Lansdale City Zoning Code
ARTICLE XXXI
Wireless Communication Facilities
§ 405-3100 Title.
This article shall be known as "Wireless Communication Facilities."
§ 405-3101 Purpose.
A.
To establish uniform standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities pursuant, but not limited to, the federal Telecommunications Act[1] of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act") Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission ("FCC"), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act ("Act 191"), 53 P.S. § 11702.1 et seq., in the Borough;
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
B.
To establish standards for satellite dishes in accordance with FCC rules and regulations, while minimizing their visual impact;
C.
To plan for, and accommodate the managed deployment of, infrastructure that is necessary to accommodate the wireless communications needs of the Borough's residents, businesses and emergency service providers, while balancing the benefit of wireless communications facilities in providing high-quality communications service and enhancement to its residents, businesses and emergency service providers, and the Borough's obligation to protect public safety, through the standards set forth in the following provisions.
§ 405-3102 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
Poles, wires, cables, equipment, and other facilities located above the surface of the ground, including their underground supports and foundations. Such term does not include private driveways, newspaper vending machines, street banners, canopies or other minor obstructions located in the rights-of-way.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. In §§ 405-3107 and 405-3108, an antenna shall include private residence-mounted satellite dishes, television antennas, and amateur radio equipment including, without limitation, ham or citizen band radio antennas.
The vertical distance measured from the base of the wireless support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
A station at a specified site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this article, supports or houses equipment described in Subsections A and B of this definition, that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
Borough of Lansdale, Montgomery County, Pennsylvania.
The Code of the Borough of Lansdale, Montgomery County, Pennsylvania.
The person engaged by the Borough to perform engineering services on behalf of the Borough.
The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
[Amended 2-16-2022 by Ord. No. 2022-1956]
Network of spatially separated antenna sites connected to a common source, that provides wireless service within a geographic area or structure.
Any tower or base station, existing at the time the relevant application is filed.
A condition that:
An area surrounding, or adjacent to, a wireless support structure within which base stations, power supplies or accessory equipment are located.
Federal Aviation Administration.
Federal Communications Commission.
A tensioned cable providing stability to a wireless communication tower. A guyed tower is anchored by cables.
The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
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 antennas and connecting appurtenances.
Wireless communications facilities located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough, or to any department or agency of the Borough.
The commonwealth administrative agency, or lawful successor thereto, authorized to regulate and oversee public utilities and telecommunications providers and telecommunications services in the Commonwealth of Pennsylvania, to the extent provided by law.[1]
The replacement of wireless support structures, or existing wireless telecommunications facilities on an existing wireless support structure, or within an existing equipment compound, due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
The surface and space in, on and above any real property in which the Borough has an interest in law or in equity, including, but not limited to, any public street, boulevard, avenue, road, highway, easement, freeway, alley, court, or any other place, other than real property owned in fee by the Borough.
For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure, and to other transmission equipment already deployed on the ground.
A wireless communications facility meets the following criteria:
[Added 2-16-2022 by Ord. No. 2022-1956]
The wireless support structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the accessory equipment) is no more than three cubic feet in volume; and
All accessory equipment associated with the wireless support structure including the wireless equipment associated with the antenna and any preexisting associated equipment on the wireless support structure, is cumulatively no more than 28 cubic feet in volume.
The wireless communications facility does not require antenna structure registration under 47 CFR Part 17;
The wireless communications facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and
The wireless communications facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications towers, antennas 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 antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.
The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the Borough, which shall entitle the grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, duct, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR 1.6100.
[Amended 2-16-2022 by Ord. No. 2022-1956]
The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
A person who provides telecommunications service over telecommunications facilities.
The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
A system that offers telecommunications service.
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any FCC-licensed or authorized antennas and their associated facilities shall not be considered a tower.
Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for aerial facilities.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications service ("PCS"), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Borough-owned land or property.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower, buildings, light poles, utility poles, traffic signals and other similar structures, that could support the placement or installation of wireless telecommunications facilities if approved by the Borough.
[1]
Editor's Note: The former definition of "related equipment," which immediately followed this definition, was repealed 2-16-2022 by Ord. No. 2022-1956.
§ 405-3103 General requirements for all non-tower wireless communications facilities.
A.
Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones, subject to the restrictions and conditions prescribed below, and subject to applicable permitting by the Borough.
C.
Standard of care. All non-tower WCFs 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.
D.
Maintenance. All non-tower WCFs 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. The following maintenance requirements shall apply:
(1)
All non-tower WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility, in order to promote the safety and security of the Borough's residents.
(3)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
E.
Wind. All non-tower WCFs and related equipment shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-G, as amended).
F.
Aviation safety. All non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
G.
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
H.
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other non-tower or tower-based WCFs, generate radio-frequency emissions in excess of FCC standards and regulations, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," as amended.
I.
Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards, under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
J.
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 non-tower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant and/or owner of the non-tower 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.
K.
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 non-tower WCF, as well as related inspection, monitoring and related costs.
L.
Historic buildings or districts. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Borough, or that has been designated by the Borough as being of historic significance.
M.
Discontinuation, abandonment, and removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use, and the date when the use shall be discontinued. Unused or abandoned WCFs or portions thereof shall be removed as follows:
(1)
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site, unless a time extension is approved by the Borough.
(2)
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough, and the cost of removal assessed against the owner of the WCF.
N.
Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, and property damage coverage in the amount of $1,000,000 per occurrence covering the non-tower WCF.
O.
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 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.
P.
In addition to the requirements set forth in Subsections A to O of this section, the following requirements shall apply to all non-tower WCFs that substantially change the physical dimensions of the wireless support structure to which they are attached:
(1)
Special exception authorization 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 authorization from the Borough. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions of the district, set forth in the Borough's Zoning Ordinance.
(2)
Notice. Upon submission of an application for a non-tower WCF that substantially changes the physical dimensions of the wireless support structure, 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 Borough.
Q.
Aesthetic, or land use impact. All non-tower WCFs shall be aesthetically and architecturally compatible with the surrounding environment and the characteristics of the applicable zoning district.
R.
In addition to the requirements in Subsections A to Q above, the following regulations shall apply to all co-located non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(1)
Building 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 subject to the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. 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 Borough's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(3)
Accessory equipment. Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use.
(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 $1,000, whichever is less.
S.
Replacement, co-location, or modification.
(1)
An application for replacement, co-location, or modification of a previously approved WCF or wireless support structure shall be reviewed in conformance with the Borough's building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, or review beyond the initial zoning or land use approvals issued for the previously approved wireless support structure or WCF, provided the proposed co-location, modification, or replacement does not substantially change the physical dimensions of the wireless support structure to which the WCFs are to be attached.
(2)
Timing of approval. Within 30 calendar days of the date than an application for modification or co-location is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Borough shall make its final decision regarding whether to approve or deny the application, and shall advise the applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the application shall not be counted toward the Borough's ninety-day review period.
(3)
Replacement of WCFs on existing wireless support structures, or within existing equipment compounds, may be performed by the applicant without obtaining building permits or zoning relief from the Borough, provided that the replacement does not substantially change the dimensions of the underlying wireless support structure.
(4)
Mounting. An applicant proposing to mount a non-tower WCF on a building or any other structure shall submit detailed construction and elevation drawings, indicating how the WCF will be mounted on the existing structure, for review by the Borough, for compliance with the Borough's Building Code.
§ 405-3104 Non-tower wireless communications facilities located outside rights-of-way.
The following additional regulations shall apply to non-tower WCFs located outside the ROW, that substantially change the wireless support structure to which they are attached:
A.
Special exception. If co-location of the non-tower WCF is not technologically feasible, the applicant shall apply to the Zoning Hearing Board for a special exception. The applicant's application for a special exception shall include proof to the Zoning Hearing Board that co-location is not technologically feasible.
B.
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:
(1)
Such WCF does not exceed the lesser of a total maximum height of 15 feet, or the maximum height permitted in the underlying zoning district. If the planned non-tower WCF exceeds this height specification, the WCF applicant shall obtain a variance. In order to obtain such variance, the WCF applicant shall provide documentation showing that the excess height is necessary and the least intrusive method of providing wireless service.
(2)
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(3)
A security fence of not less than six feet in height 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.
C.
Design regulations.
(1)
Non-tower WCFs shall employ stealth technology, and be treated to match the supporting structure, in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
(2)
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.
(3)
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.
(4)
Noncommercial usage exemption. The design regulations enumerated in this section shall not apply to direct-broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
D.
Removal, replacement, modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.
(2)
Any substantial modification to a non-tower WCF shall require a prior amendment to the original permit or authorization.
E.
Inspection. The Borough reserves the right to inspect any non-tower WCF, to ensure compliance with the provisions of this article, 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 non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
§ 405-3105 Small wireless communications facilities.
[Added 2-16-2022 by Ord. No. 2022-1956]
A.
Permitted locations.
(1)
Small WCFs located in the ROW and co-located small WCFs located outside the ROW shall be a permitted use in all Borough zoning districts, subject to the requirements of this § 405-3105 and generally applicable permitting as required by the Borough Code.
B.
Right-of-way permit. Applicants seeking to install small WCFs and/or related equipment in the ROW must obtain a ROW permit, and submit an executed ROW agreement to the Borough.
C.
Application requirements. Applications for small WCFs shall be submitted to the Borough Code Enforcement Officer and shall include the following:
(1)
The name and contact information, including phone number, mailing address, and email for both the applicant and the owner of the proposed small WCF.
(2)
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the applicant has included all information required by the Borough Code, signed by a representative of the applicant.
(3)
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
(a)
If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
(b)
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
(4)
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
(5)
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
(6)
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
(7)
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
(8)
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
(11)
All application fees required by the Borough as detailed in the Borough fee schedule.
D.
(Reserved)
E.
Timing of approval.
(1)
Within 10 business days of the date that an application for a small WCF is filed with the Borough Code Enforcement Officer, the Borough shall notify the applicant in writing of any information that may be required to complete such application. The applicant may then resubmit its application, at which point the applicable timeframe for approval shall restart. Any subsequent notice of incompleteness shall be issued within 10 business days of receipt of a resubmitted application and shall toll the applicable timeframe for approval until such time as the application is resubmitted.
(2)
Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Borough Code Enforcement Officer shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(3)
Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the Borough Code Enforcement Officer shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(4)
If the Borough denies an application for a small WCF, the Borough shall provide the applicant with written documentation of the basis for denial, including the specific provisions of the Borough Code on which the denial was based, within five business days of the denial.
(5)
The applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review.
F.
Consolidated applications. A single applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 405-3105E shall be extended by 15 days.
G.
Standard of care. All small WCFs 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, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure.
H.
Maintenance. All small WCFs 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. The following maintenance requirements shall apply:
(1)
All small WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility, in order to promote the safety and security of the Borough's residents.
(3)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
I.
Wind. All small WCFs and related equipment shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-G, as amended).
J.
Public safety communications. No small WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
K.
Radio-frequency emissions. No small WCF may, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of FCC standards and regulations, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," as amended.
L.
Noise. Small WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards, under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
M.
Location and development standards.
(1)
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
(2)
All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all Borough Code requirements applicable to streets and sidewalks.
N.
Time, place and manner. Once approved, the Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
O.
Attachment to municipal structures. The Borough shall allow the co-location of small WCFs to structures owned by the Borough in accordance with the hierarchy detailed in this section. Such attachment shall be conditioned upon the execution of a valid pole attachment agreement with the Borough. If the WCF applicant is proposing the co-location of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Borough's co-location preferences are as follows.
P.
Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.
Q.
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Borough.
R.
Design standards. All small WCFs in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough Department of Code Enforcement.
S.
Obsolete equipment. The WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
T.
Relocation or removal of facilities. Within 90 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 small 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, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement; or
(4)
An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Borough.
U.
Time limit for completion of construction. The proposed co-location, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Borough and the WCF applicant agree in writing to extend the period.
V.
Reimbursement for ROW use. In addition to permit fees as described in this section, every small 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 small 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. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
W.
Insurance. Each person that owns or operates a small WCF shall annually provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.
X.
Indemnification. Each person that owns or operates a small 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 WCF. Each person that owns or operates a small 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 small 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.
§ 405-3106 Requirements for tower-based wireless communications facilities.
[Added 2-16-2022 by Ord. No. 2022-1956]
A.
General requirements.
(1)
Permitted by special exception. Any applicant proposing the construction of a new tower-based WCF, or the modification of an existing tower-based WCF, which substantially changes the WCF or support structure, as defined in § 405-3102, shall apply to the Zoning Hearing Board for a special exception.
(2)
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this article.
(3)
Standard of care. All tower-based WCFs 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.
(4)
Notice. Upon submission of an application for a tower-based WCF, the 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.
(5)
Co-location and siting. An application for a new tower-based WCF shall not be approved, unless the Zoning Hearing Board finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The WCF applicant shall demonstrate that it contacted the owners of structures, buildings, and towers within a 1/4 of a mile radius of the proposed site, 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.
(6)
Gap in coverage or capacity. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to its provision of service 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 or capacity. The existence or nonexistence of a gap in coverage or capacity shall be a factor in the Borough's decision to grant or deny an application for tower-based WCFs.
(7)
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on its tower-based WCF, where technologically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining prior written approval from the Borough.
(8)
Siting.
(a)
Tower-based WCFs outside the ROW. No tower-based WCF shall be sited or constructed within 1,500 feet of any other tower-based WCF.
(b)
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Borough, or that has been designated by the Borough as being of historic significance.
(9)
Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants shall submit documentation to the Borough, justifying the total height of the structure.
(a)
The maximum total height of any tower-based WCF shall not exceed 130 feet, as measured vertically from the ground level, to the highest point on the structure, including antennas and subsequent alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.
(10)
Related equipment. Any telecommunication equipment building, or any other structure associated with a tower-based WCF shall meet the height and setback requirements for principal buildings in the zoning district in which the building is located. When a zoning district contains more than one set of setback requirements, the largest setback requirement shall apply.
(11)
Signs. All tower-based WCFs shall contain a sign in a readily visible location, identifying the name and phone number of a party to contact in the event of an emergency. Absent any controlling FAA or FCC regulations, no additional signage shall be permitted.
(12)
Lighting. No tower-based WCF shall be artificially lighted, except when required by the FAA. 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.
(13)
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color, to harmonize with the surroundings.
(14)
Maintenance. All tower-based WCFs 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. The following maintenance requirements shall apply:
(a)
All tower-based WCFs 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.
(15)
Discontinuation, abandonment, and removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use, and the date when the use shall be discontinued. Unused or abandoned WCFs or portions thereof, 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 an extension of time is approved by the Borough.
(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 WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a previously removed tower-based WCF.
(16)
FCC license. Each person that owns or operates a tower-based WCF, shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(17)
Insurance.
(a)
Each person that owns or operates a tower-based WCF greater than 40 feet in height, shall provide the Borough with a certificate of insurance, evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence, and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(b)
Each person that owns or operates a tower-based WCF 40 feet or less in height, shall provide the Borough with a certificate of insurance, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the tower-based WCF.
(18)
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 a 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.
(19)
Plans and drawings. 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.
(20)
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant and/or owner of the tower-based 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.
(21)
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 tower-based WCF, as well as related inspection, monitoring and related costs.
(22)
Vehicular access.
(a)
An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access, to all tower-based WCFs.
(b)
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
(c)
Where possible, access driveway construction shall at all times minimize ground disturbance, and the cutting of vegetation.
(d)
Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
(e)
Applicants shall present documentation to the Borough, that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.
(f)
Any required access easement shall be a minimum of 20 feet in width, and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least 10 feet throughout its entire length.
(g)
Vehicular access to all tower-based WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.
B.
Development regulations.
(1)
Location. No tower-based WCF shall be located within 500 feet of a lot in residential use, or a residential district boundary.
(2)
Sole use on a lot. A tower-based WCF shall not be permitted as a sole use on a lot.
(3)
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
(a)
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
(b)
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
(c)
Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use, or a residential district boundary.
C.
Design regulations.
(1)
The tower-based WCF shall employ stealth technology and be treated to match the supporting structure, in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
(2)
Aesthetic or land use impact. All tower-based WCFs shall be aesthetically and architecturally compatible with the surrounding environment and the characteristics of the applicable zoning district.
(3)
To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough.
(4)
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas, and comparable antennas for future users.
(5)
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)
Soil report. The WCF applicant shall submit a soil report to the Borough prior to construction, complying with the standards of geotechnical investigations (ANSI/EIA-222-G, as amended), to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for any guy wires.
(6)
Fence/screen.
(a)
Security fence. A security fence having a minimum height of six feet, shall completely surround any tower-based WCF, as well as guy wires, or any building housing WCF equipment.
(b)
Screening. Evergreen trees, a minimum of four feet in height, shall be planted immediately adjacent to the fencing, at an interval of not greater than three feet apart, except that portion of the fence where an access gate is located.
(c)
Landscaping. Landscaping shall be installed to screen and buffer the tower, and any ground level features, such as an equipment building, from adjacent properties. The landscaping shall comply with the landscaping and buffering requirements of the Borough's Subdivision and Land Development Ordinance[1] and shall preserve existing vegetation around the WCF, to the greatest extent possible. The WCF applicant shall submit a plan prepared by a landscape architect, depicting the landscaping proposed to screen and buffer the WCF, for review and approval by the Borough Planning Commission.
(7)
Accessory equipment.
(a)
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be screened from public view, using stealth technologies as described above. In the event the WCF applicant demonstrates that the equipment cannot be screened from public view, using stealth technologies described above, the WCF applicant shall locate the equipment underground in compliance with all applicable provisions found within the Borough Code, or state or federal law, and to the satisfaction of the Borough Engineer.
(b)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
§ 405-3107 Requirements for commercial satellite dishes and antennas.
B.
Commercial dishes and antennas include, but are not limited to, the following: fixed-point microwaves used by telephone or other companies; two-way radio from a base to land-mobile antennas (such as radio-dispatched taxis); commercial AM and FM radio antennas; commercial UHF and VHF television antennas; and antennas and dishes used for restaurants, offices, industries or other business. Wireless communication facilities are specifically excluded.
C.
No dish or antenna shall be located between the building and street line. The dish or antenna shall be installed in the location that will best shield the view of the dish or antenna from the street, or from neighboring properties.
D.
No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area, by any provision of this article.
E.
No ground-mounted satellite dish shall exceed eight feet in height.
F.
Setbacks for all satellite dishes and antennas shall be as follows:
(1)
If the satellite dish is mounted on the ground, the building setbacks required by the underlying zoning district shall apply, except that in no case shall the setbacks be less than the height of the antenna or five feet, whichever is larger.
(2)
If the satellite dish or antenna is mounted on the roof, it shall be no less than five feet from any property line or party wall.
§ 405-3108 Requirements for private, noncommercial satellite dishes and antennas.
A.
A private noncommercial satellite dish (hereinafter referred to as a "dish") or noncommercial radio and television antenna is permitted in any zoning district according to the provisions of this section and are only permitted as an accessory use. Private noncommercial uses include dishes and antennas for home use, ham radio, citizen band (CB) radio and two-way or one-way radio for public safety. Fixed-point microwaves used by telephone or other companies, two-way radio from a base to land-mobile antennas (such as radio-dispatched taxis), commercial AM and FM radio antennas, commercial UHF and VHF television antennas and cellular communications antennas are specifically excluded. No dish or antenna may be used for commercial purposes, if it is located in a residential district.
B.
No dish or antenna shall be located between the building and the street line. If roof mounted, the dish or antenna shall be located on the rear portion of the building. In general, the dish or antenna shall be installed in the location that will best shield the view of the dish or antenna from the street and from neighboring properties.
C.
No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area, by any provision of this article.
D.
No dish shall exceed six feet in diameter. No roof-mounted dish shall project more than three feet from the roof. No ground-mounted dish shall exceed six feet in height.
E.
Setbacks for all satellite dishes and antennas shall be as follows:
(1)
If the satellite dish is mounted on the ground, the building setbacks required by the underlying zoning district shall apply, except that in no case shall the setbacks be less than the height of the antenna or five feet, whichever is larger.
(2)
If the satellite dish or antenna is mounted on the roof, it shall be no less than five feet from any property line or party wall.