Ellwood City City Zoning Code
CHAPTER 1272
Supplementary Regulations
1272.01 EXISTING LOTS OF RECORD.
(a) Any lot of record existing on the effective date of this Zoning Code, and held in separate ownership, may be used in conformity with the use regulations of this Zoning Code even though its dimensions are less than the minimum requirements of this Zoning Code, except as may be otherwise set forth in this Zoning Code.
(b) Where two or more adjacent lots each have dimensions less than the requirements of this Zoning Code, they may be combined to be used as a single lot for development following the requirements of this Zoning Code.
(Ord. 2210. Passed 4-21-97.)
1272.02 APPLICATION OF YARD REQUIREMENTS.
(a) Lots that abut on more than one street shall provide the required front yard along every street.
(b) No structure, whether attached to a principal structure or not, and whether open or enclosed, including porches, decks, carports, balconies and platforms above normal grade level, shall project into any minimum front, side or rear yard.
(c) Paved terraces without walls, roofs, retaining walls or other enclosures may be constructed within the limits of any yard.
(d) Nonresidential buildings hereafter constructed or uses hereafter established shall not be located or constructed closer to any lot line, in or adjacent to any Residential District, than the distance specified in the following schedule:
Use | Minimum Side or Rear Yard (ft.) |
Off-street parking spaces and access drives for nonresidential uses | 10 |
All other nonresidential uses or structures | 20 |
(e) In any district where a structure exists on an adjacent lot having a front yard greater or less than the minimum depth required, the minimum depth of the front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth of the front yard required for the district. Where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yard of the two existing adjacent structures. For the purpose of this subsection, the front line of an existing building shall be the front line of the structure including front porches.
(f) The location of accessory buildings shall conform to side yard requirements and shall be no less than five feet from any rear lot line.
(Ord. 2210. Passed 4-21-97.)
1272.03 TEMPORARY STRUCTURES.
Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in process. Permits for temporary structures shall be issued for a six-month period.
(Ord. 2210. Passed 4-21-97.)
1272.04 RESIDING IN BASEMENT OR FOUNDATION STRUCTURES.
Residing in basement or foundation structures before completion of the total structure shall not be permitted.
(Ord. 2210. Passed 4-21-97.)
1272.05 EXEMPTIONS FROM HEIGHT LIMITATIONS.
The following structures are exempt from height regulations, provided they do not constitute a hazard to an established airport: television and radio towers, church spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks and similar structures.
(Ord. 2210. Passed 4-21-97.)
1272.06 PERFORMANCE STANDARDS.
No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or person in the Borough.
(Ord. 2210. Passed 4-21-97.)
1272.07 MOBILE HOMES AND MOBILE HOME PARKS.
(a) Individual mobile homes may be permitted by the Zoning Hearing Board in the B- Residential District as a special exception, provided that they comply with all the requirements of the Ellwood City Borough Mobile Home Specifications, as approved by resolution of Council from time to time.
(b) Due to the limited amount of developable land in the Borough, mobile home parks shall not be permitted in order that the remaining land can be developed to its highest and best use. (Ord. 2210. Passed 4-21-97.)
1272.08 WATER RECREATION AND STORAGE AREAS.
Any facility for water recreation, such as private swimming pools, swimming clubs and commercial fishing ponds, or any such water storage facility such as reservoirs, fish hatcheries, sewage lagoons and farm ponds, shall comply with the following provisions:
(a) The facility must meet the front, side and rear yard requirements for the applicable district.
(b) Before a permit shall be issued to the operator or owner of the facility, a plan shall be approved by the Planning Commission as to the size of the facility, its proposed use, parking arrangements, the use of buildings on the site, surrounding properties and their usage, and any other pertinent information, such as fences.
(c) Regardless of any other provision of this Zoning Code, such uses shall be enclosed by a fence as may be approved by the Building Inspector, which fence shall not be less than five feet in height. (Ord. 2210. Passed 4-21-97.)
1272.09 MINERAL EXCAVATIONS.
Excavations of sand, gravel, coal, oil, gas or other material from the ground shall be considered a temporary use and may be permitted in the districts as a Conditional Use if approved by the Borough Council. All mineral excavations shall comply with the following minimum requirements and any other measures that the Borough Council might specify to protect the public interest. A zoning certificate shall be required for each property.
(a) All operations must be conducted no closer than 200 feet to an adjacent property, unless under common lease or ownership, and no closer than 100 feet to any road right of way.
(b) All operations must be conducted no closer than 200 feet to an existing dwelling, school, hospital or similar residential use.
(c) The operator shall file with the Council a plan showing the location of adjacent properties, roads and natural features.
(d) Except for oil and gas extraction, the operator shall submit to the Borough Council a plan for the restoration of the area to be mined, which Plan shall include anticipated future use of the restored land and shall indicate the proposed final topography by contour lines of intervals that are not greater than five feet, steps which will be taken to conserve the topsoil, and the location of future roads, drainage courses or other improvements contemplated.
(Ord. 2210. Passed 4-21-97.)
1272.10 JUNKYARDS AND SIMILAR STORAGE AREAS.
All junkyards shall be completely screened from roads or developed areas with a solid fence or wall eight feet or more in height, maintained in good condition and painted (except for masonry construction), with suitable planting. All existing junkyards shall comply with this requirement within one year of the date of this Zoning Code or shall terminate their operation.
(Ord. 2210. Passed 4-21-97.)
1272.11 SANITARY LANDFILL AREAS.
Plans for sanitary landfill areas shall be in harmony with existing surrounding uses, and the opinion of the State Department of Environmental Resources concerning proper drainage, cover and the operation as a whole shall be provided by the applicant to the Zoning Hearing Board in accordance with the Pennsylvania Solid Waste Management Act (Act 241), as amended.
(Ord. 2210. Passed 4-21-97.)
1272.12 HOME OCCUPATIONS.
A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. As a special exception, a home occupation shall require the authorization of the Zoning Hearing Board and shall comply with the following conditions:
(a) The home occupation shall be subsidiary and subordinate to the principal use of the residential unit.
(b) The use shall be located in the principal dwelling and shall not occupy more than thirty percent of the gross floor area.
(c) The home occupation shall be carried out by members of the family residing in the dwelling; unit, with no other employees.
(d) There shall be no exterior signs or displays, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential characteristics of the dwelling and premises.
(e) No offensive odors, vibrations, smoke, dust, heat, glare or noise shall be produced.
(f) There shall be no commodity sold which is produced elsewhere than on the premises, except those that are clearly incidental to the home occupation.
(g) Home occupations may include, but not be limited to, studios of artists, teaching with musical instruments (limited to one student at a time) and home offices of an architect, engineer, computer service technician or consultant, medical doctor or attorney (with no employees).
(h) Home occupations shall not be interpreted to include, for instance, commercial stables and kennels or automotive and body repair services.
(Ord. 2210. Passed 4-21-97.)
1272.13 COMMUNICATIONS TOWERS AND ANTENNAS AS SPECIAL EXCEPTIONS.
The following standards shall apply to communications towers and antennas as special exceptions:
(a) An applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower, if applicable, and communications antennas.
(b) The applicant shall demonstrate that the proposed communications tower and the communications antennas proposed to be mounted thereon comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(c) Communications towers shall comply with all applicable Federal Aviation Administration (FAA), State Bureau of Aviation and applicable airport zoning regulations.
(d) Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1) The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3) Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4) The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(5) A commercially reasonable agreement could not be reached with the owners of such structures.
(e) Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of twenty feet in width and shall be improved to a width of at least ten feet with a dust-free, all-weather surface for its entire length.
(f) A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(g) Recording of a plat of subdivision or land development shall be required for a leased parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
(h) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(i) In all zoning districts, except I (Industrial) Districts, the maximum height of any communications tower shall be 150 feet, provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. In the I (Industrial) District, the maximum height of any communications tower shall be 180 feet.
(j) The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any Residential District at least 100 feet and shall be set back from any other property line (not lease line) at least fifty feet.
(k) The base of any communications tower shall be landscaped so as to screen the foundation and base and the communications equipment building from abutting properties.
(l) The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure.
(m) The applicant shall submit certification from a state-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Borough's Building Code.
(n) The applicant shall submit a copy of its current FCC license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in a minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in a minimum amount of one million dollars ($1,000,000) per occurrence, covering the communications tower and communications antennas.
(o) All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(p) The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
(q) No signs or lights shall be mounted on a communications tower, except as may be required by the FCC, the FAA or other governmental agency which has jurisdiction.
(r) Communications towers shall be protected and maintained in accordance with the requirements of the Borough's Building Code.
(s) If a communications tower remains unused for a period of twelve consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(t) One off-street parking space shall be provided within the fenced-in area.
(Ord. 2234. Passed 7-13-98.)
1272.14 GROUP HOMES AS A SPECIAL EXCEPTION.
The following standards shall apply to group homes as special exceptions.
(a) The minimum area and bulk regulations for a group home or care facility shall be the same as those required for all uses in the zoning district in which the facility is located.
(b) No group home or care facility shall be established within 1,000 feet of another group home or care facility.
(c) A twelve foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
2016 Replacement
(d) Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency.
(e) Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs. All open space areas shall be secured by a fence with a self -latching gate.
(f) When applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Borough Zoning Office in January of each year.
(Ord. 2523. Passed 8-15-16.)
1272.15 GROUP CARE FACILITY (YOUTH/ADULT) AS A SPECIAL EXCEPTION.
The following standards shall apply to group care facility (youth/adult) as special exceptions:
(a) The minimum area and bulk regulations for a group care facility shall be the same as those required for all uses in the zoning district in which the facility is located.
(b) A group care facility shall have direct vehicular access to an arterial or collector road as defined by this chapter.
(c) No group care facility shall be established within 1,000 feet of another group care facility.
(d) A twelve foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
(e) Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency.
(Ord. 2523. Passed 8-15-16.)
1272.16 PEDESTRIAN DOMINANT USES AS A CONDITIONAL USE.
The following standards shall apply to pedestrian dominant uses as a conditional use: Land uses may not exceed one hundred fifty percent of the maximum dimensional standards as put forth by this chapter.
(Ord. 2523. Passed 8-15-16.)
1272.17 BANKS AND FINANCIAL SERICES AS A CONDITIONAL USE.
The following standards shall apply to banks and financial services as a conditional use: No drive-thru facilities shall be permitted at banks and financial service establishments within the Core Commercial District.
(Ord. 2523. Passed 8-15-16.)
1272.18 CULTURAL AND RECREATIONAL SERVICES AS A CONDITIONAL USE.
The following standards shall apply to cultural and recreational services as a conditional use: In order to ensure that any proposed development does not create adverse conditions to the public right-of-way, a traffic impact study, in accordance with the Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak hours.
(Ord. 2523. Passed 8-15-16.)
1272.19 THEATERS AS A CONDITIONAL USE.
The following standards shall apply to theaters as a conditional use: In order to ensure that any proposed development does not create adverse conditions to the public right-of-way, a traffic impact study, in accordance with the Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak hours.
(Ord. 2523. Passed 8-15-16.)
1272.20 COMMERCIAL RECREATION AS A CONDITIONAL USE.
The following standards shall apply to commercial recreation as a conditional use:
(a) Within the Core Commercial District, the recreational activity space must be located on the non-ground floor of the building.
(b) Activities in the space may not obstruct the function or vitality of an adjacent business or residential dwelling.
(Ord. 2523. Passed 8-15-16.)
1272.21 OFF-STREET PARKING LOTS AS A CONDITIONAL USE.
The following standards shall apply to off-street parking lots as a conditional use:
(a) Ingress and egress points must be located on side streets, not main thoroughfares.
(b) Parking spaces must be oriented and angled so that vehicle lights do not shine directly into establishments, residents, or cause driving hazards for other drivers, in compliance with subsection (c).
(c) All off-street parking lots shall have a bufferyard between the parking spaces and right-of-way. This bufferyard shall be a minimum of three feet tall, be at least eighty percent opaque, and may be comprised of landscaping, fencing, or a structure, or a combination of these. If a structure or fence, the more finished side shall face the right-of-way.
(Ord. 2523. Passed 8-15-16.)
1272.22 FLEX SPACE AS A CONDITIONAL USE.
The following standards shall apply to flex space as a conditional use:
(a) Within the Core Commercial District, the flex space must be located on the non-ground floor of the building.
(b) Activities in the space may not obstruct the function or vitality of an adjacent business or residential dwelling.
(Ord. 2523. Passed 8-15-16.)
1272.23 MULTI-FAMILY DWELLINGS AS A CONDITIONAL USE.
The following standards shall apply to multi-family dwellings as a conditional use:
(a) The dwellings must be located on the non-ground floor of the building.
(b) The access point to the dwellings shall not be through a ground floor establishment.
(Ord. 2523. Passed 8-15-16.)
1272.24 SOCIAL SERVICES AS A CONDITIONAL USE.
The following standards shall apply to social services as a conditional use: The facility shall not be located within 300 feet of another social services facility.
(Ord. 2523. Passed 8-15-16.)
1272.25 TRANSPORTATION SERVICES AS A CONDITIONAL USE.
The following standards shall apply to transportation services as a conditional use: Parking spaces must be oriented and angled so that vehicle lights do not shine directly into establishments, residents, or cause driving hazards for other drivers.
(Ord. 2523. Passed 8-15-16.)
1272.26 VETERINARY CLINIC AS A CONDITIONAL USE.
The following standards shall apply to veterinary clinic as a conditional use:
(a) Animal holding areas shall be within an enclosed building.
(b) There shall be no overnight animal housing unless deemed necessary by the licensed veterinarian.
(c) The clinic shall not serve as a kennel.
(Ord. 2523. Passed 8-15-16.)
1272.27 MULTI-FAMILY DWELLING-DUPLEX AS A CONDITIONAL USE.
The following standards shall apply to multi-family dwelling - duplex as a conditional use:
(a) Parking shall be provided on the same lot upon which the dwelling is located.
(b) Parking shall not be oriented in the front lawn of the lot.
(c) In order to ensure that any proposed development does not create adverse conditions to the public right-of-way, a traffic impact study, in accordance with the Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak hours.
(Ord. 2523. Passed 8-15-16.)
1272.28 SINGLE-FAMILY DWELLING AS A CONDITIONAL USE.
The following standards shall apply to single-family dwelling as a conditional use:
(a) Parking shall be provided on the same lot upon which the dwelling is located.
(b) In order to ensure that any proposed development does not create adverse conditions to the public right-of-way, a traffic impact study, in accordance with the Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak hours.
(Ord. 2523. Passed 8-15-16.)
1272.29 AUTOMOBILE DOMINANT LAND USES AS A CONDITIONAL USE.
The following standards shall apply to automobile dominant land uses as a conditional use:
(a) Principal structure GFA shall not exceed 20,000 square feet.
(b) Off-street parking spaces shall not be located within ten feet of the public right-of-way.
(Ord. 2523. Passed 8-15-16.)
1272.30 MEDICAL PRACTICE/CLINIC, LARGE SCALE AS A CONDITIONAL USE.
The following standards shall apply to medical practice/clinic, large scale as a conditional use:
(a) The medical clinic shall not allow overnight treatment or stay of patients.
(b) If the medical clinic dispenses dolophine opioid analgesics or similar rehabilitation medications, the treatment must be performed on-site, and the patient shall remain at the facility until the temporary treatment is complete and the patient is deemed able to function in public.
(Ord. 2523. Passed 8-15-16.)
1272.31 HOSPITAL AS A CONDITIONAL USE.
The following standards shall apply to hospital as a conditional use: In order to ensure that any proposed development does not create adverse conditions to the public right-of-way, a traffic impact study, in accordance with the Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak hours.
(Ord. 2523. Passed 8-15-16.)
1272.32 GREEN GROCER AS A CONDITIONAL USE.
The following standards shall apply to green grocer as a conditional use:
(a) A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
(b) No outdoor storage of products or equipment shall be permitted on the lot.
(Ord. 2523. Passed 8-15-16.)
1272.33 HARDWARE/VARIETY/DEPARTMENT STORE AS A CONDITIONAL USE.
The following standards shall apply to hardware/variety/department store as a conditional use:
(a) A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
(b) No outdoor storage of products or equipment shall be permitted on the lot.
(Ord. 2523. Passed 8-15-16.)
1272.34 HOTEL/MOTEL.
The following standards shall apply to hotel/motel as a conditional use:
(a) Drop-off/temporary parking areas shall remain free and clear of obstructions for general safety and fire department access.
(b) A twelve foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
(c) Service of meals and/or beverages (alcoholic/non-alcoholic) must be secondary to the principal use of room or suite rental.
(d) Secondary eating establishments serving alcoholic beverages or secondary bars or nightclubs must be licensed by the Pennsylvania Liquor Control Board.
(e) The owner(s)/operator(s) of a hotel/motel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.
(Ord. 2523. Passed 8-15-16.)
1272.35 COMPATIBLE USES NOT OTHERWISE LISTED.
The following standards shall apply to compatible uses not otherwise listed as a conditional use. A land use not expressly delineated as a permitted use, conditional use, or special exception maybe permitted as a conditional use upon the applicant's demonstration that the proposed use impacts the neighborhood and adjacent streets, circulation and lots equal to or less than any use specifically listed in the Zoning District. In making such determination, the following characteristics shall be considered:
(a) The number of employees;
(b) The floor area of the building or gross area of the lot devoted to the proposed use;
(c) The type of products, materials, equipment and/or processes involved in the proposed use;
(d) The magnitude of walk-in trade; and
(e) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this chapter.
(Ord. 2523. Passed 8-15-16.)
1272.36 DEFINITIONS.
(a) 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 as defined below.
(b) Co-location - the mounting of one or more WCFs, including antennae, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
(c) 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.
(d) Emergency - a condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public, or has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
(e) FCC - Federal Communications Commission.
(f) Height of a Tower-Based WCF - the vertical distance measured from the ground level including any base pad, to the highest point on a Tower-Based WCF, including antennae mounted on the tower and any other appurtenances.
(g) Monopole - a WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.
(h) Non-Tower Wireless Communications Facility (Non-Tower WCF) - all non-tower wireless communications facilities, including but not limited to, antennae and related equipment. Non-Tower WCF shall not include support structures for antennae or any related equipment that is mounted to the ground or at ground-level.
(i) Related Equipment - any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, Related Equipment includes generators and base stations.
(j) Stealth Technology - camouflaging methods applied to wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
(k) Substantially Change or Substantial Change -
(1) Any increase in the height of a wireless support structure by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennae; or
(2) Any further increase in the height of a wireless support structure which has already been extended by more than ten percent of its originally approved height or by the height of one additional antenna array.
(l) Tower-Based Wireless Communications Facility (Tower-Based WCF) - any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCF.
(m) WBCA - Pennsylvania Wireless Broadband Collocation Act (53 P.S. §11702.1 et. seq.)
(n) Wireless - transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
(o) Wireless Communications Facility (WCF) - the antennae, 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.
(p) Wireless Communications Facility Applicant (WCF Applicant) - any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough owned land or property.
(q) Wireless Support Structure - a freestanding structure, such as a tower-based wireless communications facility or any other support structure that is constructed primarily to support the placement or installation of a wireless communications facility if approved by the Borough.
(Ord. 2523. Passed 8-15-16.)
1272.37 PURPOSES AND FINDINGS OF FACT.
(a) The purpose of this subchapter (Sections 1272.36 through 1272.41) is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Borough of Ellwood City (referred to herein as the “Borough”). While the Borough recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(b) By enacting these provisions, the Borough intends 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) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;
(3) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;
(4) Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;
(5) 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;
(6) Promote the health, safety and welfare of the Borough’s residents.
(Ord. 2523. Passed 8-15-16.)
1272.38 GENERAL AND SPECIFIC REQUIREMENTS FOR NON-TOWER WIRELESS COMMUNICATIONS FACILITIES.
(a) The following regulations shall apply to all non-tower WCF.
(1) Permitted in all zones as an accessory use subject to regulations. Non-Tower WCF are permitted in all zones as an accessory use subject to the
restrictions and conditions prescribed below and subject to applicable permitting by the Borough.
(2) Non-conforming Wireless Support Structures. Non-tower WCF shall be permitted to co-locate upon non-conforming tower-based WCF and other non-conforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.
(3) Non-commercial usage exemption. Borough residents utilizing satellite dishes and antennae for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the zoning ordinance.
(4) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(5) Wind. All non-tower WCF structures shall be designed to withstand the effects of wind gusts of at least one hundred 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/TIA-222, as amended).
(6) Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(7) Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(8) Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
(9) 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 WCF or potions of WCF shall be removed as follows:
A. 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.
B. 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.
(10) 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 one million dollars ($1,000,000) per occurrence and property damage coverage in the minimum amount of one million dollars ($1,000,000) per occurrence covering the non-tower WCF. The Borough shall be named as an additional insured and shall be provided of proof of such insurance on an annual basis.
(11) 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 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. 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.
(12) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
A. The non-tower 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.
(b) The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached and/or fall under the Pennsylvania Wireless Broadband Collocation Act:
(1) Permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
(2) Timing of approval for applications that fall under the WBCA. Within thirty 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 sixty 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 timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.
(3) Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within fifty feet of a lot in residential use or zoned residential.
(4) 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 or one thousand dollars ($1,000), whichever is less.
(c) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act.
(1) Prohibited on Certain Structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
(2) Special Exception Required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a special exception from the Borough Zoning Hearing Board. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the special exception process. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in the Ellwood City Zoning Ordinance and shall be submitted by the applicant to the Ellwood City Borough Zoning Hearing Board.
(3) Historic Buildings. No non-tower WCF 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, 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.
(4) 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 these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough’s consultant(s) in providing expert evaluation and consultation in connection with these activities.
(5) 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, as well as related inspection, monitoring and related costs.
(6) Development Regulations. Non-tower WCF shall be located on Borough-owned poles, structures, and land to the greatest extent possible. If such location is not economically or practically feasible, non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:
A. The total height of any wireless support structure and mounted WCF shall not exceed twenty feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.
B. In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.
C. 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.
D. A security fence having a minimum height of six feet and a maximum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(7) Design Regulations. Non-tower WCF 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 WCF applicant shall be subject to the approval of the Borough.
(8) Removal, Replacement and Modification.
A. The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennae.
B. Any material modification to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.
(9) Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the zoning ordinance 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.
(d) Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the non-tower WCF provisions listed in this Section 1272.38, the following regulations shall apply to non-tower WCF located in the public rights-of-way:
(1) Location. Non-tower WCF in the ROW shall be located on existing poles owned by the Borough. If such location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that are not owned by the Borough.
(2) Design requirements.
A. WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and Borough-owned 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. Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF 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.
(4) Related equipment location. Non-tower WCFs 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 Borough. In addition:
A. In no case shall ground-mounted related equipment, walls, or landscaping be located within eighteen inches of the face of the curb or within an easement extending onto a privately-owned lot;
B. Ground-mounted related equipment that cannot be placed underground 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 the screened to blend in with the surrounding area to the satisfaction of the Borough.
D. Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.
E. Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Borough.
(5) Relocation or removal of facilities. Within sixty 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; or
D. An emergency as determined by the Borough.
(Ord. 2523. Passed 8-15-16.)
1272.39 GENERAL AND SPECIFIC REQUIREMENTS FOR ALL TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES.
(a) The following regulations shall apply to all tower-based wireless communications facilities.
(1) Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the 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.
(2) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Borough.
(3) Special Exception Required. Tower-based WCF are permitted by special exception, at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF 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 WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
A. Prior to the Zoning Hearing Board’s approval of a special exception authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant’s service area and that no other viable alternative location exists.
B. The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
C. The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
D. Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
E. The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.
F. In determining the location of a proposed tower-based WCF, preference shall be given to municipally-owned property on the northern and southern ends of the Borough.
(4) Engineer Inspection. Prior to the Borough’s issuance of a permit authorizing construction and erection of a tower-based WCF, the applicant shall employ a Pennsylvania-registered structural engineer to issue to the Zoning Hearing Board a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association. Such engineer shall also certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception proceedings, 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.
(5) Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Borough Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCF 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 surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(6) Co-location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned by the Borough of Ellwood City. The Borough Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
A. The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
B. The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
C. Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
D. A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(7) Permit Required for Modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Borough. Non-routine modifications and modifications that substantially change the wireless support structure shall be prohibited without a permit.
(8) Gap in Coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity 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. The existence or non-existence of a gap in wireless coverage shall be a factor in the Borough Zoning Hearing Board's decision on an application for approval of tower-based WCF.
(9) Additional Antennae. As a condition of approval for all tower-based WCF, 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 WCF where technically and economically feasible. To the extent permissible by law, the owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Borough.
(10) 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 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).
(11) Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed more than 200 feet in height. tower-based WCF sited in the public rights-of-way shall not exceed forty feet in height.
(12) Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding ten feet by twenty feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(e) space on the tower-based wireless communications facility.
(13) 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.
(14) 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 WCF in order to promote the safety and security of the Borough's residents, and utilize the best available technology for preventing failures and accidents.
(15) Radio Frequency Emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
(16) Historic Buildings or Districts. A tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough.
(17) 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. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(18) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.
(19) Noise. Tower-based WCF 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, as delineated in the Federal Communications Commission October 2014 Order and Report.
(20) Aviation Safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(21) Retention of Experts. The Borough Zoning Hearing Board may hire any consultant and/or expert 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 these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(22) Timing of Approval. Within thirty calendar days of the date that an application for a tower-based 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. 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 WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
(23) Non-Conforming Uses. Non-conforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location to its original condition or better, but must otherwise comply with the terms and conditions of this section.
(24) 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 WCF or portions of WCF shall be removed as follows:
A. 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. The site shall be restored to its original condition or better, following the removal of the WCF.
B. 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.
C. Any unused portions of tower-based WCF, including antennae, shall be removed within six months of the time of cessation of operations.
(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.
(26) FCC License. Each person that owns or operates a tower-based WCF over forty 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.
(27) Insurance. Each person that owns or operates a tower-based WCF greater than forty feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of five million dollars ($5,000,000) per occurrence and property damage coverage in the minimum amount of five million dollars ($5,000,000) per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF forty feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in the minimum amount of one million dollars ($ 1,000,000) per occurrence covering each tower-based WCF. The Borough shall be named as an additional insured and shall be provided of proof of such insurance on an annual basis.
(28) Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based 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 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.
(29) Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(30) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
(b) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(1) Development regulations.
A. Tower-based WCF shall not be located in, or within 100 feet of, an area in which utilities are located underground.
B. Tower-based WCF are permitted in the following zoning districts by special exception, with preference given to municipally-owned property on the northern and southern ends of the district, subject to the above prohibition:
1. R-l A-Residential District
2. R-2 B-Residential District
3. I Industrial District
C. Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal one hundred percent of the proposed WCF structure height.
D. 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:
1. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
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 (if necessary), the equipment building, security fence, and buffer planting if the proposed WCF is greater than forty feet in height.
3. Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to the total height of the tower-based WCF plus thirty feet or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Zoning Hearing Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than. the required minimum setback without endangering such adjoining uses and their occupants.
(2) 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. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
B. To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough Zoning Hearing Board.
C. 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.
D. Any tower-based WCF over forty feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(3) 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.
B. The WCF applicant shall submit a soil report to the Borough Zoning Hearing Board complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(4) Fence/Screen.
A. A security fence with a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than forty feet in height, as well as guy wires, or any building housing WCF equipment.
B. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Borough Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Zoning Hearing Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible. Will replace as necessary any existing trees and shrubs damaged.
(5) Accessory Equipment.
A. Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.
B. All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(6) Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Such access road shall be constructed and maintained, in conformance with the standards issued by the Pennsylvania Department of Transportation. 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 WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
(7) Parking. For each tower-based WCF greater than forty feet in height, there shall be two off-street parking spaces.
(8) Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the zoning ordinance 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.
(c) The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.
(1) Location and development standards.
A. Tower-based WCF are prohibited in areas in which utilities are located underground.
B. Tower-based WCF shall not be located in the front facade area of any structure.
C. Tower-based WCF forty feet or shorter in height shall be permitted along certain collector roads and arterial roads throughout the Borough, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Borough Secretary’s Office.
(2) Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCF 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.
(3) Equipment Location. Tower-based WCF 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 Borough. In addition:
A. In no case shall ground-mounted related equipment, walls, or landscaping be located within twenty-four inches of the face of the curb.
B. Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough. Maintained and replaced as necessary by the WCF owner.
C. Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.
D. Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.
E. Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.
(4) 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. Tower-based WCF sited in the public ROW shall not exceed forty feet in height.
C. To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF in the ROW shall require prior approval of the Borough Zoning Hearing Board, and shall not increase the overall height of the tower-based WCF to more than forty feet.
D. 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.
(5) Relocation or Removal of Facilities. Within sixty 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 tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
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; or
D. An emergency as determined by the Borough.
(6) Reimbursement for ROW Use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Borough’s right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough’s costs incurred in connection with the activities described above.
(Ord. 2523. Passed 8-15-16.)
1272.40 POLICE POWERS.
The Borough, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.
(Ord. 2523. Passed 8-15-16.)
1272.41 SEVERABILITY.
If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.