Leetsdale, PA Zoning Ordinance

[Added 12-11-2025 by Ord. No. 697]

§ 300-78 Definitions.

ACCESSORY FACILITY OR STRUCTURE

An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment storage sheds or cabinets.

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 WTF, defined below. For the purposes of this use, this definition shall not include private residents' mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizens band radio antennas.

APPLICANT

Any person submitting an application to the Borough of Leetsdale for a special use permit for wireless telecommunications facilities.

APPLICATION

The form approved by the Council, together with all necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications facilities.

BOROUGH

The Borough of Leetsdale, Pennsylvania.

COLLOCATED WIRELESS COMMUNICATIONS FACILITY (COLLOCATED WCF)

Wireless communications facilities collocated 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 wireless support structure.

COLLOCATION

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.

COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE

Shall have the meaning in this article and any special use permit granted hereunder as is defined and applied under the Pennsylvania Uniform Commercial Code (UCC).[1]

COMMONWEALTH

The Commonwealth of Pennsylvania.

COMMUNICATIONS SERVICE PROVIDER

Any of the following:

A cable operator as defined in Section 602(4) of the Cable Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C. § 522(5)), as amended.

A provider of information service as defined in Section 3(20) of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 153(24)), as amended.

A telecommunications carrier as defined in Section 3(44) of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 153(51)), as amended.

COMPLETED APPLICATION

An application that contains all information and/or data necessary to enable the Council to evaluate the merits of the application and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the Borough in the context of the permitted land use for the particular location requested.

COUNCIL

The Borough Council of the Borough of Leetsdale.

DIRECT-TO-HOME SATELLITE SERVICES or DIRECT BROADCAST SERVICE or DBS

Only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the subscribers' premises or in the uplink process to the satellite.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving i) co-location of new transmission equipment; ii) removal of transmission equipment; or iii) replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station, provided that it is existing at the time the relevant application is filed.

EMERGENCY

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EPA

The State and/or Federal Environmental Protection Agency or its duly assigned successor agency.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a support structure within which base stations, power supplies, or accessory equipment may be located.

FAA

The Federal Aviation Administration or its duly designated and authorized successor agency.

FCC

The Federal Communications Commission or its duly designated and authorized successor agency.

FREESTANDING TOWER

A tower that is not supported by guy wires and ground anchors or other means of attached or external support.

HEIGHT

When referring to a tower or structure, the distance measured from the preexisting ground level to the highest point on the tower or structure, even if said highest point is an antenna.

MICRO WIRELESS FACILITY

A small wireless communications facility that:

Does not exceed two cubic feet in volume; and

Has an exterior antenna no longer than 11 inches.

MINIMUM FUNCTIONAL HEIGHT

Minimum height necessary for a WCF to function in a satisfactory manner.

MODIFICATION

The improvement, upgrade, or expansion of existing facilities.

MONOPOLE

A tower which consists of a single pole structure without guy wires, designed and erected on the ground or on top of a structure, to support antennas and connect appurtenances.

NIER

Nonionizing electromagnetic radiation.

PERSON

Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest or any other entity.

PERSONAL WIRELESS FACILITY

See definition for "wireless telecommunications facilities."

PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS

Shall have the same meaning as defined and used in the 1996 Telecommunications Act.[2]

REPLACEMENT

The substitution of existing facilities on an existing 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 facilities initially installed and does not substantially change the physical dimensions of the existing support structure.

RIGHT-OF-WAY (ROW)

The surface of and space below any real property in the municipality in which the federal government, commonwealth, municipality, or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the control of the federal government, commonwealth, municipal or municipal authority, and any non-exclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above, and/or under the right(s)-of-way.

SECURITY FENCE

Fencing required through this article shall provide appropriate security, be aesthetically pleasing, and meet the approval of the Borough or its designee.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following criteria:

The structure on which antenna facilities are mounted:

(1)

Is 50 feet or less in height; or

(2)

Is no more than 10% taller than other adjacent structures; or

(3)

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under 47 CFR Part 17;

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SPECIAL USE PERMIT

The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the Borough.

STEALTH TECHNOLOGY

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, and light poles.

STRUCTURE

An assembly of materials forming a construction for occupancy or use, including, among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences and display signs.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGED

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the follow criteria:

For towers other than towers in the public rights-of-way: it increases the original height of the tower by 10% or by the height of one additional antenna array with separation from the existing antenna array not to exceed 20 feet, whichever is greater or it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

For other existing towers or base stations: it increases the original height of the tower by 10% or by more than 10 feet, whichever is greater or it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than six feet.

For any eligible support structure: it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets associated with the structure.

It entails any excavation or deployment outside the current site.

TECHNICALLY FEASIBLE

By virtue of engineering or spectrum usage, the proposed placement for a wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the wireless communications facility.

TELECOMMUNICATIONS

The transmission and reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.

TELECOMMUNICATIONS ANTENNA

A device attached to a building, structure, or telecommunications tower principally intended for receipt or transmission of signals for such uses as commercial or public VHF or UHF television, FM radio, two-way radio, commercial carriers, cellular telephone, fixed point microwave, lower power television or AM radio, including accessory equipment related to telecommunications. Not included are antennas for private, noncommercial and amateur purposes, including but not limited to ham radios and citizens band radios.

TELECOMMUNICATIONS FACILITY BUILDING

The building in which electromagnetic receiving and relay equipment for a telecommunications tower is housed.

TELECOMMUNICATIONS SITE

See definition for "wireless telecommunications facilities."

TELECOMMUNICATIONS STRUCTURE

A structure used in the provision of services described in the definition of "wireless telecommunications facilities."

TELECOMMUNICATIONS TOWER

A freestanding structure, including any guy wires, principally intended to support facilities for receipt or transmission of signals for uses such as commercial or public VHF or UHF television, FM radio, two-way radio, commercial carriers, cellular telephone, fixed point microwave, low power television, or AM radio, including accessory equipment related to telecommunications. Not included are tower and supportive structures for private, noncommercial and amateur purposes, including but not limited to ham radios and citizens band radios.

TEMPORARY

In relation to all aspects and components of this article, something intended to, or that does, exist for fewer than 90 days.

UTILITY POLE

A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.

WIRELESS COMMUNICATIONS FACILITY (WCF) or WIRELESS TELECOMMUNICATIONS FACILITIES or WTF or TELECOMMUNICATIONS TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY

A structure, facility or location designed or intended to be used as, or used to support, antennas or a wireless support structure, intended for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures that employ camouflage technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended for transmitting and/or receiving antennas or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services or microwave telecommunications, but excluding those used exclusively for the Borough's fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizens bands, amateur radio and other similar telecommunications.

§ 300-79 Telecommunications towers and telecommunications facility buildings.

Conditional uses. Telecommunications towers and telecommunications tower facility buildings are allowed as a conditional use in the following zoning districts, subject to the conditions stated in the sections of this article as listed below, unless otherwise provided for:

(1)

Industrial.

All applications for the location of telecommunications towers and telecommunications facility buildings are subject to the requirements of Chapter 265, Subdivision and Land Development, and are subject to site plan review by the Planning Commission and approval by the Municipal Council.

The telecommunications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended.

A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222 E manual, as amended, shall be submitted to the municipality to document and verify design specifications of the foundation for the telecommunications tower, and anchors for the guy wires if used.

Telecommunications towers shall be designed by a registered engineer and certified by that registered engineer to be structurally sound and able to withstand wind, earthquake and other loads in accordance with accepted engineering practice.

A telecommunications tower may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.

Shared use of telecommunication towers and sites shall be encouraged. The applicant shall be required to submit to the municipality evidence of the need for the telecommunications tower and that the applicant has exhausted all alternatives to constructing a telecommunications tower. Applicants are required to prove need by:

(1)

Demonstrating via written evidence that, in terms of location and construction, there are no existing towers, telecommunications towers, buildings, structures, elevated tanks or similar uses able to provide the platform for the telecommunications antenna; and

(2)

Providing evidence, including coverage diagrams and technical reports, demonstrating that collocation on existing telecommunications towers is not technically possible in order to serve the desired need. Collocation is not possible if:

(a)

Planned equipment would exceed the structural capacity of existing telecommunications towers within the municipality, considering existing and planned use of those telecommunications towers, and existing telecommunications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost; or

(b)

Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for that telecommunications tower, and the interference cannot be prevented at a reasonable cost; or

(c)

Existing or approved telecommunications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; or

(d)

Other reasons make it impractical to place the equipment planned by the applicant on existing and approved telecommunications towers.

Telecommunications towers shall be no closer than 500 feet from another telecommunications tower, such distance being measured as a horizontal from tower to tower.

Telecommunications towers shall be subject to a minimum setback from all overhead electric transmissions lines of a distance equaling the height of the tower.

The applicant shall present documentation that the telecommunications tower is designed in accordance with all applicable state and federal regulations. Except as required by the Federal Aviation Administration, or other federal or state agencies, no telecommunications tower may use artificial lighting or strobe lighting at night. The applicant shall demonstrate to the satisfaction of the Planning Commission and municipality that all emissions including radiation levels do not exceed Federal Communication Commission established criteria.

An applicant for a zoning certificate for a telecommunications tower must execute an agreement with the municipality, in a form legally sufficient to the municipality, requiring the removal of the telecommunications tower within one year after the telecommunications tower ceases to function for its intended use. Suitable bond shall be established in favor of the municipality to ensure the demolition and proper restoration of the site.

The applicant shall also be required to submit a plan to the Planning Commission to be reviewed to minimize any adverse visual effects of the telecommunications tower on the surrounding natural environment. This plan shall consider items such as color and materials used for the telecommunications tower, type of telecommunications tower, and design considerations of the tower to help it better blend into surrounding land uses. The Planning Commission of the municipality shall review this plan and make recommendations to the Municipal Council.

A security fence, of approved design, of not less than eight feet, and no greater than 10 feet, shall completely enclose the telecommunications tower. A fence of not less than eight feet and no greater than 10 feet shall also completely enclose the anchored locations of guy wires, if used. This fencing shall be designed to be compatible with surrounding land uses.

The applicant shall submit a landscaping plan. Sites in which telecommunications towers are located shall be required to comply with the following landscaping requirements:

(1)

Landscaping and planting of an approved design shall be provided for a depth of 10 feet along all public rights-of-way abutting the lot where the telecommunications tower is located. This requirement may be waived by Council, provided that there is existing acceptable vegetation along the public rights-of-way abutting the lot.

(2)

Landscaping, consisting of trees and shrubs, shall be required at the perimeter of the security fences and the telecommunications facility building. Evergreen trees of 10 feet height at planting, and growth of a minimum of 50 feet at maturity, shall be planted a maximum of 15 feet from each other around the perimeter of the security fence. Areas between the trees shall be interspersed with approved shrubbery planting of a height of not less than five feet.

(3)

Landscaping, consisting of approved evergreen trees of 10 feet height of planting, at a maximum of 15 feet from each other shall be required along all property lines abutting an existing residence, school, park or church. This requirement may be waived by the Municipal Council, provided the abutting property owner(s) submits in writing to the municipality that they are waiving their right to this landscaping, or Council may waive this requirement if there is existing acceptable vegetation along the property lines.

A minimum of two parking spaces shall be required.

Telecommunications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.

The telecommunications facility building shall be identified as an accessory building, and the applicable regulations for the host zoning district shall apply.

Guy wires, if utilized, must be anchored no closer than 25 feet from any property line. Guy wires shall not cross or encroach any overhead telephone or electric power lines.

Tower height shall be measured from the top of the foundation to the top point of the tower or the top point of the telecommunications antenna, whichever is higher.

Internal access to the telecommunications tower shall be provided by a minimum twelve-foot-width cartway with a durable and dustless surface, such as concrete or a bituminous concrete surface for a minimum of 50 feet from any public or private street. The length of the cartway beyond this 50 feet shall at a minimum, be surfaced with a durable and dustless gravel surface. The vehicular access to the telecommunications tower and telecommunications facility building shall, whenever feasible, be provided along existing circulation driveways.

A security gate shall be required to be installed a maximum of 50 feet from the public or private road providing frontage for the lot housing the telecommunications tower.

§ 300-80 Small wireless communications facilities.

Siting requirements.

(1)

Small WCFs located inside the rights-of-way shall be a permitted use in all Borough zoning districts, subject to the requirements of this § 300-80 and applicable permitting by the Borough.

(2)

Collocated Small WCFs located outside the rights-of-way shall be a permitted use in all Borough zoning districts, subject to the requirements of this § 300-80 and applicable permitting by the Borough.

(3)

Small WCFs located outside the rights-of-way and requiring a new or replacement wireless support structure shall be a permitted use in the following Borough zoning districts, subject to the requirements of this § 300-80 and applicable permitting by the Borough:

(a)

C, Commercial.

(b)

I, Industrial.

(c)

S, Special.

Application procedures.

(1)

Applications for small WCFs shall be submitted to the Borough Secretary, reviewed by the Borough Planning Commission, and approved by the Municipal Council.

(2)

Applications for small WCFs shall include the following:

(a)

A signed cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Borough Code, signed by a representative of the WCF applicant.

(b)

If the proposed small WCF will be attached to a structure or located on property owned by a third party, a copy of the written agreement with the owner of the structure or property, or other evidence showing that the WCF applicant has been granted permission to construct its WCF on the structure or property;

(c)

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.

[1]

If the small WCF is proposed for location on an existing structure that currently supports existing attachments, or if the replacement of such a structure is proposed, the depiction shall show the location and dimensions of all such attachments.

[2]

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.

(d)

Equipment specification for all equipment depicted on the plans. These specifications must include:

[1]

The manufacturer's name and model number.

[2]

Physical dimensions including, without limitation height, width, depth, volume, and weight with mounts and necessary hardware.

[3]

Technical rendering of all external components, including enclosures for all attachment hardware.

[4]

Proposed location.

(e)

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.

(f)

Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic. Angle of separation between each the photo simulations must be at least 90° and provide a full profile depiction. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

(g)

A description of how the proposed design satisfies each requirement of the Borough, including the standards listed in the Borough's Small Cell Aesthetic Standards.

(h)

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.

(i)

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.

(j)

A certificate of insurance as required by § 300-80.

(k)

Certification of the application's compliance with all requirements of this § 300-80.

(l)

All application fees required by the Borough as detailed in the Borough fee schedule.

(3)

Resubmission following denial.

(a)

If the Borough denies an application for a small WCF, the Borough shall provide the WCF 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.

(b)

The WCF 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.

(4)

Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated 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 § 300-80 shall be extended by 15 days.

Applications not required. No application shall be required for:

(1)

Routine maintenance or repair work.

(2)

The replacement of small WCFs with small WCFs that are substantially similar or the same size or smaller and still qualify as a small WCF.

(3)

The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.

Design standards. All small WCFs in the Borough shall comply with the requirements of the Borough's Small Cell Aesthetic Standards. A copy of such shall be kept on file at the Borough Building.

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.

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.

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. If the owner of the small WCF fails to remove such graffiti within 10 days of receipt of notice, the Borough shall reserve the right to remove the graffiti and recover the reasonable costs of such removal from the WCF owner.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

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 and applicable Public Utility Commission regulations, 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, including but not limited to utilities (including water and sewer lines), traffic signals, road construction, and drainage improvements, 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.

Time limit for completion of construction. The proposed collocation, 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.

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.

§ 300-81 Collocated wireless communications facilities.

The following regulations shall apply to all collocated WCFs that do not meet the definition of a small WCF:

(1)

Permitted in certain districts. Collocated WCFs are permitted as a conditional use in all zones subject to the requirements of this § 300-81 and applicable permitting by the Borough.

(2)

Application procedures.

(a)

Applications for collocated WCFs shall be submitted to the Borough Secretary, reviewed by the Borough Planning Commission, and approved by the Municipal Council.

(b)

All applications for collocated WCFs shall include the following information:

[1]

A cover letter detailing the location of the proposed site, all equipment being proposed as part of the collocated WCF, and a certification that the WCF applicant has included all information required by the Borough Zoning Ordinance, signed by a representative of the WCF applicant.

[2]

A site plan, drawn to scale, showing property boundaries, power location, total height of the collocated WCF, the entirety of the structure upon which the collocated WCF will be collocated, and accessory equipment locations.

[3]

A copy of the written agreement with the owner of the structure or other evidence showing that the WCF applicant has been granted permission to collocate its collocated WCF on the structure.

[4]

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the collocated WCF.

[5]

If the collocated WCF is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.

[6]

Equipment specification for all equipment depicted on the plans. These specifications must include:

[a]

The manufacturer's name and model number.

[b]

Physical dimensions including, without limitation height, width, depth, volume, and weight with mounts and necessary hardware.

[c]

Technical rendering of all external components, including enclosures for all attachment hardware.

[7]

An aerial photograph of the proposed site showing the area within 500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.

[8]

Photo simulations depicting the collocated WCF from at least three locations near the proposed site. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic. Angle of separation between each the photo simulations must be at least 90° and provide a full profile depiction. The photo simulations should reflect the proposed design and location of all equipment associated with the collocated WCF.

[9]

A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed collocated WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

[10]

A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

[11]

Certificates of insurance as required by § 300-80.

[12]

A certification of the application's compliance with all requirements of this § 300-81.

[13]

All application fees required by the Borough as detailed in the Borough fee schedule.

(3)

Development regulations.

(a)

The total height of any collocated WCF shall not exceed 20 feet above the preexisting height of the structure to which the WCF is attached.

(b)

In accordance with industry standards, all WCF applicants must submit documentation to the Borough showing that the proposed collocated WCF is designed to be the minimum height technically feasible and justifying the total height of the collocated WCF.

(c)

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(d)

A security fence with a minimum height of eight feet and a self-locking gate shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with parking or vehicular circulation on the site for the principal use.

(4)

Design.

(a)

Collocated 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 utilized by the WCF applicant shall be subject to the approval of the Borough.

(b)

Collocated WCFs shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape.

(c)

Collocated WCFs and accessory equipment must be of a neutral color that is identical to or closely compatible with the structure to which they are attached, so as to make the WCF and accessory equipment as visually unobtrusive as possible. Roof-mounted collocated WCFs shall match existing air-conditioning units, stairs, elevator towers or other background as nearly as possible.

(5)

Prohibited on certain structures. No collocated WCF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.

(6)

Third-party wireless support structures. Where the collocated WCF is proposed for collocation on a structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to Borough Council that the owner of the structure has authorized collocation of the proposed collocated WCF.

(7)

Historic buildings. No collocated WCF may be located within 100 feet of any property, 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, located within a historic district, or is included in the official historic structures list maintained by the Borough.

(8)

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 at its sole discretion 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.

(9)

Substantial change. Any substantial change to a WCF shall require notice to be provided to the Borough Secretary, and possible supplemental permit approval as determined by the Borough's planning Commission in accordance with the Borough Zoning Ordinance.

§ 300-82 Wireless communications facilities.

General requirements for all tower-based facilities. The following regulations shall apply to all tower-based wireless communications facilities:

(1)

Standard of care. Any tower-based WTF 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, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WTF 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)

Permit required. Any applicant proposing the construction of a new tower-based WTF, or the modification of an existing tower-based WTF, shall first obtain a permit from the Borough Zoning Office. New construction and modifications shall be prohibited without a zoning permit.

(3)

Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice 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), or to the industry standard applicable to the structure.

(4)

Height. Any tower-based WTF shall be designed at the minimum functional height. All tower-based WTF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any tower-based WTF which is not located in the public right-of-way shall not exceed 130 feet, which height shall include all subsequent additions or alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.

(5)

Related equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in a residential use or zoned residential.

(6)

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

(7)

Maintenance. The following maintenance requirements shall apply:

(a)

Any tower-based WTF 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.

(8)

Radio frequency emissions. No tower-based WTF may, by itself or in conjunction with other WTFs, 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)

Historic buildings or districts. No tower-based WTF may be located on a building or structure that is listed on either the National or Pennsylvania Register 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.

(10)

Signs. All tower-based WTFs shall post a sign, no larger than four square feet, in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The sign shall be approved by Council before installation. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures or antenna towers, unless required by law. Signage shall include electronic, electric, or illuminated signage.

(11)

Lighting. A tower-based WTF shall not be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(12)

Visual impact. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

(13)

Noise. Tower-based WTFs shall be operated and maintained so as not to produce noise in excess of 60 dBA, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(14)

Aviation safety. Tower-based WTFs shall comply with all federal and state laws and regulations, including all laws and guidance issued by the Federal Aviation Administration ("FAA") concerning aviation safety.

(15)

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 WTF 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 WTF shall reimburse the Borough for all costs of the Borough's consultant(s), including the Borough Engineer, in providing expert evaluation and consultation in connection with these activities.

(16)

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

(17)

Nonconforming uses. Nonconforming tower-based WTFs 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.

(18)

Removal. In the event that use of a tower-based WTF 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 WTFs or portions of WTFs shall be removed as follows:

(a)

All unused or abandoned tower-based WTFs 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.

(b)

If the WTF 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 WTF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WTF.

(c)

Any unused portions of tower-based WTFs, 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 tower-based WTF previously removed.

(19)

Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WTF, the applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WTF. Said financial security shall remain in place until the tower-based WTF is removed.

(20)

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 WTF, as well as related inspection, monitoring and related costs.

(21)

FCC license. Each person that owns or operates a tower-based WTF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(22)

Insurance. Each person that owns or operates a tower-based WTF greater than 50 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 WTF. Each person that owns or operates a tower-based WTF 50 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 each tower-based WTF.

(23)

Indemnification. Each person that owns or operates a tower-based WTF 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 WTF. Each person that owns or operates a tower-based WTF 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 WTF. 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.

(24)

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

(25)

Exclusions. This section does not apply to facilities that meet the definition of small wireless communication facilities or collocated wireless communication facilities.

(26)

Inspections; reports. Upon request, wireless communications facilities shall be inspected to ensure structural integrity and compliance with applicable federal, state and local codes and regulations. Inspection reports shall be submitted to the Borough.

Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

(1)

Development regulations:

(a)

Siting and application.

[1]

A tower-based WTF may be sited in the following zoning districts, subject to the requirements of this § 300-82:

[a]

Industrial.

[2]

Each applicant proposing the construction of a tower-based WTF outside the public rights-of-way shall complete and submit an application prior to beginning construction of such WTF. Such application shall be treated as an application for a special exception and shall be evaluated by the Borough Zoning Hearing Board.

(b)

Developer's agreement. A developer's agreement, as prepared by the Borough Solicitor, shall be entered into between the Borough and the applicant. The applicant shall be responsible for all associated costs.

(c)

Location. No tower-based WTF shall be located in an area in which utilities are underground, except as permitted by this article.

[1]

The following regulations shall apply to tower-based WTFs greater than 50 feet in height: they shall only be permitted in the Industrial (I) Zoning District.

[2]

WTFs 50 feet or shorter in height shall be permitted along roadways, streets, and other rights-of-way where utilities are aboveground.

(d)

Gap in coverage. An applicant for a tower-based WTF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WTF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WTFs.

(e)

Prohibited as a sole use on a lot. A tower-based WTF shall not be permitted as a sole use on a lot subject to the minimum lot area.

(f)

Combined with another use. A tower-based WTF 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 communications facility.

[2]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WTF and guy wires, the equipment building, security fence, and buffer planting if the proposed WTF is greater than 50 feet in height.

[3]

Minimum setbacks. The tower-based WTF and accompanying equipment building shall comply with the requirements for the applicable zoning district. The minimum setback shall be a distance that is at least equal to one 1/2 times the height of the tower.

(2)

Notice. Upon submission of an application for a tower-based WTF, 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.

(3)

Co-location and siting. An application for a new tower-based WTF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WTF cannot be accommodated on an existing or approved structure or building or on Borough property. Any application for approval of a tower-based WTF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(4)

Zoning preference. The preferable location for a new tower-based WTF is within the I Zoning District. Any application seeking to place a new-tower based WTF in any other zoning district must demonstrate the reason such a location should be permitted and the demonstrated hardship if the permit were not granted for the proposed site.

(5)

Design regulations.

(a)

The WTF 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 WTF applicant shall be subject to the approval of the Borough.

(b)

Any height extensions to an existing tower-based WTF shall require prior approval of the Borough. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

(c)

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

(6)

Surrounding environs.

(a)

The WTF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WTF structure shall be preserved to the maximum extent possible.

(b)

The WTF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WTF and anchors for guy wires, if used.

(7)

Fence/screen:

(a)

A security fence having a maximum height of eight feet shall completely surround any tower-based WTF greater than 50 feet in height, as well as guy wires, or any building housing WTF equipment.

(b)

A screen of evergreen trees planted eight feet on center, and staggered in two rows, shall be located along the perimeter of the security fence surrounding any tower-based WTF greater than 50 feet in height. Existing vegetation shall be preserved to the maximum extent possible.

(8)

Accessory equipment.

(a)

Ground-mounted equipment associated to, or connected with, a tower-based WTF shall be underground or screened from public view using stealth technologies, as described above.

(b)

All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(9)

Additional antennas. As a condition of approval for all tower-based WTFs, the WTF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WTFs where technically and economically feasible. The owner of a tower-based WTF shall not install any additional antennas without obtaining the prior written approval of the Borough.

(10)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WTF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WTF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility. All sites shall have public access either through public rights-of-way or private rights-of-way secured for each site with access by the Borough or its designated professionals.

(11)

Parking. For each tower-based WTF greater than 50 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.

(12)

Bond. Prior to the issuance of a permit, the owner of a tower-based WTF outside the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Borough Solicitor, in an amount to be established by the Borough Engineer to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this article, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

(13)

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based WTF based upon visual and/or land use impact.

(14)

Inspection. The Borough reserves the right to inspect any tower-based WTF 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 WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance. Any cost incurred by the Borough for said inspections should be reimbursable by the applicant. All inspections shall be at the sole discretion of the Borough.

Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way ("ROW"):

(1)

Siting and application. A tower-based WTF in the right-of-way shall be a conditional use in all residential, commercial, industrial, and industrial mixed-used zoning districts, subject to the requirements of this § 300-82, and a permitted use in the following all zoning districts, subject to the requirements of this § 300-82.

(2)

Special. All applications for the location of tower-based facilities in the rights-of-way, are subject to the requirements of Chapter 265, Subdivision and Land Development, and are subject to site plan review by the Planning Commission and approval by the Municipal Council.

(3)

Prohibited in underground utility areas. Tower-based WTFs shall only be permitted along roadways, streets, and other rights-of-way where utilities are aboveground.

(4)

(5)

(6)

Co-location and siting. An application for a new tower-based WTF in the ROW shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WTF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(7)

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

[1]

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

(8)

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

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(b)

Ground-mounted equipment that cannot be undergrounded 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 the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(e)

Any underground vaults related to tower-based WTFs shall be reviewed and approved by the Borough.

(f)

Any tower-based WTF shall be located at, or as close as practicable to, the point where a side lot line intersects with a street right-of-way line.

(9)

Design regulations.

(a)

(b)

Tower-based WTFs in the public ROW shall not exceed 50 feet in height.

(c)

Any height extensions to an existing tower-based WTF shall require prior approval of the Borough and shall not increase the overall height of the tower-based WTF to more than 50 feet. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

(d)

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

(10)

Visual or land use impact. The Borough reserves the right to deny the construction or placement of any tower-based WTF in the ROW based upon visual and/or land use impact.

(11)

Additional antennas. As a condition of approval for all tower-based WTFs in the ROW, the WTF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WTFs where technically and economically feasible. The owner of a tower-based WTF shall not install any additional antennas without obtaining the prior written approval of the Borough.

(12)

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

(13)

Reimbursement for ROW use. In addition to permit fees as described in § 277-6T above, every tower-based WTF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WTF 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. The annual ROW management fee for tower-based WTFs shall be determined by the Borough and authorized by resolution of the Borough Board and shall be based on the Borough's actual ROW management costs as applied to such tower-based WTF.

(14)

Bond. Prior to the issuance of a permit, the owner of a tower-based WTF in the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount to be determined by the Borough Engineer to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this article, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

General requirements for all nontower wireless communication facilities.

(1)

The following regulations shall apply to all nontower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(a)

Permitted in all zones subject to applicable regulations. Nontower WTFs are permitted in all zones subject to the restrictions and conditions set forth in the Zoning Ordinance and as prescribed below, and subject to the prior written approval of the Borough.

(b)

Prohibited on certain structures. Nontower WTFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

(c)

Use and occupancy permit required. Applicants proposing the modification of an existing tower-based WTF shall obtain a use and occupancy permit from the Borough Zoning Office. In order to be considered for such permit, the applicant must submit a permit application to the Borough Zoning Office.

(d)

Standard of care. Any nontower WTF 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 WTF 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.

(e)

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

(f)

Wind. Any nontower WTF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronic Industries Association and Telecommunications Industry Association (ANSI/TIA/EIA-222-E Code, as amended).

(g)

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

(h)

Aviation safety. Nontower WTFs shall comply with all federal and state laws and regulations concerning aviation safety.

(i)

Radio frequency emissions. No nontower WTF may, by itself or in conjunction with other WTFs, 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.

(j)

Removal. In the event that use of a nontower WTF 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. A bond to cover the costs of removal, in a form to be approved by the Borough Solicitor and for an amount to be determined by the Borough Engineer, shall be placed with the Borough. Unused or abandoned WTFs or portions of WTFs shall be removed as follows:

[1]

All abandoned or unused WTFs 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 WTF 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 WTF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against any bond held by the Borough and against the owner of the WTF.

(k)

Timing of approval. Within 30 calendar days of the date that an application for a nontower WTF 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 on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's 90-day review period.

(l)

(m)

Insurance. Each person that owns or operates a nontower WTF 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 nontower WTF.

(n)

Indemnification. Each person that owns or operates a nontower WTF 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 nontower WTF. Each person that owns or operates a nontower WTF 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 nontower WTF. 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.

(2)

The following regulations shall apply to all nontower wireless communications facilities that substantially change the wireless support structure to which they are attached:

(a)

Permitted in all zones subject to regulations. Nontower WTFs are permitted in all zones subject to the restrictions and conditions set for the in the Borough's Zoning Ordinance and as prescribed below and subject to the prior written approval of the Borough.

(b)

Prohibited on certain structures. Nontower WTFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(c)

Permit required. Any applicant proposing the construction of a new nontower WTF, or the modification of an existing nontower WTF, shall first obtain a use and occupancy permit from the Borough Zoning Office. New construction and modifications shall be prohibited without a zoning permit. After receipt of the use and occupancy permit application, the Borough Zoning Officer shall determine whether zoning relief is necessary under the Borough Code.

(d)

(e)

(f)

(g)

Historic buildings. No nontower WTF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or is located in the Village Preservation Residential District, or has been designated by the Borough to be of historical significance.

(h)

Aviation safety. Nontower WTFs shall comply with all federal and state laws and regulations concerning aviation safety.

(i)

Maintenance. The following maintenance requirements shall apply:

[1]

The nontower WTF 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.

(j)

(k)

[1]

All abandoned or unused WTFs 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]

(l)

(m)

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 WTF 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 WTF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(n)

Bond. Prior to the issuance of a permit, the owner of a nontower WTF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $35,000 to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this article, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(o)

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

(3)

All applications for the location of non-tower-based facilities are subject to the requirements of Chapter 265, Subdivision and Land Development, and are subject to site plan review by the Planning Commission and approval by the Municipal Council.

Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

(1)

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

(a)

Such WTF does not exceed the lesser of a total maximum height of 50 feet from the existing ground elevation or the maximum height permitted in the underlying zoning district. If the planned nontower WTF exceeds this height specification, the WTF applicant shall obtain a height variance.

(b)

If the WTF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(c)

An eight-foot-high security fence 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.

(2)

Design regulations.

(a)

Nontower WTFs 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 WTF applicant shall be subject to the approval of the Borough.

(b)

Nontower WTFs, which are mounted to a building or similar structure, may not exceed a height of 10 feet above the roof or parapet, whichever is higher, unless the WTF applicant obtains a special exception.

(c)

The total height of any support structure and mounted WTF shall not exceed the maximum height permitted in the underlying zoning district.

(d)

All nontower WTF applicants must submit documentation to the Borough justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(e)

Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

(f)

Noncommercial usage exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or Internet connections at their respective residences shall be exempt from the design regulations enumerated in this article.

(3)

Removal, replacement, and modification.

(a)

The removal and replacement of nontower WTFs and/or accessory equipment for the purpose of upgrading or repairing the WTF is permitted, so long as such repair or upgrade does not increase the overall size of the WTF or the number of antennas.

(b)

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

(4)

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any nontower WTF based upon visual and/or land use impact.

(5)

Inspection. The Borough reserves the right to inspect any WTF 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 WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way ("ROW"):

(1)

Co-location. Nontower WTFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

(2)

Design requirements.

(a)

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

(b)

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

(3)

Reimbursement for ROW use. In addition to permit fees as described above, every nontower WTF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each nontower WTF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WTFs shall be determined by the Borough and authorized by resolution of the Borough Board and shall be based on the Borough's actual ROW management costs as applied to such nontower WTF.

(4)

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WTFs 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.[2]

[2]

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

(5)

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

(a)

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

(b)

Ground-mounted equipment that cannot be 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 the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(e)

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

(6)

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

(7)

Visual or land use impact. The Borough retains the right to deny an application for the construction or placement of a nontower WTF based upon visual and/or land use impact.

§ 300-83 Timing; enforcement; penalties; severability; when effective.

Approval timing: Timing of approval. The following table details the applicable timeframe of approval for each type of WCF application:

Type of WCF/Application	Notice of Incompleteness	Final Decision
Eligible facilities request	30 calendar days from receipt of application; 10 calendar days from receipt of supplemental application for subsequent notices	60 calendar days
Small WCF (collocated)	10 business days from receipt of initial or supplemental application	60 calendar days
Small WCF (new or replacement wireless support structure)	10 business days from receipt of initial or supplemental application	90 calendar days
Collocated WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	90 calendar days
Tower-based WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	150 calendar days

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.

Penalties.

(1)

Penalties. Any person violating any provision of this article shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this article and any other remedy at law or in equity, the Borough may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this article.

(2)

Determination of violation. In the event a determination is made that a person has violated any provision of this article, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Borough may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Borough may take any and all actions authorized by this article and/or federal and/or Pennsylvania law and regulations.

Severability. If any section, subsection, sentence, clause, phrase or word of this article 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 article invalid.

Effective date. This article shall become effective immediately after enactment by the Council of the Borough of Leetsdale.

Leetsdale City Zoning Code

ARTICLE XII

§ 300-78 Definitions.

§ 300-79 Telecommunications towers and telecommunications facility buildings.

§ 300-80 Small wireless communications facilities.

§ 300-81 Collocated wireless communications facilities.

§ 300-82 Wireless communications facilities.

§ 300-83 Timing; enforcement; penalties; severability; when effective.