[Ord. No. 2021-5, 11/18/2021[1]]
1.
The purpose of this Part is to establish uniform standards for the
siting, design, permitting, maintenance, and use of wireless communications
facilities in Hummelstown Borough (referred to herein as the "Borough").
While the Borough recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the Borough 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 these provisions, the Borough intends to:
A.
Accommodate the need for wireless communications facilities while
regulating their location and number so as to ensure the provision
of necessary services;
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 both Borough residents and wireless carriers
in accordance with federal and state laws and regulations;
C.
Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless communications facilities in the
Borough, including facilities both inside and outside the public rights-of-way;
D.
Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, and other wireless
communications facilities;
E.
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish,
and by requiring that competing providers of wireless communications
services co-locate their non-tower WCF and related facilities on existing
towers;
3.
Promote the health, safety and welfare of the Borough's residents.
[1]
Editor's Note: This ordinance also repealed former Part
22, Personal Wireless Communications Facilities, adopted by Ord. No.
2016-1, 7/21/2016.
[Ord. No. 2021-5, 11/18/2021]
1.
ACCESSORY EQUIPMENT
ANTENNA
BOROUGH
CO-LOCATION
EMERGENCY
EQUIPMENT COMPOUND
FAA
FCC
HEIGHT
MODIFICATION or MODIFY
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
PUBLIC UTILITY COMMISSION (PUC)
REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT
OF A WCF)
SMALL WIRELESS COMMUNICATIONS FACILITY
A.
B.
C.
D.
E.
F.
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
WBCA
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
WIRELESS SUPPORT STRUCTURE
As used in this Part 22, the following terms shall have the meanings
indicated.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
Borough of Hummelstown, Dauphin County, Pennsylvania.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a WCF or wireless support structure, means
the distance measured from the finished grade of the parcel to the
highest point on the tower or other structure, including the base
pad and any antenna(s).
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
Wireless communications facilities that are co-located on
existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flagpoles and other similar structures that
do not require the installation of a new tower.
The Public Utility Commission of the Commonwealth of Pennsylvania.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
A wireless communications facility that meets the following
criteria:
The wireless support structure on which antenna facilities are
mounted:
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume; and
All accessory equipment associated with the wireless support
structure, including the wireless equipment associated with the antenna
and any preexisting associated equipment on the wireless support structure,
is cumulatively no more than 28 cubic feet in volume;
The wireless communications facility does not require antenna
structure registration under 47 CFR Part 17;
The wireless communications facility is not located on tribal
lands, as defined under 36 CFR 800.16(x); and
The wireless communications facility does not result in human
exposure to radio frequency radiation in excess of the applicable
safety standards specified in 47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
A modification substantially changes the physical dimensions
of an support structure if it meets the criteria established by 47
CFR § 1.6100.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned or third-party land or property.
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Ord. No. 2021-5, 11/18/2021]
1.
Standard of care.
A.
All WCFs shall meet or exceed all applicable standards and provisions
of the FAA, the FCC and any other agency of the state or federal government
with the authority to regulate wireless communications facilities,
the latest National Electrical Safety Code (NESC), American National
Standards Institute (ANSI) Code, and the structural standards of the
American Association of State Highway and Transportation Officials
or any other industry standard applicable to the structure. In case
of conflict, the most stringent requirements shall prevail. All necessary
certifications shall be obtained by the WCF applicant and provided
to the Borough.
B.
If such standards or regulations are changed, the owner of the WCF
shall bring such WCF into compliance with the revised standards within
six months of the effective date of such standards or regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring such facilities into compliance
shall constitute grounds for the removal of the WCF at the owner's
expense.
C.
The WCF applicant shall submit proof of compliance with all applicable
federal and state standards, including but not limited to those established
by the Federal Communications Commission, as part of any complete
WCF application.
2.
Engineer Signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer,
licensed in the Commonwealth of Pennsylvania, and certifying compliance
with all local, state and federal laws and regulations applicable
to the proposed WCF.
3.
Eligible Facilities Requests. WCF applicants proposing a modification
to an existing WCF shall be required only to obtain permits of general
applicability from the Borough. In order to be considered for such
permits, the WCF applicant must submit permit applications to the
Borough in accordance with the requirements of the Borough Code. Such
permit applications shall clearly state that the proposed modification
constitutes an eligible facilities request pursuant to the requirements
of 47 CFR § 1.6100. The permit applications shall detail
all dimensional changes being made to the WCF and wireless support
structure.
4.
Wind and Ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
5.
Nonconforming Wireless Support Structures. WCFs shall be permitted
to co-locate upon existing nonconforming wireless support structures.
Co-location of WCFs upon existing wireless support structures is encouraged
even if the existing wireless support structure is nonconforming as
to use within a zoning district.
6.
Signs. All WCFs shall post a sign in a readily visible location on
each major equipment component identifying the name and phone number
of a party to contact in the event of an emergency. The size and design
of such signage shall be approved by the Borough. The only other signage
permitted on the WCF shall be those required by the FCC, or any other
federal or state agency.
7.
Inspections; Reports. Inspection reports shall be submitted to the
Borough by the owner of a WCF upon request to ensure structural integrity
and compliance with applicable federal, state and local codes and
regulations.
8.
Permit Fees. The Borough may assess appropriate and reasonable permit
fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring, and related costs. Such permit fees shall
be established by the Borough fee schedule.
9.
Performance Bond. The owner of a WCF shall obtain a performance bond
in an amount sufficient to guarantee removal of the WCF. Evidence
of such performance bond shall be provided to the Borough as part
of a complete WCF application.
10.
Indemnification. Each person that owns or operates a WCF shall, at
its sole cost and expense, indemnify, defend and hold harmless the
Borough, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Borough in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a WCF. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable
expert fees, court costs and all other costs of indemnification.
11.
Noncommercial Usage Exemption. Borough residents utilizing satellite
dishes, citizen and/or band radios, and antennas for the purpose of
maintaining television, phone, and/or internet connections at their
residences shall be exempt from the regulations enumerated in this
Part.
12.
Historic Buildings. No tower-based WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places or the official historic structures and/or
historic districts list maintained by the Borough.
13.
Change in Ownership. If ownership of a WCF is transferred to a party
other than the party designated as the owner on the application for
the WCF, notice detailing the change in ownership shall be provided
to the Borough within 30 days of such change in ownership.
14.
Abandonment; Removal. In the event that use of a WCF and/or its dedicated
accessory equipment is to be discontinued, the owner shall provide
written notice to the Borough of its intent to discontinue use and
the date when the use shall be discontinued. A WCF and/or dedicated
accessory equipment not operated for a period of 12 months shall be
considered abandoned. Discontinued or abandoned WCFs, or portions
of WCFs, shall be removed as follows:
A.
All abandoned or unused WCFs and accessory equipment shall be removed
within 90 days of the cessation of operations at the site or receipt
of notice that the WCF has been deemed abandoned by the Borough, unless
a time extension is approved by the Borough.
B.
If the WCF or accessory equipment is not removed within 90 days of
the cessation of operations at a site, or within any longer period
approved by the Borough, the WCF and/or associated facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF, regardless of the owner's or operator's
intent to operate the WCF in the future.
C.
The Borough reserves the right to pursue all available remedies under
the law to ensure removal of the WCF and restoration of the site at
the expense of the owner. Any delay by the Borough in taking action
shall not invalidate the Borough's right to take action.
D.
Where there are two or more users of a single WCF, this provision
shall not become effective until all users have terminated use of
the WCF for a period of 12 months.
15.
Maintenance. The following maintenance requirements shall apply:
A.
All WCFs shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance, repair or replacement.
B.
Such maintenance shall be performed by the owner of the WCF to ensure
the upkeep of the WCF in order to promote the safety and security
of the Borough's residents and in accordance with all applicable
Borough, state and federal regulations.
C.
All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents. Maintenance
logs will be provided to the Borough upon request.
16.
Timing of Approval. The following table details the applicable time
frame of approval for each type of WCF application:
|
Type of WCF/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Eligible Facilities Request
|
30 calendar days from receipt of initial application; 10 calendar
days from receipt of supplemental application for subsequent notices
|
60 total calendar days from receipt of initial application
|
|
Small WCF (Co-located)
|
10 business days from receipt of initial or supplemental application
|
60 total calendar days from receipt of initial application
|
|
Small WCF (New or Replacement wireless support structure
|
10 business days from receipt of initial or supplemental application
|
90 total calendar days from receipt of initial application
|
|
Non-Tower WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
90 total calendar days from receipt of initial application
|
|
Tower-Based WCF
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
150 total calendar days from receipt of initial application
|
[Ord. No. 2021-5, 11/18/2021]
1.
The following regulations shall apply to all tower-based wireless
communications facilities that do not meet the definition of a small
WCF.
A.
Siting Requirements.
B.
Application Requirements.
(1)
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall mail notice to all owners of every property within
500 feet of the proposed facility. The WCF applicant shall provide
proof of the notification to the Borough.
(2)
Prior to the Borough's approval of an application for the
construction and installation of a Tower-based WCF, it shall be incumbent
upon the WCF applicant to prove to the reasonable satisfaction of
the Borough Council that the WCF applicant cannot adequately extend
or infill its communications system by the use of equipment installed
on existing structures, such as utility poles or their appurtenances,
and other available structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no
other viable, less-intrusive alternative location exists.
(3)
The application shall include the name and contact information,
including phone number, for both the WCF applicant and the owner of
the proposed tower-based WCF.
(4)
The application shall include a site plan, drawn to scale, showing
property boundaries, power location, total height of the tower-based
WCF, guy wires and anchors, existing structures, elevation drawings,
typical design of proposed structures, parking, fences, landscaping
and existing uses on adjacent properties.
(5)
The application shall include aerial photographs of the area
within a 500-foot radius of the proposed tower-based WCF and identify
all existing WCFs in that area.
(6)
The application shall be accompanied by a description of the
type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
(7)
The application shall include evidence that a significant gap
in wireless coverage or capacity exists in the applicable area and
that the type of WCF being proposed is the least intrusive means by
which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Borough's
decision on an application for approval of the tower-based WCF.
(8)
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the WCF applicant shall present evidence
to the Borough that the owner of the property has granted an easement
or other property right, if necessary, for the proposed WCF and that
vehicular access will be provided to the facility.
(9)
The application shall include a written certification by a structural
engineer licensed in the Commonwealth of Pennsylvania of the proposed
WCF's ability to meet the structural standards offered by either
the Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure.
(10)
An application for a new tower-based WCF shall demonstrate that
the proposed tower-based WCF cannot be accommodated on an existing
wireless support structure. Borough Council may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good-faith effort to mount the antenna(s) on an existing wireless
support structure. The WCF applicant shall demonstrate that it contacted
the owners of all potentially feasible structures, buildings, and
towers within a 1/4-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower, and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(11)
The application shall include a report by a qualified engineering
expert which shows that the tower-based WCF will comply with applicable
FCC regulations, including applicable standards for radio frequency
emissions.
(12)
The application shall also be accompanied by documentation demonstrating
that the proposed tower-based WCF complies with all applicable provisions
of this Part.
C.
Development Regulations.
(1)
Sole Use on a Lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets the minimum
size specifications set forth in the Borough Zoning Code.
(2)
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 industrial, commercial, institutional or municipal use,
subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the WCF.
(b)
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting if the proposed WCF is greater than 40
feet in height.
D.
Design Regulations.
(1)
Height. Any tower-based WCF shall be designed at the minimum
functional height. In all zoning districts, the maximum height of
any new tower-based WCF shall be 200 feet. An existing tower-based
WCF may be modified or extended to a height not to exceed a total
height of 215 feet, to accommodate the co-location of additional antennas.
(2)
Visual Appearance and Land Use Compatibility.
(a)
Tower-based WCFs shall employ stealth technology, which may
include the wireless support structure being painted a certain color
as approved by Borough Council or utilizing a galvanized finish.
(b)
All tower-based WCFs and accessory equipment shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
(c)
Borough Council shall consider whether its decision upon the
subject application will promote the harmonious and orderly development
of the zoning district involved; encourage compatibility with the
character and type of development existing in the area; prevent a
negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(3)
Anti-Climbing Device. If deemed necessary by Borough Council,
a tower-based WCF shall be equipped with an anti-climbing device,
as approved by the manufacturer.
(4)
Minimum Setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street right-of-way
line shall be equal to 100% of the height of the tower-based WCF or
the minimum front yard setback of the underlying zoning district,
whichever is greatest. Where the site on which a tower-based WCF is
proposed to be located is contiguous to an educational use, child
day-care facility, or agriculture or residential use, the minimum
distance between the base of a tower-based WCF and any such adjoining
uses shall equal 250 feet, regardless of the height of the tower-based
WCF, unless it is demonstrated to the reasonable satisfaction of the
Council that in the event of failure the WCF is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining uses and their occupants.
E.
Surrounding Environs.
(1)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(2)
The WCF applicant shall submit a soil report to Borough Council
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
F.
Fence/Screen.
(1)
A security fence with a minimum height of six feet and a maximum
height of eight feet, with openings no greater than nine inches, shall
completely surround any tower-based WCF greater than 40 feet in height,
as well as guy wires, or any building housing WCF equipment.
(2)
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. Borough Council may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping if, in the discretion of the Council,
they achieve the same degree of screening. Existing vegetation shall
be preserved to the maximum extent possible.
(a)
An evergreen screen shall be required to surround the site.
The evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
G.
Accessory Equipment.
(1)
Either one single-story wireless communications equipment building
not exceeding 500 square feet in area or up to five metal boxes placed
on a concrete pad not exceeding 10 feet by 20 feet in area housing
the receiving and transmitting equipment may be located on the site
for each unrelated company sharing commercial communications antenna(s)
space on the tower-based WCF.
(2)
Ground-mounted accessory equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using stealth technology, as described above.
(3)
All accessory equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
H.
Additional Antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough Council with a written
commitment that it will allow other service providers to co-locate
antennas on the tower-based WCF where technically and economically
feasible. To the extent permissible under state and federal law, the
owner of a tower-based WCF shall not install any additional antennas
without complying with the applicable requirements of this Part.
I.
FCC License. Each person that owns or operates a tower-based WCF
shall submit a copy of its current FCC license, including the name,
address, and emergency telephone number for the operator of the facility.
J.
Lighting. No tower-based WCF shall be artificially lighted, except
as required by law. If lighting is required, the WCF applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Borough Secretary.
K.
Storage. The storage of unused equipment, materials or supplies is
prohibited on any tower-based WCF site.
L.
Repair of Nonconforming Tower-Based WCF. Nonconforming tower-based
WCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location but must
otherwise comply with the terms and conditions of this section. The
co-location of antennas is permitted on nonconforming structures.
M.
Insurance. Each person that owns or operates a tower-based WCF shall
provide the Borough Zoning Officer with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower-based WCF.
N.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the ROW 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, in
an amount of $10,000, to assure the removal of the tower-based WCF
upon abandonment or cessation of use for a period of six months. The
bond shall provide that the Borough may recover from the principal
and surety any and all compensatory damages incurred by the Borough
for violations of this Part, after reasonable notice and opportunity
to cure. The owner shall file the bond with the Borough.
[Ord. No. 2021-5, 11/18/2021]
1.
The following regulations shall apply to all non-tower WCFs that
do not meet the definition of a small WCF:
A.
Siting Requirements.
(1)
Non-tower WCFs shall be permitted by conditional use in all
zoning districts, subsect to the requirements of this Part 22.
(2)
The following sites shall be considered by WCF applicants as
the preferred order of location of proposed non-tower WCFs. As determined
to be technically feasible, in order of preference, the sites are:
(a)
Existing WCF, smokestack, water tower, or any other tall structure.
(b)
I-L Industrial District.
(c)
IN Institutional District.
(d)
Publicly owned structures.
(e)
C-G Commercial General District and C-W Commercial Warehousing
District.
(f)
Residential zones which are R-M Residential Mixed District,
R-C Residential Cluster District and R-TF Residential Two-Family/Apartments
District as a conditional use.
B.
Application procedures.
(1)
Applications for non-tower WCFs shall be submitted to the Borough
Zoning Officer.
(2)
All applications for non-tower WCFs shall include the following
information:
(a)
The name and contact information, including phone number, for
both the WCF applicant and the owner of the proposed non-tower WCF.
(b)
A site plan, drawn to scale, showing property boundaries, power
location, total height of the non-tower WCF, the entirety of the structure
upon which the non-tower WCF will be co-located, and accessory equipment
locations.
(c)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the non-tower WCF.
(d)
If the non-tower WCF is proposed for location on a wireless
support structure that currently supports existing WCFs or other attachments,
the depiction shall show the location and dimensions of all such attachments.
(e)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the non-tower WCF.
(f)
An aerial photograph of the proposed site showing the area within
500 feet of the non-tower WCF. The aerial photograph shall identify
all structures within such radius.
(g)
Photo simulations depicting the non-tower WCF from at least
three locations near the proposed site. The photo simulations should
reflect the proposed design and location of all equipment associated
with the non-tower WCF.
(h)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed non-tower
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
(i)
A report by a qualified engineering expert which shows that
the non-tower WCF will comply with applicable FCC regulations, including
applicable standards for radio frequency emissions.
(k)
Certification of the application's compliance with all
requirements of this Part 22.
(l)
All application fees required by the Borough as detailed in
the Borough fee schedule.
C.
Development Regulations.
(1)
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district, unless the WCF applicant applies for,
and subsequently obtains, a variance.
(2)
In accordance with industry standards, all WCF applicants must
submit documentation to the Borough showing that the proposed non-tower
WCF is designed to be the minimum height technically feasible and
justifying the total height of the non-tower WCF.
(3)
If the WCF applicant proposes to locate the accessory equipment
in a separate ground-mounted building, the building shall comply with
the minimum requirements for the applicable zoning district, and landscaping
shall be required to screen as much of the equipment building as possible.
An evergreen screen shall surround the site. The evergreen screen
shall be a minimum height of six feet at planting and shall grow to
a minimum of 15 feet at maturity.
(4)
A security fence with a minimum height of six feet and a maximum
height of eight feet, with openings no greater than nine inches, shall
surround any separate ground-mounted 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.
D.
Design.
(1)
Non-tower WCFs shall employ stealth technology and be treated
to match the wireless support structure in order to minimize aesthetic
impact. The application of the stealth technology utilized by the
WCF applicant shall be subject to the approval of the Borough.
(2)
Non-tower WCFs shall, to the extent technically feasible, incorporate
architectural features, materials and colors which blend with surrounding
buildings, structures, terrain or landscape.
E.
Prohibited on Certain Structures. No non-tower WCF shall be located
on single-family detached residences, single-family attached residences,
semidetached residences, duplexes, or any residential accessory structure.
F.
Third-Party Wireless Support Structures. Where the non-tower WCF
is proposed for co-location on a wireless support structure that is
not owned by the WCF applicant, the WCF applicant shall present documentation
to the Zoning Officer that the owner of the wireless support structure
has authorized co-location of the proposed non-tower WCF.
G.
Retention of Experts. The Borough may hire any consultant(s) and/or
expert(s) necessary to assist the Borough in reviewing and evaluating
the application for approval of the WCF at its sole discretion and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these WCF provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Borough for all costs
of the Borough's consultant(s) in providing expert evaluation
and consultation in connection with these activities. At the sole
discretion of the Borough Zoning Officer, the establishment of a professional
services agreement may be required.
H.
Insurance. Each person that owns or operates a non-tower WCF shall
annually provide the Borough with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
I.
Substantial Change. Any substantial change to a WCF shall require
notice to be provided to the Borough Zoning Officer, and possible
supplemental permit approval as determined by the Borough Zoning Officer
in accordance with the Borough Code.
[Ord. No. 2021-5, 11/18/2021]
1.
The following regulations shall apply to all small WCFs.
B.
Applications for small WCFs shall include the following:
(1)
The name and contact information, including phone number, for
both the WCF applicant and the intended owner of the proposed small
WCF.
(2)
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small WCF, and a certification
that the WCF applicant has included all information required by the
Borough Code, signed by a representative of the WCF applicant.
(3)
Upon submission of an application for a small WCF requiring
the installation of a new or replacement wireless support structure,
the WCF applicant shall mail notice to all owners of every property
within 250 feet of the proposed small WCF. The WCF applicant shall
provide proof of the notification to the Borough.
(4)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the small WCF.
(a)
If the small WCF is proposed for location on an existing or
replacement wireless support structure that currently supports existing
attachments, the depiction shall show the location and dimensions
of all such attachments.
(b)
If installation of a new or replacement wireless support structure
is being proposed, the depiction shall include the color, dimensions,
material and type of wireless support structure proposed.
(5)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small WCF.
(6)
An aerial photograph of the proposed site showing the area within
500 feet of the small WCF. The aerial photograph shall identify all
structures within such radius.
(7)
Photo simulations depicting the small WCF from at least three
locations near the proposed site. The photo simulations should reflect
the proposed design and location of all equipment associated with
the small WCF.
(8)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
(9)
A report by a qualified engineering expert which shows that
the small WCF will comply with applicable FCC regulations, including
applicable standards for radio frequency emissions.
(11)
Certification of the application's compliance with all
requirements of this Part 22.
(12)
All application fees required by the Borough as detailed in
the Borough fee schedule.
C.
Resubmission Following Denial.
(1)
If the Borough denies an application for a small WCF, the Borough
shall provide the WCF applicant with written documentation of the
basis for denial, including the specific provisions of the Borough
Code on which the denial was based, within five business days of the
denial.
(2)
The WCF applicant may cure the deficiencies identified by the
Borough and resubmit the application within 30 days of receiving the
written basis for the denial without being required to pay an additional
application fee. The Borough shall approve or deny the revised application
within 30 days of the application being resubmitted for review.
D.
Consolidated Applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable time frame under § 27-2203, Subsection 16, shall be extended by 15 days.
E.
Time, Place and Manner. Once approved, the Borough shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
F.
Attachment to Municipal Structures. The Borough shall allow the co-location
of small WCFs to structures owned by the Borough in accordance with
the hierarchy detailed in this section. If the WCF applicant is proposing
the co-location of a small WCF on a lower-priority structure, it shall
be a condition to the approval of the application that the WCF applicant
provide evidence that co-location on a higher-priority structure or
wireless support structure owned by a third party is not technically
feasible. In order from most preferable to least preferable, the Borough's
co-location preferences are as follows.
G.
Obstruction. Small WCFs 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 Borough.
H.
Graffiti. Any graffiti on a small WCF, including the wireless support
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 10 calendar days of notification by the
Borough.
I.
Design Standards. All small WCFs in the Borough shall comply with
the requirements of the Borough small wireless communications facility
Design Manual. A copy of such shall be kept on file at the Borough
Zoning Office.
J.
Obsolete Equipment. As part of the construction, modification or
replacement of a small WCF, the WCF applicant shall remove any obsolete
or abandoned equipment from the wireless support structure.
K.
Relocation or Removal of Facilities. Within 90 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a small WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in
the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Borough.
L.
Time Limit for Completion of Construction. The proposed co-location,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Borough
and the WCF applicant agree in writing to extend the period.
M.
Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Borough's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Borough's actual ROW management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Borough. The owner of each small WCF
shall pay an annual fee to the Borough to compensate the Borough for
the Borough's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
N.
Insurance. Each person that owns or operates a small WCF shall annually
provide the Borough with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the small WCF.
