the border thereof. Such inventory shall include specific
information about the location, height, design, and use of each wireless
communications facility. The municipality may share such information
with other applicants applying for site plan approvals or conditional
use under this section or other organizations seeking to locate antennas
within the municipality; provided, however, that the municipality
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
[6]
Other information deemed to be necessary by the municipality
to assess compliance with this section, or any other requirement under
the Borough of Blawnox Zoning Ordinance, Borough of Blawnox Code of
Ordinances, state law, or federal law or regulation.
(d)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing non-tower
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a building permit from the municipality.
[2]
In order to be considered for such permit, the non-tower WCF
applicant must submit a building permit application to the municipality
in accordance with the Code of the Borough of Blawnox.
(e)
Visual or land use impact. The municipality reserves the right
to deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(f)
Historic buildings and districts. No non-tower WCF may be located
on, or within 100 feet of, any historic or preservation district,
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, or is included in the official historic structures
list maintained by the municipality, or so designated as a landmark.
(g)
Prohibited in open space and conserved lands. Non-tower WCFs
shall not be located within an open space or conserved land.
(h)
Timing of determination. All applications for non-tower WCFs
shall be acted upon by the municipality within 90 days following the
receipt of both, 1) a fully completed application for the approval
of such WCF and 2) a fully paid, nonrefundable application fee in
an amount specified by the fee schedule for wireless communications
facilities (WCFs).[2] If the municipality receives an application for a non-tower
WCF and such application is not fully completed, then the municipality
shall notify the applicant, in writing, within 30 days that the application
is not complete and the time for the approval of such application
shall not commence until a fully completed application is received
by the municipality. Unpaid applications are incomplete and not duly
filed with the Borough.
[2]
Editor's Note: The fee schedule for wireless communications
facilities is on file in the Borough offices.
(i)
Retention of consultants and experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the non-tower
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the non-tower WCF shall reimburse the municipality
for all reasonable costs of the municipality's consultant(s)
and/or expert(s) in providing expert evaluation and consultation in
connection with these activities.
(j)
Bond. Prior to the issuance of conditional use, the owner of
a non-tower WCF shall, at its own cost and expense, obtain from a
surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Borough Solicitor. The
bond shall provide that the municipality may recover from the principal
and surety any and all compensatory damages incurred by the municipality
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
non-tower WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
[2]
An amount determined by the Borough Council based on engineering
estimates, to cover the cost of removing and disposing of the antenna
and related facilities. The Borough Council may consider, but shall
not be required to rely upon, applicant's written report, titled
"Cost of Non-Tower Wireless Facilities Removal" certified by a registered
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
[3]
From time to time, but no more frequently than once during any
five-year period, the Borough Council, at its sole discretion, may
adjust the amount of the bond and require the submission of a new
or modified bond based on engineering estimates of the cost of the
removal and disposal of the antenna and associated facilities. The
wireless communications facility operator may submit a written report,
titled "Adjusted Cost of Non-Tower Wireless Facilities Removal" certified
by a registered professional engineer (P.E.) licensed by the Commonwealth
of Pennsylvania and containing engineering estimates of the cost of
the removal and disposal of the antenna and associated facilities
to the Borough Council. The Borough Council may consider, but shall
not be required to rely upon, operator's written report in determining
the adjusted bond amounts.
(k)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure or wireless support structure in
order to minimize aesthetic impact. The application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the municipality.
[2]
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
[3]
All non-tower WCF applicants must submit documentation to the
municipality justifying the total height of the non-tower support
structure or wireless support structure. Such documentation shall
be analyzed in the context of such justification on an individual
basis.
[4]
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(l)
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, and National Electrical Code. 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 or safety of any person or damage any property in
the municipality.
(m)
Wind and ice. All non-tower WCF structures shall be designed
and constructed to withstand the effects of wind and ice according
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended). All non-tower WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.
(n)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(o)
Radio frequency emissions. No non-tower WCF may, 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. The owner
or operator of such non-tower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Manager on an annual basis, or within 30 days following a written
request by the Borough. A non-tower WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any non-tower WCF that: 1) fails to timely
submit proof of compliance, or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(p)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(q)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the non-tower
WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of non-tower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Borough's Zoning Officer following the
inspection. Any repairs advised by the report shall be effected by
the owner no later than 60 calendar days after the report is filed
with the municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the non-tower WCF shall again be inspected in
accordance with the parameters and requirements described herein.
(r)
Maintenance. 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 the upkeep of
the facility in order to promote the safety and security of the municipality's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
[4]
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a non-tower WCF, including, but not limited
to, the antennas, accessory equipment, and any other area where the
exterior surface or appearance of such facility is not regularly or
properly maintained, cleaned, repainted, or repaired.
[5]
Non-tower WCF operators bear sole financial responsibility for
all maintenance or emergency repair costs.
(s)
Upgrade, replacement, modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the non-tower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
non-tower WCF or the number of antennas.
[2]
Any material modification to a non-tower WCF shall require a
prior amendment to the original permit or authorization.
(t)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the municipality 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 non-tower WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the municipality.
[2]
If the non-tower WCF or accessory facility is not removed within
three months of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF and/or related
facilities and equipment may be removed by the municipality and the
cost of removal assessed against the owner of the WCF. Any cost to
the municipality for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the non-tower
WCF is situated and shall be collected in the same manner as a Municipal
tax on real property.
(u)
Graffiti. Any graffiti on the non-tower WCF, including, but
not limited to, the antennas, the wireless support structure, or on
any communications equipment or accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the municipality.
(v)
Public rights-of-way. No non-tower WCF shall be located, in
whole or in part, within the public rights-of-way.
(w)
Signs. All non-tower 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. No other signage or display is permitted.
(x)
Lighting. Non-tower WCFs shall not be artificially lighted,
except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(y)
Emergency power supplies. Where practicable, non-tower WCFs
shall be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on-site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the non-tower
WCF and its antennas for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Borough Manager
at least five business days prior to such electric generator testing
or electric generator maintenance.
(z)
Noise. Non-tower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the Code of the Borough of Blawnox, except in emergency
situations requiring the use of an electrical generator, where such
noise standards may be exceeded on a temporary basis only.
(aa)
Inspection by municipality. The municipality reserves the right
to inspect any non-tower WCF to ensure compliance with the provisions
of this section and any other provisions found within the Code of
the Borough of Blawnox or state or federal law or regulation. The
municipality and/or its agents shall have the authority to enter the
property upon which a non-tower WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
F.
Laws applicable to all small wireless communications facilities.
(1)
The following laws shall apply to small wireless communications
facilities:
(a)
Development requirements.
[1]
Small WCF are prohibited, except by approval from the Borough's
Zoning Officer, subject to the requirements of this section and generally
applicable permitting as required by the Code of the Borough of Blawnox
and all applicable Borough ordinances, resolutions, rules, or regulations.
[2]
Small WCF located within areas that require utilities to be
located underground shall be collocated on existing or replacement
wireless support structures. No new wireless support structure may
be installed for the purpose of supporting a small WCF within planned
developments, zoning districts, or subportions thereof, that require
utilities to be located underground.
[3]
Small WCF in the public ROW requiring the installation of a
new wireless support structure shall not be located directly in front
of any building entrance or exit.
[5]
Small WCFs shall not be located or attached on single-family
detached residences, single-family attached residences, or any accessory
residential structure.
[6]
Small WCFs shall not be located in any municipal park, or in
any land owned by the Borough or authorized by the Borough to be designated
as a Municipal Park or open space, whether or not developed.
(b)
Procedures.
[1]
Any applicant proposing a small WCF shall submit an application
to the Borough's Zoning Officer for site plan review and administrative
determination.
[2]
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
[3]
Timing of determination. All applications for small WCFs shall
be acted upon by the municipality within a specific number of days
following the receipt of both, 1) a fully completed application for
the approval of such small WCF and 2) a fully paid, nonrefundable
application fee in an amount specified by the fee schedule for wireless
communications facilities (WCFs).[4] Unpaid applications are incomplete and not duly filed
with the Borough. The timing of determination for small WCF applicants
shall be as follows:
[a]
Within 10 calendar days of the date that an application
for a small WCF is filed with the Borough's Zoning Officer, the
municipality shall notify the WCF applicant in writing if an application
is incomplete and shall advise the WCF applicant of any information
that may be required to complete such application.
[b]
Within 60 days of receipt of a completed application
for collocation of a small WCF on a preexisting wireless support structure,
the Borough's Zoning Officer shall make a final decision on whether
to approve or deny the application and shall notify the WCF applicant,
in writing, of such decision.
[c]
Within 90 days of receipt of a completed application
for a small WCF requiring the installation of a new wireless support
structure, the Borough's Zoning Officer shall make a final decision
on whether to approve the application and shall notify the WCF applicant,
in writing, of such decision.
[4]
Editor's Note: The fee schedule for wireless communications
facilities is on file in the Borough offices.
[4]
Basis of denial of application. The Borough retains the authority
to deny an application to construct, place, modify, or operate a small
WCF in the public rights-of-way if any of the following apply:
[a]
The small WCF materially interferes with the safe
operation of traffic control equipment, sight lines or clear zones
for transportation or pedestrians or compliance with the Americans
with Disabilities Act of 1990[5] (Public Law 101-336, 104 Stat. 327) or similar federal
or state standards regarding pedestrian access or movement.
[5]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[b]
The small WCF fails to comply with the Code of
the Borough of Blawnox, or any other applicable ordinance or code.
[d]
The small WCF fails to comply with the requirements
specified under federal law and FCC regulation.
[e]
The applicant fails to submit a written report
by a Pennsylvania-licensed and registered professional engineer (P.E.),
who is regularly involved in the maintenance, inspection, and/or modification
of small WCFs, demonstrating that the small WCF in the public rights-of-way
will comply with all applicable FCC regulations.
[5]
Documentation of denial in writing. Within the applicable shot
clock time frames established by this section, the municipality shall
document the basis for an application denial, in writing, including,
but not limited to, the specific provisions of applicable codes on
which the denial was based, and shall send the documentation to the
applicant within five business days following the denial of an application
to construct, place, modify or operate a small WCF in the public rights-of-way.
[6]
Opportunity to cure. Following the determination to deny an
application to construct, place, modify or operate a small WCF in
the public rights-of-way, the applicant may cure the deficiencies
identified by the Borough and resubmit the application to construct,
place, modify or operate a small WCF in the public rights-of-way within
30 days following receipt of the Borough's written basis for
the denial. Upon eligible resubmission, the applicant shall not pay
any additional application fees.
[7]
Municipal review upon eligible resubmission. The Borough shall
approve or deny the revised application to construct, place, modify
or operate a small WCF in the public rights-of-way within 30 days
following the application being resubmitted for review and determination.
Any subsequent review by the Borough shall be limited to the deficiencies
cited in the Borough's written denial. If the resubmitted application
addresses or changes other sections of the application that were not
previously denied, the Borough shall automatically be granted an additional
15 days on the shot clock time frame to review the resubmitted application
and may charge an additional fee for the review. No applicant shall
make more than one resubmission per initial denial of an application
to construct, place, modify or operate a small WCF in the public rights-of-way.
[8]
Eligible facilities request.
[a]
Small WCF operators proposing a modification to
an existing small WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure shall be
required only to obtain a building permit from the municipality.
[b]
In order to be considered for such permit, the
small WCF operator must submit a building permit application to the
municipality in accordance with the Code of the Borough of Blawnox.
[c]
The timing of determination for small WCF operators
proposing a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
[i]
Within 30 calendar days of the date that an application
for a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Borough's Zoning Officer, the municipality
shall notify the applicant, in writing, if the application is incomplete
and shall advise of any information that may be required to complete
such application.
[ii]
An application for a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be deemed
complete when all documents, information and fees required by the
municipality's regulations, laws and forms pertaining to the
location, modification or operation of wireless communications facilities
are submitted by the applicant to the municipality. In case of incompleteness
of the application, the municipality shall promptly notify the applicant
that the application is not complete and the time for the approval
of such application shall not commence until a fully completed application
is received by the municipality.
[iii]
Within 60 days of receipt of a completed application
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure, the Borough's Zoning Officer shall make a final decision
on whether to approve or deny the application and shall notify the
WCF applicant, in writing, of such decision.
[9]
Nonconforming wireless support structures. Small WCF shall be
permitted to collocate upon nonconforming tower-based WCFs and other
nonconforming structures. Collocation of WCFs upon existing tower-based
WCFs is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
[10]
Application fees. The municipality may assess
appropriate and reasonable application fees directly related to the
municipality's actual costs in reviewing and processing the application
for approval of a small WCF, as well as related inspection, monitoring,
and related costs, subject to the limitations in this section, in
amounts specified by the fee schedule for wireless communications
facilities (WCFs).[7]
[7]
Editor's Note: The fee schedule for wireless communications
facilities is on file in the Borough offices.
[11]
Standard of care. Any small 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, the
Pennsylvania Uniform Construction Code (UCC), 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 municipality.
[12]
Historic buildings and districts. No small WCF
may be located on, or within 100 feet of, any historic or preservation
district, property, building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, or is included in the official historic structures
list maintained by the municipality, or so designated as a landmark.
[13]
Wind and ice. All small WCF shall be designed
and constructed to withstand the effects of wind 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/EIA/TIA-222, as
amended), or to the industry standard applicable to the structure.
All small WCF structures shall also be designed and constructed to
withstand the wind and ice loads for the place of installation in
accordance with the Pennsylvania Uniform Construction Code.
[14]
Radio frequency emissions. A small 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. The owner
or operator of such small WCF shall submit proof of compliance with
any applicable radio frequency emissions standards to the Borough
Manager on an annual basis, or within 30 days following a written
request by the Borough. A small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any small WCF that: 1) fails to timely submit proof of compliance,
or 2) that is generating radio frequency emissions in excess of the
standards and regulations of the FCC.
[15]
Time, place and manner. The municipality shall
determine the time, place and manner of construction, maintenance,
repair and/or removal of all small WCF in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations.
[16]
Accessory equipment. Small WCF and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the municipality.
[17]
Graffiti. Any graffiti on the small WCF, including,
but not limited to, the antennas, the structure, the wireless support
structure, or any accessory equipment, shall be removed at the sole
expense of the owner within 10 days of notification by the municipality.
[18]
Maintenance. The following maintenance requirements
shall apply:
[a]
Any small WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the public.
[c]
All maintenance activities shall utilize nothing
less than the best available technology and practices for preventing
failures and accidents.
[d]
The municipality reserves the authority to require
the cleaning, repainting, or repair, of a small WCF, including, but
not limited to, the antennas, wireless support structure, accessory
equipment, and any other area where the exterior surface or appearance
of such facility is not regularly or properly maintained, cleaned,
repainted, or repaired.
[e]
Small WCF operators bear sole financial responsibility
for all maintenance or emergency repair costs. The financial responsibility
of small WCF operators for maintenance or emergency repair costs is
exclusive and independent from the municipality's costs in managing
and maintaining the public rights-of-way.
[19]
Design standards. All small WCF in the municipality
shall comply with the requirements of the Borough of Blawnox Small
Wireless Communications Facility Design Manual, a copy of which is
on file with the municipality.
[20]
Collocation requirement. An application for a
small WCF with a new wireless support structure in the public rights-of-way
shall not be approved unless the municipality finds that the proposed
small WCF cannot be accommodated on an existing structure or wireless
support structure, such as a utility pole. Any application for approval
of a small WCF shall include a comprehensive inventory of all existing
towers and other suitable structures or wireless support structures
within a one-half-mile radius from the point of the proposed small
WCF, unless the applicant can show to the satisfaction of the municipality
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower, structure, or other suitable wireless
support structure cannot be utilized.
[21]
Limitation on concurrent collocation applications.
Any person seeking to collocate a small WCF in the public rights-of-way
may submit a consolidated application for collocation of small WCFs,
which shall include no more than 20 concurrent applications to collocate
small WCFs in the public rights-of-way. No person shall submit more
than one consolidated application to collocate small WCFs in the public
rights-of-way, or 20 individual applications to collocate small WCFs
in the public rights-of-way during any thirty-day period of time.
If one consolidated application for collocation of small WCFs in the
public rights-of-way, or 20 individual applications to collocate small
WCFs in the public rights-of-way, are received by the Borough during
any forty-five-day period of time, then the Borough's applicable
shot clocks, as specified in this section, shall be automatically,
and without public notice, extended by a time period of 15 days following
submission of the aforesaid application(s).
[22]
Relocation or removal of facilities. Within 90
days following written notice from the municipality, or such longer
period as the municipality 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 small WCF when the municipality,
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:
[a]
The construction, repair, maintenance or installation
by the municipality or other public improvement in the public rights-of-way;
[b]
The operations of the municipality or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the municipality.
[23]
Retention of consultants or experts. The municipality
may hire any consultant(s) and/or expert(s) necessary to assist the
municipality in reviewing and evaluating the application for approval
of the small WCF and, once approved, in reviewing and evaluating any
potential violations of the terms and conditions of this section.
The applicant and/or owner of the small WCF shall reimburse the municipality
for all reasonable costs of the municipality's consultant(s)
and/or expert(s) in providing expert evaluation and consultation in
connection with these activities, provided that such costs are a reasonable
approximation of costs incurred, the costs are reasonable, and the
costs are nondiscriminatory.
[24]
Inspection report requirements. No later than
the first day of December of each odd-numbered year, or within 30
days following a written request by the municipality, the owner of
the small WCF shall have said small WCF inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Borough's Zoning Officer following the
inspection. Any repairs advised by the report shall be effected by
the owner no later than 60 calendar days after the report is filed
with the municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the small WCF shall again be inspected in accordance
with the parameters and requirements described herein.
[25]
Reimbursement for ROW use. In addition to permit
fees as described in this section, every small WCF in the ROW is subject
to the municipality'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 municipality'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 municipality.
The owner of each small WCF shall pay an annual fee to the municipality,
in an amount specified by the fee schedule for wireless communications
facilities (WCFs),[8] to compensate the municipality for the municipality's
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission. The municipality reserves the authority
to revoke the permit of any small WCF that fails to timely remit payment
of any small WCF right-of-way fee to the municipality.
[8]
Editor's Note: The fee schedule for wireless communications
facilities is on file in the Borough offices.
[26]
Inspection by municipality. The municipality reserves
the right to inspect any small WCF to ensure compliance with the provisions
of this section and any other provisions of the Borough of Blawnox
Code of Ordinances or state or federal law or regulation. The municipality
and/or its agents shall have the authority to enter the property or
public rights-of-way upon which a small WCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
G.
Laws applicable to all wireless facilities.
(1)
Municipal property. Nothing in this section shall be deemed
to create any offer, right, or entitlement to use Municipal property
for the construction or operation of tower-based WCFs, non-tower WCFs,
small WCFs, wireless support structures, or related facilities. Any
such tower-based WCF, non-tower WCF, small WCF, wireless support structure,
or related facility proposed to be sited on property owned, leased,
or otherwise controlled by Borough of Blawnox may be exempt from the
requirements of this section. The Borough Council retains the right
to require applicants to obtain site plan approval from it in accordance
with the requirements of this section. No tower-based WCF, non-tower
WCF, small WCF, wireless support structures, or related facilities
may be constructed or installed on municipal property or public rights-of-way
until a license or lease agreement authorizing such wireless facility
has been approved by the Borough Council.
(2)
Penalties. Any person violating any provision of this section
shall be subject, upon finding by a Magisterial District Judge, to
a penalty not exceeding $500 for each and every offense, together
with attorneys' fees and costs. A separate and distinct violation
shall be deemed to be committed each day on which a violation occurs
or continues to occur. In addition to an action to enforce any penalty
imposed by this section and any other remedy at law or in equity,
the municipality may apply to a court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this section.
(3)
Determination of violation. In the event the municipality determines
that a person has violated any provision of this section, such person
shall be provided written notice of the determination and the reasons
therefore. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the municipality
may, in its sole discretion, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the municipality may take any and all actions authorized by this section
and/or federal and/or Pennsylvania law and regulations.
(4)
Revocation of permitted use. Any permit granted under this section
may be revoked by the Borough Council after a hearing, conducted on
at least 15 days' written notice to the owner of the wireless
communications facility and any related facilities, and an opportunity
to be heard. If at such hearing the Borough Council determines that
substantial evidence exists that the wireless communications facility
and related facilities constitute a threat to public safety, health,
or welfare, or that the conditions of the permit have been materially
violated, the Borough Council may revoke the permit.
(5)
Fee payments are nonrefundable. All fees paid to the municipality,
including, but not limited to, application fees and permit fees, are
nonrefundable and will not be returned to the applicant.
H.
Insurance and indemnification of wireless facilities.
(1)
Insurance.
(a)
Requirement of insurance. Each person that constructs, owns,
operates, maintains, or removes a tower-based, non-tower, or small
wireless communications facility shall purchase and maintain, at its
sole expense, certain insurance coverages of specified minimum rating,
as listed herein, and shall provide documentation to the Borough Manager,
upon request, and as provided herein.
(b)
No payment or reimbursement. Each person that constructs, owns,
operates, maintains, or removes a tower-based, non-tower, or small
wireless communications facility shall be solely responsible for bearing
the costs of furnishing and maintaining all required insurance coverages
of specified minimum rating, as listed herein. The municipality shall
not provide direct payment or reimbursement to persons for the costs
of maintaining, or the costs of furnishing, the required insurance
coverages.
(c)
Specified minimum insurance ratings, registration, and additional
endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A VII or Better" from the A.M. Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility shall name Borough of Blawnox as
an additional insured by endorsement on the certificate(s) of insurance.
(d)
Furnishment of certificates prior to commencement. Prior to
the commencement of any construction, operation, maintenance, or removal,
each person that constructs, owns, operates, maintains, or removes
a tower-based, non-tower, or small wireless communications facility
shall furnish certificates of insurance to the Borough Manager evidencing
coverage in compliance with the regulations herein. The failure of
the Borough to object to the contents of the certificate(s) of insurance
or absence of same shall not be deemed a waiver of any legal rights
held by the Borough.
(e)
Revocation of permit. The failure of any person to construct,
operate, maintain, or remove a wireless communications facility without
complying with the insurance coverage and administrative requirements
herein shall constitute an emergency. Upon such emergency, the municipality
reserves the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
(f)
Minimum insurance requirements. Each person that constructs,
owns, operates, maintains, or removes a tower-based, non-tower, or
small wireless communications facility shall maintain the following
minimum insurance coverages:
[1]
Workers' compensation and employers liability policy, covering
operations in the Commonwealth of Pennsylvania. Where applicable,
U.S. Longshore and Harbor Workers' Compensation Act[9] endorsement and maritime coverage endorsement shall be
attached to the policy. Evidence must be provided to the Borough Manager.
Waiver of subrogation to be included with documentation provided to
the Borough Manager.
[9]
Editor's Note: See 33 U.S.C.A. § 901 et seq.
[2]
Commercial general liability policy, with limits of no less
than $1,000,000 each occurrence, per WCF location and $2,000,000 general
aggregate, per WCF location, with limits for bodily injury and property
damage, and shall contain the following coverages and endorsements:
[a]
Premises and operations.
[b]
Products/completed operations.
[c]
Independent contractors.
[d]
Personal and advertising injury.
[e]
Blanket contractual liability.
[f]
Explosion, collapse, underground liability (XCU).
[g]
Borough of Blawnox and their assigns, officers,
employees, volunteers, representatives and agents should be named
as an "additional insured" on the policy using ISO Additional Insured
Endorsement CG 2010 11/85 or an endorsement providing equivalent
or broader coverage and shall apply on a primary and noncontributory
basis, including any self-insured retentions.
[h]
The certificate of insurance should show this applies
to the general liability coverage on the certificate, and additional
insured endorsement shall be attached.
[i]
To the extent permitted by Pennsylvania law, each
person that owns, operates, or removes a tower-based, non-tower, or
small wireless communications facility waives all rights of subrogation
or similar rights against Borough of Blawnox, assigns, officers, employees,
volunteers, representatives and agents.
[j]
Cross liability coverage (commercial general liability
and business automobile liability policies only).
[k]
Coverage must be written on an occurrence policy
form.
[l]
No deductible or self-insured retention should
exceed $50,000.
[3]
Comprehensive automobile policy, with limits of no less than
$1,000,000. Bodily injury and property damage liability including,
but not limited to, coverage for owned, any auto nonowned, and hired
private passenger and commercial vehicles. Borough of Blawnox and
their assigns, officers, employees, representatives and agents should
be named as an "additional insured" on the policy. The certificate
of insurance should show this applies to the automobile liability
coverage on the certificate, and additional insured endorsement shall
be attached. To the extent permitted by Pennsylvania law, each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility waives all rights of subrogation
or similar rights against Borough of Blawnox, assigns, officers, employees,
representatives and agents. Coverage must apply on a primary and noncontributory
basis.
[4]
Umbrella liability, with limits of no less than $5,000,000 each
occurrence per WCF location and $5,000,000 general aggregate per WCF
location, including, but not limited to, coverage for general liability,
automobile, workers' compensation. Coverage must be written as
an occurrence policy.
[5]
Professional liability (if applicable), with limits no less
than $1,000,000 per claim. Coverage must be written as an occurrence
policy.
(g)
Increasing the minimum insurance requirements. The minimum insurance
requirements specified herein may be increased at any time upon the
review and determination of the Borough Council.
(h)
Notice prior to cancellation or expiration of insurance. The
certificate(s) of insurance shall provide that 30 days' written
notice prior to cancellation or expiration be given to the Borough
Manager via U.S. Postal Mail. Insurance policies that lapse and/or
expire during term of work shall be recertified and received by the
Borough Manager no less than 30 days prior to expiration or cancellation
of the respective policy.
(2)
Indemnification.
(a)
Requirement to indemnify and hold harmless. Each person that
constructs, owns, operates, maintains, or removes a tower-based WCF,
a non-tower WCF, or a small WCF shall, at its sole cost and expense,
indemnify, defend and hold harmless the municipality, its elected
and appointed officials, employees and agents, at all times against
any and all claims for personal injury, including, but not limited
to, 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 each of its WCF.
(b)
Requirement to defend. Each person that constructs, owns, operates,
maintains, or removes a tower-based WCF, a non-tower WCF, or a small
WCF shall defend any actions or proceedings against the municipality
in which it is claimed that personal injury, including, but not limited
to, death, or property damage was caused by the construction, operation,
maintenance or removal of each of its 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.
(c)
Indemnification and hold harmless agreement requirement. Prior
to the initial commencement of any construction, operation, maintenance,
or removal, each person that constructs, owns, operates, maintains,
or removes a tower-based, non-tower, or small wireless communications
facility shall furnish an indemnification and hold harmless agreement
to the Borough Manager.
I.
Miscellaneous.
(1)
Police powers. The municipality, by granting any permit or taking
any other action pursuant to this chapter, does not waive, reduce,
lessen or impair the lawful police powers vested in the municipality
under applicable federal, state and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause,
phrase or word of this section is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this section invalid.
(3)
Effective date. This chapter shall become effective upon enactment
by the Borough of Blawnox Council.
