A.
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities (WCF) in the Borough. While the Borough recognizes the
importance of WCFs 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.
B.
By enacting this chapter, the Borough intends to:
(1)
Promote the health, safety, and welfare of Borough residents
and businesses with respect to WCFs.
(2)
Provide for the managed development of WCFs 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.
(3)
Establish procedures for the design, siting, construction, installation,
maintenance, and removal of both tower-based and non-tower based WCFs
in the Borough, including facilities both inside and outside the public
ROW.
(4)
Address new wireless technologies, including, but not limited
to, DAS, data collection units, cable Wi-Fi, and other WCFs.
(5)
Encourage the co-location of WCFs on existing structures rather
than the construction of new tower-based structures.
(6)
Treat each communications services provider in a nondiscriminatory
and competitively neutral manner in exercising the Borough's
authority.
(7)
Protect Borough residents from potential adverse impacts of
WCFs and preserve, to the extent permitted under law, the visual character
of established communities and the natural beauty of the landscape.
(8)
Update the Borough's wireless facilities regulations to
incorporate changes in federal and state laws and regulations.
General standards. The following regulations shall apply to
all tower-based WCFs:
A.
Conditional use required. Each applicant proposing the construction of a tower-based WCF shall complete and submit a conditional use application as either a principal or accessory use prior to beginning construction of such WCF. Such application shall be evaluated by the Borough and subject to the proceedings of Article IV of this chapter.
B.
Proof of ownership or agreement. The applicant shall include a copy
of a written agreement for use of the land if the applicant is not
the owner the parcel on which the tower-based WCF will be constructed.
C.
Historic buildings or districts. No tower-based WCF may be located
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 and/or historic
districts list maintained by the Borough.
D.
Related equipment. Ground-mounted-related equipment greater than
three cubic feet, such as cabinets and accessory structures, shall
not be located within 50 feet of a lot in residential use or residential
zoning district.
E.
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 ANSI
Code, National Electrical Safety Code, National Electrical Code as
adopted by the UCC, as well as the accepted and responsible workmanlike
industry practices of the 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 of any person
or any property in the Borough.
F.
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the ANSI as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/TIA-222-E Code, as amended).
G.
Height. Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Borough justifying the total height of the structure. The maximum
total height of any tower-based WCF, which is not located in the public
ROW, shall not exceed 150 feet, which height shall include all subsequent
additions or alterations. Equipment buildings, cabinets, and accessory
structures shall not exceed 15 feet in height.
H.
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.
I.
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 Borough's
residents.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
J.
Modifications. Applicants proposing the modification of any tower-based
WCF shall submit a building permit application to the Borough and
shall not commence such modifications until the complete application
has been received by the Borough.
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.
L.
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. There shall be no other signage permitted
on the WCF, except for that required by law FCC/FAA regulations.
M.
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
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
N.
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 Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
O.
Aviation safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
P.
Timing of approval. Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Borough, the Borough shall
notify the applicant in writing of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF and the Borough
shall advise the applicant in writing of its decision. If additional
information was requested by the Borough to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the 150-day review period.
Q.
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 within one year after damage occurs
but must otherwise comply with the terms and conditions of this chapter.
Co-location on nonconforming tower-based WCFs is permitted.
R.
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
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned 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 Borough.
(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 Borough, the WCF and accessory facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF. In addition to and not in lieu of any
other remedy available to the Borough to recover costs associated
with removal, the Borough shall file liens against the WCF owner and
the owner of any real property upon which a WCF is sited, in order
to recover any unpaid legal fees, consultant fees, and court cost
that may be incurred.
(3)
Any unused portions of tower-based WCF, including antennae,
shall be removed within six months of the time of cessation of operations.
The Borough must approve all replacements of portions of a tower-based
WCF previously removed.
S.
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.
T.
Insurance. Each person that owns or operates a tower-based WCF greater
than 45 feet in height shall provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 45 feet or
less in height shall 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 each tower-based WCF.
U.
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 tower-based WCF,
as well as related inspection, monitoring and related costs.
V.
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 tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The 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.
W.
Indemnification. Each person that owns or operates a tower-based
WCF, or the property on which such WCF is located 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 or depreciation of property value or for violation
of property or zoning rights, 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 tower-based WCF. Each person that owns or operates a tower-based
WCF and each owner of property upon which a tower-based WCF is located
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 tower-based 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.
X.
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
Y.
Financial security. Prior to receipt of a zoning permit for the construction
or placement of a tower-based WCF, the applicant shall provide to
the Borough financial security in the form of a letter of credit or
bond sufficient to guarantee the removal of the tower-based WCF. The
amount of said financial security shall be determined based upon industry
standards for removal and shall remain in place until the tower-based
WCF is removed.
B.
Cabinets and equipment.
(1)
All equipment/cabinets shall match the color and texture of
the tower/structure it is to be placed on, except for wood utility
poles.
(2)
All wires shall be shrouded and shall match the color and texture
of the structure it is to be attached.
(3)
Wires, cables, and other equipment shall be firmly attached
to the structure.
(4)
Cabinets shall be integrated into the structure. If integration
is not feasible, the cabinet shall be adjacent to the structure to
which the antenna is placed.
(5)
No equipment or structure shall interfere with pedestrian or
bicycle traffic.
(6)
Street trees shall not be removed to allow for cabinets or equipment.
D.
Painting. Towers shall be painted or finished in a manner which blends
with the dominant color of the background except where otherwise required
by the FAA. The applicant and/or operator of the facility shall have
a continuing duty to maintain such paint or finish.
E.
View protection. A tower shall not be located in such a fashion as
to negatively impact views from public parks or recreation areas.
Tower-based WCFs outside the ROW. The following regulations
shall apply to tower-based WCFs located outside the public ROW:
A.
Location. No tower-based WCF shall be located in an area in which
all utilities are located underground, except as permitted by this
chapter.
B.
Site requirements. A tower-based WCF may be located as permitted in the district regulations or the general standards for accessory structures, as set forth in Article III of this chapter.
(1)
Permitted as a sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot, provided such WCF conforms to the regulations set forth in Article III of this chapter and the following standards:
(2)
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 50
feet in height.
C.
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district. In addition, the minimum setback for the tower shall be
a distance that is at least equal to 1.5 times the height of the tower.
(1)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
(2)
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
D.
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the general standards for accessory uses.
In addition, the minimum setback for the tower from any existing structures
shall be a distance that is at least equal to 1.5 times the height
of the tower.
E.
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators 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.
F.
Co-location and siting. An application for a conditional use for
a new tower-based WCF shall not be approved unless the Borough Council
finds that the wireless communications equipment planned for the proposed
tower-based WCF cannot be accommodated on an existing or approved
structure or building, or on Borough property. Any application for
a conditional use for approval of a tower-based WCF shall include
a comprehensive inventory of all existing towers and other suitable
structures within a two-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Borough
Council that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
G.
Notice. Upon submission of an application for a tower-based WCF,
the applicant shall provide the contact information of all owners
of every property within 500 feet of the proposed facility. The Borough
shall be responsible for mailing the notices to the neighboring property
owners.
H.
Design regulations.
(1)
The WCF shall employ the most current 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
Borough Council.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough Council. The Borough 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 Borough.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennae and comparable antennae for future users.
I.
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. Any plantings shall conform to the standards set forth in Article IV of this chapter.
(2)
The WCF applicant shall submit a soil report to the Borough
to document and verify the design specifications of the foundation
of the tower-based WCF, and anchors for guy wires, if used.
J.
Fence/screen.
(1)
A security fence having a maximum height of eight feet shall
completely surround any tower-based WCF greater than 50 feet in height,
as well as guy wires, or any building housing WCF equipment.
(2)
A screen of evergreen trees planted eight feet on center, and
staggered in two rows, shall be located along the perimeter of the
security fence surrounding a tower-based WCF greater than 50 feet
in height. Existing vegetation shall be preserved to the maximum extent
possible.
K.
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 to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(3)
Additional antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennae on
tower-based WCFs where technically and economically feasible. The
owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Borough.
L.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to the tower-based
WCF. 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 ensure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Borough that the property owner
has granted an easement for the proposed facility.
M.
Parking. For each tower-based WCF greater than 50 feet in height,
there shall be two off-street parking spaces, or one space per employee,
whichever is greater.
N.
Inspection. The Borough reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this chapter and any
other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
General standards. The following regulations shall apply to
all non-tower WCF:
A.
Permitted in all zoning districts subject to regulations. Non-tower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Zoning Officer.
B.
Locations restrictions. Non-tower WCFs shall meet the following location
restriction:
(1)
Prohibited on certain structures. Non-tower WCFs shall not be
located on single-family detached residences, single-family attached
residences, two-family residences, or any accessory residential structure.
(2)
Related equipment. Ground-mounted-related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or residential zoning district.
(3)
Historic buildings. No non-tower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or is eligible to be so listed, or is
listed on the official historic structures and/or historic districts
list maintained by the Borough or has been designated by the Borough
to be of historical significance. The Borough Council may, in its
discretion, waive this prohibition if the applicant can demonstrate
that the proposed location is less visually intrusive than other potential
sites.
C.
Proof of ownership or agreement. The applicant shall include a copy
of a written agreement for the use of the structure if the applicant
is not the owner the parcel on which the non-tower WCF will be constructed.
D.
Building permit required. Applicants proposing the modification of
an existing non-tower WCF shall obtain a building permit from the
Zoning Officer. In order to be considered for such permit, the applicant
must submit a permit application to the Borough Zoning Officer.
E.
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 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 of any person or any
property in the Borough.
F.
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the ANSI
as prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association (ANSI/EIA-222-E
Code, as amended).
G.
Height. Any non-tower WCF shall be designed at the minimum functional
height. All non-tower WCF applicants must submit documentation to
the Borough justifying the total height of the structure.
H.
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.
I.
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 Borough
residents.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
J.
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.
K.
Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
L.
Timing of approval. Within 30 calendar days of the date that an application
for a non-tower WCF is filed with the Borough, the Borough shall notify
the WCF applicant in writing of any information that may be required
to complete such application. Within 60 calendar days of receipt of
a complete application, the Borough shall make its final decision
on whether to approve the application and shall advise the WCF applicant
in writing of such decision. The Borough shall notify the WCF applicant
as to completeness of the WCF application within 30 days of receipt.
The timing requirements in this section shall only apply to proposed
facilities that fall under the Pennsylvania Wireless Broadband Collocation
Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
M.
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(1)
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Borough.
(2)
If the WCF or accessory facility is not removed within two months
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.
N.
Insurance. Each person that owns or operates a non-tower WCF shall
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.
O.
Permit fees. The Borough may assess appropriate and reasonable permit
fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF.
P.
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 and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of this chapter. The 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.
Q.
Indemnification. Each person that owns or operates a non-tower WCF
shall, at its sole cost and expense, indemnify, defend, and hold harmless
the Borough, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage or depreciation of property value or for
violation of property or zoning rights, arising in whole or in part
from, caused by or connected with any act or omission of the person,
its officers, agents, employees or contractors arising out of, but
not limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF and each owner of property upon which
a tower-based WCF is located. Each person that owns or operates a
non-tower WCF shall defend any actions or proceedings against the
Borough in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance, or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all
other costs of indemnification.
R.
Engineer signature. All plans and drawings for all non-tower WCFs
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
Non-tower WCF outside the ROW. The following regulations shall
apply to non-tower WCFs outside the ROW:
A.
Development regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs subject
to the following conditions:
(1)
Such WCF does not exceed the maximum height permitted in the
underlying zoning district.
(2)
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(3)
An eight feet high security fence 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.
B.
Design regulations.
(1)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting 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 Borough Council.
(2)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 10 feet above the roof or parapet.
(3)
The total height of any support structure and mounted WCF shall
not exceed the maximum height permitted in the underlying zoning district.
(4)
All non-tower WCF applicants must submit documentation to the
Borough justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
C.
Antennae, 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.
D.
Non-commercial usage exemption. Borough citizens utilizing satellite
dishes and antennae for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from the regulations enumerated in this chapter.
E.
Removal, replacement, and modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the numbers of antennae.
(2)
Any material modification, such as an increase in height or
width, to a WCF shall require a prior amendment to the original permit
or authorization.
F.
Inspection. The Borough reserves the right to inspect any WCF to
ensure compliance with the provisions of this chapter and any other
provisions found within the Borough Code or state or federal law.
The Borough and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
A.
Application requirements. An application for a small WCF shall include
the following:
(1)
Construction and engineering drawings.
(2)
A signed agreement from the owner of the pole on which the small
WCF will be placed.
(3)
Documentation showing compliance with all applicable requirements
and design guidelines herein.
(4)
A statement from the applicant indicating that the following
and approval of the small wireless facility is required by the wireless
provider to provide additional capacity or coverage for wireless service.
(5)
A report from a qualified engineer that shows that the small
WCF will comply with applicable FCC regulations, as amended.
B.
Consolidated applications. Applicants may submit a consolidated application
for multiple small WCFs if the following conditions are met:
(1)
The consolidated application shall not exceed 20 small wireless
facilities.
(2)
The denial of one or more small wireless facilities shall not
delay the processing of any other small wireless facilities on the
same application.
(3)
A single applicant shall not submit more than one consolidated
application or 20 single applications in a thirty-day period.
C.
Height and size regulations.
(1)
Height on an existing utility pole. The height of a small wireless
facility on an existing utility pole shall not extend more than five
feet above the existing utility pole.
(2)
Height on a new or replacement utility pole. The height of a
small wireless facility installed on a new or replacement utility
pole shall not exceed 50 feet above ground level, including the utility
pole and small wireless facility.
(3)
Each antenna associated with the deployment shall be no more
than three cubic feet in volume.
(4)
Any other equipment associated with the facility (excluding
antennas) shall be no more than 28 cubic feet in volume.
D.
Time frames for review and action.
(1)
The Borough shall provide notice to the applicant if it is incomplete
within 10 business days of submittal of the application.
(2)
The Borough shall approve or deny a small wireless facility
application for collocation on existing poles within 60 calendar days.
(3)
The Borough shall approve or deny a small wireless facility
application for new or replacement poles within 90 calendar days.
E.
Resubmittals.
(1)
Applicants may resubmit without additional fees within 30 days
of denial. The Borough shall have an additional 30 days to render
a decision on the resubmitted application.
(2)
Batched applications.
(a)
Only one batched application shall be permitted in a forty-five-day
period.
(b)
A maximum of 20 collocated facilities are permitted per application.
(c)
If more than one application for batched facilities is submitted
within a forty-five-day period, the Borough shall have an additional
15 days to render a decision.
