Standard of care. All telecommunications antennas 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 Pennsylvania Uniform Commercial Code, American National Standards Institute (ANSI) Code, and the National Electrical Code. Any telecommunications antennas 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 nor damage any property in the City.

Permitted in all zoning districts pursuant to regulation. Telecommunications antennas are permitted pursuant to this article in all zoning districts, so long as they comply with all of the terms and conditions of this article.

Historic areas. No telecommunications antenna may be located upon any property or upon a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places (either inside of or out of the public rights-of-way), or that is deemed by the City to be of specific historical significance.

Wind. All telecommunications antennas 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 American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222, as amended).

Aviation safety. Telecommunications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications and other communications services. Telecommunications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A telecommunications antenna shall not, by itself or in conjunction with other telecommunications antennas and/or telecommunications towers, 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.

Removal. In the event that use of a telecommunications antenna is discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned telecommunications antennas or portion of telecommunications antennas shall be removed as follows:

Insurance. Each person who owns or operates a telecommunications antenna shall provide the City with a certificate of insurance, naming the City as an additional insured, and 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 telecommunications antenna.

Indemnification. Each person who owns or operates a telecommunications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the City, 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 telecommunications antenna. Each person who owns or operates a telecommunications antenna shall defend any actions or proceedings against the City 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 telecommunications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney's fees, reasonable expert fees, court costs and other costs of indemnification.

To the extent permitted by law, the following maintenance requirements shall apply:

Removal, replacement and modification.

Permit required. Telecommunications antenna applicants proposing the modification of an existing telecommunications tower, which does not substantially change the dimensions of the existing structure, shall obtain a building permit from the City. In order to be considered for such permit, the applicant must submit a permit application to the City in accordance with applicable permit policies and procedures.

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a telecommunications antenna is filed with the City, the City shall notify the 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 City shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 100 feet of a lot in residential use or zoned residential.

Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a telecommunications antenna or $1,000, whichever is less.

Prohibited on certain structures. No telecommunications antenna shall be located on single-family residences, duplexes or townhouses.

Retention of experts. The City may hire any consultant(s) and/or expert(s) necessary to assist the City in reviewing and evaluating the application for approval of the telecommunications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these telecommunications antenna provisions. The applicant and/or owner of the telecommunications antenna shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a telecommunications antenna, as well as related inspection, monitoring and all other related costs.

Development regulations. Telecommunications antenna shall be co-located on existing wireless support structures, subject to the following conditions:

Security fence. A security fence with a maximum height of eight feet shall surround the separate communications equipment building. Vehicular access to the communications equipment building or any structure housing related equipment shall not interfere with the parking or vehicular circulations on the site for the principal use.

Noncommercial usage exemption. City residents utilizing satellite dishes and antenna for the purpose of maintaining television, phone, radio and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in the this section of the chapter. Amateur radio operators are exempt from the regulations enumerated in this article.

Design regulations. Telecommunications antennas 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 chosen by the applicant shall be subject to the approval of the City.

Inspection. The City reserves the right to inspect any telecommunications antenna to ensure compliance with the provisions of this chapter and any other provisions found within the City Code of Ordinances or state or federal law. The City and/or its agents shall have the authority to enter the property upon which the telecommunication antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Co-location. Telecommunications antennas 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 applicant, with the City's approval, shall locate its telecommunication antennas on existing poles or freestanding structures that do not already act as wireless support structures.

Conditional use approval required. Any applicant proposing the construction of a new telecommunication antenna, or modification of an existing telecommunication antenna, shall first obtain conditional use approval from the City. New constructions, modifications, and replacements that fall under the WBCA or the applicable provisions of the FCC's October 2014 Report and Order shall not be subject to the conditional use approval process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

Design requirements:

Time, place and manner. The City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all telecommunications antennas 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 power of the City and the requirements of the Public Utility Code.[1]

Equipment location. Telecommunications antennas and related 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 City. In addition:

Relocation or removal of facilities. Within two months following written notice from the City, or such longer period as the City determines is reasonably necessary, or such shorter period in the case of an emergency, the owner of the telecommunications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunication antenna when the City, 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:

Standard of care. Any telecommunications tower 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 Pennsylvania Uniform Commercial Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, telecommunication towers shall 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 City.

Notice. Upon submission of an application for a telecommunications tower and the scheduling of the mandatory public hearing in front of the City Council of the City of DuBois, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the City.

Conditional use authorization required. Telecommunications towers are permitted by conditional use in commercial and industrial zoning districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed telecommunications tower is the minimum height necessary for its service area.

Engineer inspection. Prior to the City's issuance of a permit authorizing construction and erection of a telecommunications tower, a structural engineer registered in Pennsylvania shall issue to the City a written certification of the proposed telecommunications tower'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. The certification shall be provided during the conditional use hearing before the City Council of the City of DuBois or, at a minimum, be made as a condition attached to any approval given, such that the certification be provided prior to issuance of any building permits.

Visual appearance. Telecommunications towers shall employ stealth technology. All telecommunications towers and related 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 surrounding and neighboring buildings to the greatest extent possible. The City Council shall refer the request for a conditional use to the City's Planning Commission to consider whether the City's decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the communities; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principals, practices and techniques. Any utilities extending to the telecommunications tower shall be placed underground.

Co-location and siting. An application for a new telecommunications tower shall demonstrate that the proposed telecommunications tower cannot be accommodated on an existing or approved structure or building or on land owned by the City of DuBois. The City Council may deny an application to construct a new telecommunications tower if the applicant has not made a good faith effort to mount the telecommunications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4-mile radius of the site proposed; sought permission to install a telecommunications antenna on those structures, buildings and towers; and was denied for one of the following reasons:

Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of the existing telecommunications tower, which increases the overall height of such wireless support structure, shall first present a copy of the plans for such modification to the Planning Commission of the City of DuBois before obtaining a building permit from the City. Nonroutine modifications shall be prohibited without prior recommended approval from the City Planning Commission and the subsequent building permit.

Gap in coverage or capacity. An applicant for a telecommunications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of telecommunications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the decision of the City Council on an application for approval of telecommunications tower as a conditional use.

Additional telecommunications antennas. As a condition of approval for all telecommunications towers, the WCF applicant shall provide the City with a written commitment that it will allow other service providers to co-locate telecommunications antennas on telecommunications towers where technically and economically feasible.

Wind. Any telecommunications tower 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 American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.

Height. Any telecommunications tower shall be designed at the minimum functional height. The maximum height of any new telecommunications tower outside the public rights-of-way shall be 175 feet. Telecommunications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.

Related equipment. Either a one single-story wireless communications equipment building not exceeding 250 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 space on the telecommunications tower.

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

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. A telecommunications tower shall not, by itself or in conjunction with other telecommunications towers or telecommunications antennas, 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.

Historic buildings or districts. No telecommunications tower may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public right-of-way) or that is deemed by the City to be of local historic significance.

Signs. All telecommunications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the telecommunications tower shall be those required by the FCC or any other federal or state agency.

Lighting. No telecommunications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Automatic lighting is prohibited; all lighting must be controlled manually by an on-site switch. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City Manager.

Noise. Telecommunications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the ordinances of the City of DuBois, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Telecommunications towers shall comply with all federal and state laws and regulations concerning aviation safety.

Retention of experts. The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the application for approval of the telecommunications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the telecommunications tower shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval. Within 30 calendar days of the date that an application for a telecommunications tower is filed with the City, the City shall notify the applicant in writing of any information that may be required to complete such application. All applications for telecommunications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such telecommunications towers, and the City shall advise the applicant in writing of its decision. If additional information was requested by the City to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

Nonconforming uses. Nonconforming telecommunications towers 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.

Removal. In the event that use of a telecommunications tower is planned to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned telecommunications towers or portions of telecommunication towers shall be removed as follows:

Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a telecommunications tower, as well as related inspection, monitoring and related costs.

FCC license. Each person who owns or operates a telecommunications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address and emergency telephone number for the operator of the facility.

Insurance. Each person who owns or operates a telecommunications tower greater than 40 feet in height shall provide the City with a certificate of insurance, naming the City as an additional insured and 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 telecommunications tower. Each person who owns or operates a telecommunications tower 40 feet or less in height shall provide the City with the certificate of insurance, naming the City as an additional insured and 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 telecommunications tower.

Indemnification. Each person who owns or operates a telecommunications tower shall, at his sole cost and expense, indemnify, defend and hold harmless the City, 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 telecommunications tower. Each person who owns or operates a telecommunications tower shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the telecommunications tower. 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.

Engineer signature. All plans and drawings for a telecommunications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Financial security. Prior to receipt of conditional use approval and a building permit for the construction or placement of a telecommunications tower, the applicant shall provide to the City financial security sufficient to guarantee the construction of the telecommunications tower. Said financial security shall remain in place until the telecommunications tower is fully constructed. Should the telecommunications towers be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the City shall have the authority to remove the telecommunications tower and sell all of its pieces, as well as related equipment used in the operation of the telecommunications tower, in order to recover the cost of said removal.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen.

Related equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to telecommunications towers. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the telecommunications tower owner shall present documentation to the City that the property owner has granted an easement for the proposed facility.

Parking. For each telecommunications tower greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The City reserves the right to inspect any telecommunications tower to ensure compliance with this chapter, any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the property upon which a telecommunications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Location and development standards:

Time, place and manner. The City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all telecommunications towers 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 City and the requirements of the Public Utility Code.[1]

Equipment location. Telecommunications towers and related 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 City. In addition:

Design regulations.

Relocation or removal of facilities. Within 60 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a telecommunications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications tower when the City, 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:

Reimbursement for ROW use. In addition to permit fees as described in this section, every telecommunications tower in the ROW is subject to the City'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 City'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 City. The owner of each telecommunications tower shall pay an annual fee(s) to the City to compensate the City for the City's costs incurred in connection with the activities described above.