Avondale, PA Zoning Ordinance

[Added 12-28-2021 by Ord. No. 272]

§ 430-131 Purpose and intent.

Purpose. The purpose of this article and the standards established herein are to govern the use, construction and siting of wireless communications facilities in recognition of the nature of wireless communications systems and the Federal Telecommunications Act of 1996, and subsequent related state and federal laws governing telecommunications, as amended from time to time. This article is intended to:

(1)

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services.

(2)

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers if possible.

(3)

Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations, including the Borough's Building Code.[1]

[1]

Editor's Note: See also Ch. 190, Construction Codes, Uniform.

(4)

Promote the health, safety and welfare of the Borough's residents.

Small wireless facilities. Wireless communications facilities that qualify as small wireless facilities, as has been defined by the Federal Communications Commission, are governed by a separate Borough ordinance, and related design criteria, as adopted by the Borough to address small wireless facilities. Wireless communications facilities that fall under the definition of small wireless facilities are governed and controlled by Chapter 416, Wireless Facilities, and approved design criteria. Small wireless facilities are not subject to the provisions of this section.

§ 430-132 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An "antenna" may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An "antenna" shall not include tower-based wireless communications facilities defined below.

BASE STATION

Any structure or equipment at a fixed location that enables FCC-licensed or authorized communications between user equipment and a communications network. Includes structures other than towers that support or house an antenna, transceiver, or other associated equipment that constitutes part of a "base station" at the time the relevant application is filed with the state or municipal authorities, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at that time support or house base station components. The term includes buildings, light poles, utility poles, water towers, etc., as well as DAS systems and small cells.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.

COMMUNICATIONS EQUIPMENT BUILDING

The building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed and covering an area on the ground not greater than 200 square feet.

DATA COLLECTION UNIT (DCU)

Any ground-mounted structure that is designed and constructed primarily for the purpose of data collection, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes structures used to wirelessly read utility meters and for other remote monitoring purposes. For the purposes of this chapter, the term includes facilities that are not solely under the jurisdiction of the Pennsylvania Public Utility Commission, except where permitted by law. The term includes the structure and any supporting structures thereto.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

FCC

Federal Communications Commission.

MONOPOLE

A WCF or site which consists of a single pole wireless support structure, designed and erected on the ground or on top of a structure, to support antennas and connecting appurtenances.

NONTOWER WIRELESS COMMUNICATIONS FACILITY or NONTOWER WCF

All wireless communications facilities (WCFs) that are not tower-based, including, but not limited to, data collection units, antennas and related equipment. "Nontower WCF" shall include support structures for antennas and related equipment that is mounted to the ground or at ground-level. Other non-ground-mounted examples can include, but are not limited to, installation of a WCF on an existing utility pole, light pole, barn, church steeple, farm silo, water towers or other similar structures.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

Where related to wireless communication facilities, a modification to the physical dimensions of a tower or base station, as measured from the dimensions of the tower or base station, inclusive of any modifications approved prior to the passage of the Spectrum Act (effective February 22, 2012), if it meets any of the following criteria:

For tower-based WCFs outside of the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater;

For tower-based WCFs inside the public rights-of-way, and for all base stations, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;

For tower-based WCFs outside of the public rights-of-way, it protrudes from the edge of the existing tower by more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

For tower-based WCFs inside the public rights-of-way, and for all base stations, it protrudes from the edge of the existing tower, or wireless support structure, by more than six feet;

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

It entails any excavation or deployment outside the current permitted area of the existing tower-based WCF or base station;

It would defeat the existing concealment elements of the tower or base station; or

It does not comply with conditions associated with the prior approval of construction or modification of the tower-based WCF or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.

WIRELESS COMMUNICATIONS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. Not included are noncommercial antennas and towers (as defined).

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

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 land or property.

WIRELESS COMMUNICATIONS FACILITY, HEIGHT

The vertical distance measured from the base of a wireless communications facility support structure at the undisturbed grade to the highest point of the structure. If the wireless communications facility support structure is on a sloped grade, the average between the highest and lowest grades shall be used in calculating the height.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.

§ 430-133 Nontower wireless communication facilities.

General requirements for nontower wireless communication facilities (WCF). The following standards and regulations shall apply to all nontower wireless communications facilities, regardless of location:

(1)

Permitted in all zoning districts subject to regulations. Nontower WCFs are permitted by right in all zoning districts subject to the restrictions and conditions prescribed below and subject to the proper zoning and/or permits issued by the Borough. Applicants proposing installations on existing buildings or towers shall submit evidence of agreements and/or easements necessary to provide access to the existing building or tower so that installation and maintenance of the equipment can be accomplished.

(2)

Standard of design and care. Any nontower 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, Pennsylvania Construction Code Act and Regulations and National Electrical Code, and shall not affect pedestrian or vehicular traffic. Design certification from a Pennsylvania registered professional engineer is required to attest that the existing structure can adequately support the proposed equipment installation. Detailed construction and elevation drawings, indicating antenna locations and mounting design, shall be submitted by the applicant. 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.

(3)

Wind. Any nontower WCF structures shall be designed to withstand the effects of wind 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 (ANSFEINTIA-222-E Code, as amended).

(4)

Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.

(5)

Aviation safety. Non-tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety, and any applicable airport zoning regulations.

(6)

Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.

(7)

Historic buildings. Nontower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or on any property or structure which has been designated by the Borough as being of historic significance.

(8)

Removal. In the event that use of a nontower 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:

(a)

All abandoned or unused nontower 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 Borough.

(b)

If the nontower 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 Borough, the nontower 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.

(9)

Timing of approval. Within 30 calendar days of the date that an application for a nontower 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. Except as otherwise provided herein, the Borough shall make its final decision on whether to approve an application within 60 calendar days of receipt of such application and shall advise the applicant, in writing, of such 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 Borough's sixty-day review period.

(10)

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 nontower WCF.

(11)

Stealth technology/aesthetic impact. 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. The Borough Council retains the right to deny an application for the construction or placement of a nontower WCF based upon visual and/or land use impact.

Substantial change to nontower WCF. The following additional regulations shall also apply to all nontower wireless communication facilities that substantially change (see definitions) the physical dimensions of the WCF itself or the wireless support structure to which they are attached:

(1)

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.

(2)

Bond. Prior to the issuance of a permit, the owner of each individual nontower WCF may, at its own cost and expense, be required by the Borough to obtain (and maintain), from a surety licensed to do business in Pennsylvania, a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $25,000 for each individual nontower WCF, to assure the faithful performance of the terms and conditions of this section. 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 section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(3)

Timing of approval. Within 30 calendar days of the date that an application for a nontower 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. Within 90 calendar days of receipt of a complete application for a nontower WCF that constitutes a substantial change, the Borough shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such 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 Borough's ninety-day review period.

(4)

License and insurance. In addition, the applicant shall submit a copy of its current Federal Communications Commission (FCC) license; the name, address and emergency telephone number for the operator of the communications tower or antennas; and 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 communications tower or antenna.

(5)

If such nontower WCF that constitutes a substantial change is located outside the rights-of-way, then the following additional requirements shall apply:

(a)

Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:

[1]

The combined maximum height of the WCF and wireless support structure shall not exceed 125 feet.

[2]

If the 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.

[3]

A minimum eight-foot-high security fence shall surround any separate communications equipment building.

(b)

Design regulations.

[1]

Nontower 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.

[2]

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.

(c)

Removal, replacement, modification.

[1]

The removal and replacement of nontower 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 antennas.

[2]

Any material modification to a wireless communication facility shall require a prior amendment to the original permit or authorization.

(d)

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.

Nontower WCFs inside rights-of-way. In addition to the provisions above, if applicable, the following regulations shall also apply to all nontower wireless communication facilities located in the rights-of-way (ROW), regardless of whether they constitute a substantial change or not:

(1)

Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its nontower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Borough's approval.

(2)

Design requirements.

(a)

WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b)

Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c)

Compensation for ROW use. In addition to permit fees as described above, every nontower WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation 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 nontower WCF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Borough and authorized by resolution of Borough Council.

(3)

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[1]

[1]

Editor's Note: See 66 Pa. C.S.A. § 101 et seq.

(4)

Equipment location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately-owned lot.

(b)

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

(c)

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

(d)

Any graffiti on any wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(e)

Any underground vaults related to nontower WCFs shall be reviewed and approved by the Borough.

(f)

Nontower WCFs shall not be located within an easement other than a utility easement.

(g)

New ground-mounted cabinets shall not be installed aboveground directly in front of a residential structure.

(5)

Relocation or removal of facilities. Within 60 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 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 have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a)

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way.

(b)

The operations of the Borough or other governmental entity in the right-of-way.

(c)

Vacation of a street or road or the release of a utility easement.

(d)

An emergency as determined by the Borough.

(6)

Insurance. The Borough shall be named as an additional insured on all applicable insurance policies.

§ 430-134 Tower-based wireless communication facilities.

Tower-based wireless communications facilities (WCF) shall be required to meet the following standards and regulations:

(1)

Zoning districts. No tower-based WCF shall be located in a road right-of-way. Tower-based WCFs shall only be permitted within the I Industrial District of the Borough, and also upon any Borough-owned property in any zoning district subject to approval by Borough Council. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Borough 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 property uses, their occupants, pedestrians, or traffic.

(2)

Use on a lot. A tower-based WCF is 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.

(3)

Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another agricultural, 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 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.

(c)

Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district.

(4)

Co-location. An application for a new tower-based WCF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application 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 that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(5)

Standard of design and 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, the Uniform Construction Code (UCC), National Electric Safety Code, National Electric Code. Structure design certification from a Pennsylvania-registered professional engineer is required and the tower capacity shall be indicated. Detailed construction and elevation drawings, indicating antenna locations and mounting design, shall be submitted by the applicant. 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.

(6)

Design regulations.

(a)

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.

(b)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(c)

Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(7)

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard design by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.

(8)

Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations.

(9)

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Borough. 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.

(10)

Surrounding environs.

(a)

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.

(11)

Visual or land use impact. The Borough 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.

(12)

Fence/screen.

(a)

A security fence having a minimum height of eight feet shall completely surround any tower-based WCF or any building housing WCF equipment.

(b)

An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

(c)

The WCF applicant shall submit a landscape plan for review and approval by the Borough for all proposed screening.

(13)

Identification. All tower-based WCF's shall post a notice in a readily visible location, identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough.

(14)

Historic buildings or districts. No tower-based WCF may be located on a property or structure that is listed on either the National or Pennsylvania Registers of Historic Places or on any property or structure which has been designated by the Borough as being of historic significance.

(15)

Appearance. Towers shall be galvanized and/or painted with rust-preventive paint of an appropriate color to harmonize with the surroundings or otherwise designed to the satisfaction of Borough Council.

(16)

Accessory equipment.

(a)

Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or enclosed in a structure. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.

(b)

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.

(c)

The communications equipment building shall not exceed a maximum footprint of 200 square feet. No building may be used as an office or as a broadcast studio. Employees are permitted to visit the site as often as necessary for maintenance and inspection of the building and facility. No building may be used for long term vehicle storage or for other storage.

(17)

Additional antennas. 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 antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining written approval of the Borough.

(18)

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.

(19)

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCF's, generate radio frequency emissions in excess of the standards and regulations of the FCC.

(20)

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. Noise generated shall not result in a nuisance to residential properties.

(21)

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety, and any applicable airport zoning regulations.

(22)

Bond. Prior to the issuance of a permit, the owner of a tower-based 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, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this article. 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 article, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

(23)

License and insurance. In addition, The applicant shall submit a copy of its current Federal Communications Commission (FCC) license; the name, address and emergency telephone number for the operator of the tower-based WCF or antennas; and 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 tower-based WCF, antenna, and related facilities.

(24)

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.

(25)

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 pursuant to a fee schedule adopted and as amended from time to time by the Borough Council.

(26)

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 section. 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.

(27)

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 chapter.

(28)

Maintenance. The following maintenance requirements shall apply:

(a)

Any tower-based 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 Borough's residents.

(c)

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(29)

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section 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.

(30)

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:

(a)

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Borough.

(b)

If the WCF and/or accessory facility is not removed within 12 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.

(c)

Any unused portions of tower-based WCFs, including antennas, shall be removed within 12 months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

§ 430-135 Special regulations applicable to streetscapes improvements.

The following limitations are placed upon any type of wireless communications facilities proposed to be installed in any fashion within the right-of-way of Route 41, within the sidewalks along Route 41 and within such adjacent areas which have been improved by, or slated to be improved by, any government funded streetscapes improvement project. Such funds have been utilized to construct streetscape improvements, including sidewalks and streetlamps, to improve the overall appearance of the Borough, and such improvements will continue to be made. To allow facilities to be installed which would detract from the improvement streetscape appearance and which are not part of the Borough's overall planning would be in direct contradiction to the Borough's planning and design process. Thus, the following additional regulations are applicable to any and all proposed wireless communications facilities along the Route 41 corridor within the Borough:

Any proposed wireless communications facilities shall be designed and situated to complement and enhance existing streetscape improvements.

Nontower wireless communications facilities may be permitted, provided the installation of such facilities shall not detract from the existing streetscape improvements and shall only be installed if designed to complement and add to the streetscape. The determination of such compatibility shall be within the sole discretion of Borough Council.

§ 430-136 Timing of approvals and compliance with state and federal law.

Timing of approvals. Applications for installation of any and all wireless communications facilities shall be processed in a timely manner and in compliance with the required time frames for municipal review and action as established by state and federal law and regulations.

Permit fees. The Borough may assess appropriate, fair and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing applications for approval of wireless communications facilities as set forth in fee schedules established by the Borough.

Consistency with state and federal laws and regulations. The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances. In which case, the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.