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Gregg Township Centre County
City Zoning Code

PART 15

WIRELESS COMMUNICATION FACILITIES

§ 15-1500 Purpose.

[Ord. No. O-19-01, 5/9/2019]
The purpose of this Part is to:
1. 
Facilitate the permitting of wireless communication facilities.
2. 
Preserve and protect public health and safety without significantly increasing the cost or decreasing the availability of wireless communications.
3. 
No part of this Part is intended to prohibit or impede the expansion of essential services to the residents of the Township.

§ 15-1501 Definitions.

[Ord. No. O-19-01, 5/9/2019]
In this Part:
ADMINISTRATOR
The Penns Valley Code Enforcement Agency or other entity as appointed by the Board.
BOARD
The Township of Gregg Supervisors.
OWNER
The individual or entity that intends to own and operate the wireless communication facility in accordance with this Part.
POLE
A monopole, freestanding, less than 45 feet.
TOTAL HEIGHT
In relation to a wireless communication facility, the vertical distance from the ground to its highest point.
TOWER
A monopole, freestanding, or guyed structure that supports a wireless communication facility and is greater than 45 feet in height.
WIRELESS COMMUNICATION FACILITIES
A wireless communication facility as defined in this section that:
A. 
Is used to facilitate wireless communication.
B. 
Is as high as necessary to capture the wireless resource not to exceed 125 feet.
WIRELESS COMMUNICATION FACILITY
A structure at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communication network, and all associated accessory equipment, including any base, wire, batteries, or other component necessary to fully utilize the wireless communication facility.

§ 15-1502 Standards.

[Ord. No. O-19-01, 5/9/2019]
1. 
A wireless communication facility shall be a permitted use in all zones (except residential) subject to the following requirements:
A. 
Setbacks. A tower for a wireless communication facility shall be set back a distance consistent with the Gregg Township Zoning Ordinance (Chapter 15) setback requirements. No portion of the wireless communication facility shall extend beyond the setback line, nor into the following:
(1) 
Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way.
B. 
Access.
(1) 
All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(2) 
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
C. 
Lighting. A wireless communication facility shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
D. 
Appearance, Color, and Finish. The wireless communication facility and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the zoning approval.
E. 
Signs. There shall be no signs or advertising.

§ 15-1503 Permit Requirements.

[Ord. No. O-19-01, 5/9/2019]
1. 
Permit. A zoning permit shall be required for the installation of a wireless communication facility, excepting those pole mounted used for the purpose of extending or repeating communications beyond the facility.
2. 
Documents. The zoning permit application shall be accompanied by a plot plan which includes the following:
A. 
Property lines and physical dimensions of the property.
B. 
Location, dimensions, and types of existing major structures on the property.
C. 
Location of the proposed wireless communication facility.
D. 
The right-of-way of any public road that is contiguous with the property.
E. 
Any overhead utility lines.
F. 
Wireless communication facility specifications, including manufacturer and model, tower height, tower type (freestanding or guyed).
3. 
Fees. The application for a zoning permit for a wireless communication facility must be accompanied by the fee required.
4. 
Expiration. A permit issued pursuant to this Part shall expire if:
A. 
The wireless communication facility is not installed and functioning within 24 months from the date the permit is issued.
B. 
The wireless communication facility is out of service or otherwise unused for a continuous eighteen-month period.

§ 15-1504 Abandonment.

[Ord. No. O-19-01, 5/9/2019]
1. 
A wireless communication facility that is out of service for a continuous eighteen-month period shall be deemed to have been abandoned.
2. 
The Administrator may issue a notice of abandonment to the owner of a wireless communication facility that is deemed to have been abandoned. The notice shall be sent return receipt requested.
3. 
The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.
4. 
If the owner provides information that demonstrates the wireless communication facility has not been abandoned, the Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
5. 
If the Administrator determines that the wireless communication facility has been abandoned, the owner of the wireless communication facility shall remove the wireless communication facility at the owner's sole expense within six months after the own receives the notice of abandonment.
6. 
If the owner fails to remove the wireless communication facility in the time allowed under subsection five above, the owner shall allow access to have the wireless communication facility removed at the owner's expense.

§ 15-1505 Zoning Permit Procedure.

[Ord. No. O-19-01, 5/9/2019]
1. 
An owner shall submit an application to the Administrator for a zoning permit for a wireless communication facility.
2. 
The Administrator shall issue a permit or deny the application within one month, as consistent with the Gregg Township Zoning Ordinance (Chapter 15) and the Pennsylvania Municipalities Planning Code (53 P.S. § 4101 et seq.) of the date on which the application is received.
3. 
If the application is approved, the Administrator will return one signed copy of the application with the zoning permit and retain the other copy with the application.
4. 
If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision to the Gregg Township Zoning Hearing Board. The applicant may reapply if the deficiencies specified by the Administrator are resolved.

§ 15-1506 Violations.

[Ord. No. O-19-01, 5/9/2019]
1. 
It is unlawful for any person to construct, install, or operate a wireless communication facility that is not in compliance with this Part.
2. 
Wireless communication facilities installed prior to the adoption of this Part are exempt from the requirements of this Part, except for the provisions in § 15-1504 Abandonment.

§ 15-1507 Administration and Enforcement.

[Ord. No. O-19-01, 5/9/2019]
1. 
This Part shall be administered by the Administrator or other official as designated.
2. 
The Administrator may enter any property for which a permit has been issued under this Part to conduct an inspection to determine whether the conditions stated in the permit have been met.
3. 
The Administrator may issue orders to abate any violation of this Part.
4. 
The Administrator may issue a citation for any violation of this Part.
5. 
The Administrator may refer any violation of this Part to legal counsel for enforcement.

§ 15-1508 Penalties.

[Ord. No. O-19-01, 5/9/2019]
1. 
Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
Nothing in this section shall be construed to prevent the Board from using any other lawful means to enforce this Part.