Mount Oliver City Zoning Code
ARTICLE 800
Supplemental Regulations
§ 260-801 Beekeeping.
1. APIARY BEEHIVE BEEKEEPING HONEYBEE
The following definitions are specific to this section.
A place where beehives are kept.
A moveable-frame enclosure for the housing of honeybees. All hives shall consist of moveable frames and combs, unless exempted by the Pennsylvania Department of Agriculture as an educational exhibit.
The use of the premises for owning and/or breeding honeybees.
All life stages of the common domestic honeybee Apis mellifera species. This term does not include any hybrid of the African honeybee (Apis mellifera scutellata) with any European honeybee, also known as an "Africanized honeybee."
2.
Beekeeping is permitted on a lot having a minimum of 5,000 square feet in size, provided that all of the following criteria are met:
A.
The property owner may keep up to two beehives. For every additional 3,000 square feet of property, the property owner is permitted to keep up to two additional beehives; however, the total number of beehives kept on the property shall not exceed 15.
B.
Beehives shall not be located in the front yard of a property, and shall be set back at least 20 feet from any property line.
C.
Beehives shall consist of moveable frames and combs, unless exempted by the Pennsylvania Department of Agriculture.
E.
Beehive entrances shall be placed in such a direction that the honeybees first fly across the property on which the beehive is located.
F.
A flyway barrier of at least six feet in height shall be provided at all places on the property line that are within 20 feet of a beehive. The flyway barrier shall consist of a solid fence or wall, dense vegetation or combination thereof. No flyway barrier is required for beehives that are located on porches or balconies at least 10 feet above grade, except where such porch or balcony is located less than five feet from a property line.
G.
Beehives shall be registered with the Pennsylvania Department of Agriculture and shall comply with all rules and best practices adopted thereby.
H.
A consistent source of water shall be provided at the apiary, unless it occurs naturally within 300 yards of the property on which the apiary is located. The water may be "sweetened" with mineral salt or chlorine to enhance its attractiveness so as to discourage honeybee visitation at swimming pools, hose bibs, animal watering sources, birdbaths or where people congregate.
I.
Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance.
J.
Tenants shall have the express, written consent of the property owner to keep any beehive on the property.
§ 260-802 Home occupation.
The following regulations shall apply to all applications for a home occupation.
1.
There shall be no sign or other exterior evidence of the use.
2.
No more than 15% of the floor area of the dwelling shall be devoted to the conduct of a home occupation.
3.
A home occupation shall not be permitted to be conducted in any accessory structure.
4.
The use shall not create any additional environmental impact than those impacts normally resulting from residential use.
5.
The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
6.
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.
7.
There shall be no use of materials or equipment except those of similar power and type normally used in a residential dwelling for domestic or household purposes.
8.
There shall be no storage of materials or equipment outside an enclosed building.
9.
The conduct of any home occupation, including, but not limited to, the storage of goods or equipment, shall not reduce or render unusable any area required for enclosed parking for the dwelling unit.
10.
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
11.
Any need for parking on a regular basis which is generated by the conduct of a home occupation and which exceeds the parking usually associated with a residential dwelling shall be provided for on the lot and shall not be permitted on the street.
12.
Commercial vehicles shall not be parked on the premises.
13.
There shall be no regular display of merchandise available for sale on the premises, other than samples of articles produced by residents of the dwelling; however, merchandise, whether produced on or off the premises, may be stored on the premises for pickup or delivery.
14.
The home occupation shall not involve the use of advertising signs on or off the premises or the use of any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a phone number.
15.
Day care, as defined by this chapter, may be permitted as a home occupation, provided that:
A.
All of the foregoing standards for a home occupation are met.
B.
An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.
C.
A safe area shall be provided for dropping off and picking up children, which does not obstruct the free flow of traffic on any public street.
D.
Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.
E.
Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00 p.m. for customer/client traffic.
§ 260-803 Keeping of farm animals.
1.
"Farm animal" is defined as an animal used for the production of human and animal food and feed, fiber, skin and hide and, to the extent that they are used in farm work, bullocks and horses used in the hauling of freight and for transport.
2.
The keeping of farm animals is not permitted in any zoning district except that the keeping of chickens is permitted on property in residential (R and RMU) districts, provided that the following requirements are met:
A.
No chickens are permitted on lots smaller than 5,000 square feet in size.
B.
On lots 5,000 square feet in size or greater, a maximum of three chickens are permitted to be kept on the lot.
C.
For every additional 2,000 square feet of property, the owner or resident is permitted one additional chicken to a maximum of six chickens.
D.
No roosters are permitted.
E.
All chickens must be kept within an enclosure at all times.
F.
Chickens must be kept in the rear lot only.
G.
All areas, enclosures and structures where chickens are kept shall be kept in good repair and general cleanliness.
H.
Chickens shall be housed in a coop.
I.
Any coop or any structure for poultry manure storage shall not be located in the front yard of a lot.
J.
Any coop or structure for poultry must meet the established setbacks for accessory uses for the relevant zoning district.
K.
All coops shall be at least six square feet in size, and at least an additional two square feet in size for each chicken over one chicken.
L.
There shall be unenclosed space of at least 10 square feet per chicken on the lot.
M.
The chicken coop shall be vermin- and predatorproof, watertight and easy to clean.
N.
The chicken coop shall have adequate ventilation.
O.
The chicken coop and any unenclosed area in which the chickens may be placed shall be entirely surrounded by a fence, such that the chickens are not free to roam off of the lot.
P.
The chicken coop may be movable.
Q.
Waste must be disposed of properly, either through composting or in an enclosed container.
R.
Chickens shall be kept for personal use only. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes is prohibited.
S.
Butchering of chickens is prohibited.
§ 260-804 Mobile home parks.
The procedure for submission, review and approval of a proposed mobile home park shall be in accordance with the Borough's Subdivision and Land Development Ordinance[1] and also comply with the following:
1.
Minimum site area: five acres.
2.
Maximum dwelling unit density: 5.6 units per acre.
3.
Minimum lot area: 7,800 square feet.
4.
Minimum site width: 100 feet for portions used for general vehicular entrances and exits; 200 feet for portions containing dwelling lots.
5.
Minimum lot width: 60 feet.
6.
Minimum front yard: 35 feet from any interior road or right-of-way.
7.
Minimum side and rear yards: 15 feet to any property line other than those adjoining a residential or mixed-use zoning district, in which case the required yard shall be 30 feet.
§ 260-805 Residence in combination with business.
The following regulations shall apply to all residences that are in combination with a business:
1.
Dwelling units shall not be permitted on the street floor of a commercial building.
2.
Dwelling units shall not be permitted in basements, garages or any other accessory buildings.
3.
Off-street parking shall be provided on the lot in accordance with the ratios for each use specified in this chapter. Shared parking for residential and commercial uses shall not be permitted.
§ 260-806 Solar energy facilities accessory to residential or commercial use.
1.
Borough zoning approval is required for the construction of any solar energy facility that is an accessory use on any site or lot.
2.
The zoning permit application shall indicate the location of the proposed facility, including the percentage of roof coverage, if the facility is mounted on a building.
3.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.
4.
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
5.
Noise from any solar energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.
6.
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Borough.
7.
To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.
8.
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
9.
Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
10.
Solar energy facilities shall not display advertising, except for reasonable identification of the facility manufacturer.
11.
Transmission and power lines shall be placed underground or out of sight.
12.
Where installed on the roof of a building, no solar energy facility shall be installed such that more than 50% of each roof area is covered by the facility.
13.
No solar energy facility or facilities may exceed in total 30% of the total lot or site area.
14.
Solar energy facilities shall meet the accessory structure setbacks that may apply in the zoning district within which the facility is constructed and where no such setback is specified, the facility shall be no closer than 10 feet from any property line.
15.
No facility shall be attached to a tree or any other natural object or structure not intended to support such a facility, except that facilities may be appropriately attached to buildings capable of accommodating them.
16.
No facility shall be installed immediately adjacent to a swimming pool or other open body of water.
§ 260-807 Wind energy facilities accessory to residential or commercial use.
1.
Borough zoning approval is required prior to the construction of any wind energy facility on any site or lot.
2.
The zoning permit application shall indicate the location of the proposed facility.
3.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.
4.
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
5.
Noise from any wind energy facility shall not exceed 15 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.
6.
Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Borough.
7.
To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.
8.
All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
9.
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
10.
Wind energy facilities shall not display advertising, except for reasonable identification of the facility manufacturer.
11.
Transmission and power lines shall be placed underground or out of sight.
12.
Setbacks.
A.
From buildings: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any moveable or immobile part; except where the facility is mounted to a building, the setback shall not be required between the facility and the building to which it is attached.
B.
From property lines: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any moveable or immobile part.
C.
From public roads: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any moveable or immobile part.
D.
Each vertically oriented wind energy facility mounted on a building shall be separated from any other wind energy facility by 1.1 times the height of the facility, measured from the point at which the facility is mounted to the building, to the highest reach of any moveable or immobile part of the facility.
E.
Any wind energy facility that is an accessory structure shall meet the applicable accessory structure setbacks that may apply in the zoning district within which the facility is constructed, and where no such setback is specified the facility shall be no closer than 10 to from any property line or the distance set forth above, whichever is greater.
13.
Maximum height. Where the facility is an independent structure and not mounted to a building, 50 feet maximum height in residential zoning districts and 120 feet maximum height in commercial districts, measured from ground level to the tip of the wind energy facility's blade fully extended perpendicular to the ground plane. Where the facility is mounted to a building, the maximum height shall be 10 feet higher than the tallest point on the building.
14.
Minimum vertical clearance between ground level and the lowest moveable component of the wind energy facility when at its lowest point: 15 feet.
15.
The color shall be a neutral and nonreflective tone, such as white, off-white, or gray. The facility coloring shall be solid and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than five square feet.
§ 260-808 Wireless communications facilities.
1.
Purpose. The purpose of this chapter is to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);[1] 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 FCC Declaratory Ruling and Third Report and Order, WT Docket 17-79, WC Docket 17-18, adopted September 26, released September 27, 2018; and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq. in the Borough of Mount Oliver. Moreover, the Borough desires to plan and accommodate for 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 the Borough recognizes the benefit of wireless communications facilities in providing high quality communications service and enhancement to its residents, businesses and emergency service providers, the Borough also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
2. ACCESSORY EQUIPMENT ANTENNA BASE STATIONA. B. C. D. CO-LOCATION DISTRIBUTED ANTENNA SYSTEM (DAS) ELIGIBLE FACILITIES REQUEST ELIGIBLE SUPPORT STRUCTURE EQUIPMENT COMPOUND FT. WORTH ATTACHMENT MINIMUM FUNCTIONAL HEIGHT MODIFICATION MONOPOLE REPLACEMENT RIGHT-OF-WAY (ROW) SITE SMALL WIRELESS FACILITIESA. 1) 2) 3) B. C. D. E. F. STEALTH TECHNOLOGY STRUCTURE SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGEA. B. C. D. TOWER TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCFs) TRANSMISSION EQUIPMENT WCF ON EXISTING STRUCTURE WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions. The definitions found herein apply only to wireless communications facilities and the regulations found in this section.
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 equipment.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this article or any equipment associated with a tower.
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 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.
The term does not include any structure that, at the time the relevant application is filed with the Borough under this section, does not support or house equipment described in Subsections A or B of this definition.
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
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:
Any tower or base station, provided that it is existing at the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
A non-free-standing pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function satisfactorily.
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. The replacement of a pole is not a modification.
A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
The replacement of 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 of and space above and 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, municipality or municipal authority, and any nonexclusive 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.
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.
Also referred to herein as "small cells," consistent with 47 CFR 1.1312(e)(2),[2] are facilities that meet each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or
Are mounted on structures no more than 10% taller than other adjacent structures; or
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of antenna in 47 CFR 1.1320(d)], is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration under part 17 of this chapter;[3]
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 radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less 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, light poles, utility poles or flagpoles, and eliminating, minimizing or hiding wires, equipment installed on or near monopoles or wireless support structures in connection with antennas placed thereon.
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower 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 involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure 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 preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current site.
Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission-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, flagpole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment, 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, flagpole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.
Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as a microwave backhaul.
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, flagpoles 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.
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.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to 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 municipality.
3.
Zoning district regulations for wireless communications facilities (WCF). Tower-based WCFs outside the ROW are:
A.
Permitted as a conditional use in the C - General Commercial District.
B.
Permitted on Borough-owned property in nonresidential zoning districts which shall be exempt from zoning with respect to tower-based WCFs, such that no zoning approval need be obtained for such use, but provided that such use shall remain subject to any applicable Uniform Construction Code requirements.
C.
Prohibited in all other districts.
4.
Tower-based WCFs within the right of way are permitted as a use by right, subject to application requirements stated herein, in all districts, provided that the following criteria are all met:
A.
The WCF is a small wireless facility.
B.
The WCF's non-antenna accessory equipment is all underground or pole-mounted.
C.
The applicant demonstrates that location on existing poles or other structures is not feasible or that replacing an existing pole or structure with a new tower better complies with the aesthetic requirements of Subsection 9.
D.
The application meets the criteria at Subsection 11.H.1) through 4).
E.
In a residentially zoned district:
F.
Tower-based WCFs shall not be located between the front facade of a residential dwelling structure and the street the lot fronts on, except for equipment cabinets located underground.
G.
Tower-based WCFs shall be located at, or as close as practicable to, the point where a side lot line intersects the street right-of-way line. The Borough may waive or adjust this requirement where such a side point poses a hazard to motorists, pedestrians or bicyclists, or is undesirable due to visual impact, proximity to a driveway or for other good cause.
5.
Non-tower-based WCFs are permitted by right, subject to application requirements stated herein, in all districts, except that:
A.
No non-tower-based WCF shall be located, in any zoning district, on a single-family attached dwelling, single-family detached dwelling, townhouse or structure accessory to any of the above; and
B.
No ground-mounted equipment shall be located on a lot in a residentially zoned district unless the equipment is screened by landscaping and plantings or other decorative features so as to be substantially screened from the street or from any abutting property.
C.
Eligible facilities requests that do not substantially change the tower or base station are permitted by right in all zoning districts.
6.
Bulk and area requirements. The following requirements shall apply to tower-based WCFs and shall supersede any conflicting or inconsistent similar requirements of the underlying zoning district.
Table 6 - Tower-Based WCF Bulk and Area Requirements | |||
|---|---|---|---|
TOWER-BASED WCF | |||
WCF out of ROW | WCF in ROW | ||
Height | Tower-based WCFs shall be designed to minimum functional height, but not to exceed 200 feet Applicants must submit documentation justifying the total height Equipment buildings, cabinets and accessory structures shall not exceed 15 feet in height | Tower-based WCFs shall be designed to minimum functional height, not to exceed 50 feet; applicants must submit documentation justifying the total height | |
Lot size | Only use on lot | Subject to underlying zoning district | Not applicable |
Combined with another use on lot | Subject to underlying zoning district; area needed to accommodate the WCF and guy wires (if approved), equipment building or cabinets, security fence, and buffer planting must not extend outside the lot | Not applicable | |
Setbacks | Towers: | Setback from property lines at least 100% of the combined height of the wireless support structure and antenna, or the applicable minimum building setback in the underlying zoning district, whichever is greater | Not applicable |
Equipment buildings/cabinets: | Subject to applicable minimum building setback in the underlying zoning district | Not applicable | |
Location | Towers, equipment buildings/cabinets | Shall not be located between front facade of the principal structure and the street the lot fronts on, except for equipment cabinets located underground | Not applicable |
7.
Bulk and area requirements. The following requirements shall apply to non-tower-based WCFs and shall supersede any conflicting or inconsistent similar requirements of the underlying zoning district.
Table 7 - Non-Tower-Based WCF Bulk and Area Requirements | |||
|---|---|---|---|
Non-Tower-Based WCF | |||
WCF out of ROW | WCF in ROW | ||
Height | On building or similar structure: | WCF shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a variance. | Not applicable |
On electrical transmission towers, streetlights, utility poles, traffic signals, signs and similar structures: | WCF shall not exceed a height of 5 feet above the supporting structure. | WCF located above the surface grade shall be designed at the minimum functional height and shall not exceed a height of 5 feet above the supporting structure; pole-mounted equipment and components shall not be placed so low as to be a hazard to motorists or pedestrians | |
Setbacks | Mounted antenna: | Not applicable | Not applicable |
Equipment buildings/cabinets: | WCF Equipment buildings/cabinets shall comply with the applicable minimum building setback requirements in the underlying zoning district. | Not applicable | |
Lot size | Subject to applicable minimum lot size in the underlying zoning district | Not applicable | |
8.
Design, construction and operations.
A.
All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes.
B.
Subdivision plan approval is not required for WCF installation.
C.
All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.
D.
Co-location. All tower-based WCFs where the tower is more than 50 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs more than 50 feet in height, the applicant shall agree to allow other service providers to co-locate antennas on the tower where technically and economically feasible.
E.
Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising, shall not protrude from the tower or WCF, and is subject to approval by the Borough. For tower-based WCFs outside of the right-of-way, the sign shall not exceed two square feet in area. For all other WCFs, the sign shall be limited to the maximum necessary size to provide the required information in a readable manner.
F.
Lighting. Towers shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect to surrounding properties as is permissible while still meeting state or federal requirements.
G.
Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by § 12.14.3 of this chapter.[4] The use of a backup generator is prohibited, except that, in emergency situations and for periodic maintenance and testing by the wireless communications provider's technicians, such use shall be permitted, where such noise standards may be exceeded on a temporary basis.
[4]
Editor's Note: So in original.
H.
Vehicular access.
1)
An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way.
2)
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
3)
Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.
4)
Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
5)
An applicant 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.
6)
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.
7)
Vehicular access to all 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.
I.
Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet may be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 50 feet in height, including guy wires, associated equipment, and buildings.
J.
Safety in rights-of-way.
1)
Schedule of operations. The Borough shall determine the time, place and manner of siting, design, construction, maintenance, repair, Modification, removal and/or replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way 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.[5]
[5]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
2)
Alteration of a WCF. Within 60 days following written notice from the Borough, or such longer period as the municipality determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
a.
The construction, repair, maintenance or installation of any municipal or other public improvement located 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.
d.
An emergency as determined by the Borough.
e.
No permit is required for such removal, relocation, change or alteration ordered by the Borough.
3)
Visual obstruction. All WCFs 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 right-of-way as determined by the Borough. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.
K.
Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.
L.
Soil report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, to the Borough Engineer prior to construction, to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.
M.
Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
N.
Inspections for all WCFs more than 50 feet in height.
1)
A copy of any required inspection report shall be provided to the Borough following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Borough. Repairs that are deemed to be emergency repairs by the Borough must be completed as soon as possible.
O.
Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.
P.
Historic sites. No WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or has been given a historic designation by the Borough. This prohibition may be waived by the Zoning Hearing Board for special exception and by the Board of Commissioners for other applications, if the applicant can demonstrate that the proposed location is less visually obtrusive than other potential sites. This prohibition shall not apply to a WCF installation permitted by FCC regulations.
9.
Aesthetics, landscaping, and screening.
A.
Stealth technology. All WCFs shall employ the most current stealth technology available, where appropriate and technically feasible, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Ground-mounted equipment, buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable, with landscaping or other screening provided as appropriate to the surrounding neighborhood. For all WCFs, the antennas shall match the pole in color to the extent technically feasible and where painting will not interfere with the signal transmission. In the case of a tower-based WCF, compliance with this section may be evidenced by the following, where technically feasible:
1)
The tower shall have such color as may be commercially and technically feasible to achieve and as may be required by the Borough Zoning Officer to avoid unsightly or out-of-character deployments.
2)
The tower shall comply with Federal Aviation Administration and Pennsylvania Bureau of Aviation lighting standards and shall not be artificially lighted unless required by those agencies.
3)
For new metal poles supporting a small cell antenna, the pole color and design shall match as nearly as practical those existing surrounding poles or shall, where commercially and technically feasible, be such color as required by the Borough Zoning Officer to avoid unsightly or out-of-character deployments.
B.
Landscaping and screening. An applicant for tower-based WCF outside of the right-of-way more than 50 feet in height shall submit a landscaping and screening design, including the following:
1)
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the maximum extent possible.
2)
Ground-mounted equipment must be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Borough. Where the site abuts a residential zoning district, public property or street, a buffer area shall be provided along the perimeter abutting the residential district to include at minimum two staggered rows of evergreen trees a minimum of six feet in height, which trees shall be replaced with trees of at least six feet in height when dead or damaged.
C.
Associated equipment.
1)
All equipment associated with a WCF located aboveground must be enclosed and all wires and cables must be housed in shrouds, risers or conduits. To the extent commercially and technically feasible, all equipment shall be of the same color and the color shall match as closely as possible the color of the pole or upright structure to which it is mounted, and to avoid unsightly and out-of-character developments.
2)
The maximum width and depth of any piece of associated equipment may not exceed 1 1/2 times the diameter of the pole on which it is to be located, unless the applicant proves that no reasonable alternative exists.
3)
Antennas must be screened with a radome or similar concealment technique that covers the entire antenna, cables, connectors and hardware, where such screening will not interfere with transmission/reception capabilities of the antenna.
4)
Pole-mounted equipment other than cabling must be located at least eight feet above the ground.
10.
Replacement, co-location, or modification.
A.
Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this subsection, an application for replacement, co-location or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Borough 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, provided that there is no substantial change.
B.
Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Borough.
C.
Any substantial change to an existing tower-based WCF shall require approval of the Borough in accordance with the terms of this section.
D.
Mounting. An applicant proposing a WCF-on-existing-structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF-on-existing-structure will be mounted on the existing structure for review by the Borough building Code Official for compliance with the Building Code.
11.
Permit requirements.
A.
Co-location analysis. An application for a new tower-based WCF more than 50 feet in height and located outside of the right-of-way, shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be co-located on an existing structure or building within a 1/2 mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.
B.
Gap in coverage or lack of adequate capacity. An applicant for a tower-based WCF where the new tower that is more than 40 feet in height, located outside of the right-of-way, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area.
C.
Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.
D.
Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.
E.
Emissions. The proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
F.
Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.
G.
Review time frames. The table below provides the time frames that shall be adhered to for the installation of a WCF.
WCF Review Time Frames | |||
|---|---|---|---|
Type of Application | Borough shall notify the applicant, in writing, of any information that may be required to complete the application: | Borough shall approve or deny the application, unless a shorter time period is applicable under the PA MPC[6] | |
A | Co-locate small cell on existing structure | Within 10 days after application is submitted | Within 60 days of submission of complete application |
B | Co-locate a facility other than a small cell using an existing structure | Within 30 days after application is submitted | Within 90 days of submission of complete application |
C | Deploy small cell using a new structure | Within 30 days after application is submitted | Within 90 days of submission of complete application |
D | Eligible facilities requests** (as defined herein) | Within 30 days after application is submitted | Within 60 days* of submission of complete application |
E | New tower-based WCF (not covered by A through D above) | Within 30 days after application is submitted | Within 150 days of submission of a complete application |
* | The time period may be tolled by mutual agreement or in cases where the Borough informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Borough provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed. |
** | The Borough shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility. |
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Applications.
1)
Applications will include all applicant information required by the Borough, in such number and format as the Borough may direct.
2)
A fully dimensional site plan, plans and elevations drawn to scale shall be submitted, showing.
3)
Visual impact demonstrations using photographic simulations of the proposed WCF as seen from reasonable surrounding locations and angles, and showing the color of all equipment.
4)
A written description of all stealth technology to be employed, and landscaping or screening plans.
I.
Application fees.
1)
Applications for WCFs shall be accompanied by the nonrefundable application fees may be adopted by resolution of the Borough Council from time to time.
2)
In addition to the nonrefundable fees established by the Borough Council, a non-small-cell applicant shall reimburse the Borough for all reasonable costs of its Engineer, Solicitor and other experts or consultants in connection with review of the application. An initial deposit towards such review fees of $1,000 for a new, non-small-cell tower outside or inside the ROW shall accompany the application and be applied to reimbursable review fees as they are incurred. If at any time the remaining deposit balance is below 50% of the initial deposit, then applicant shall replenish the account up to the original amount. If the amount deposited exceeds the Borough's actual review costs, the remaining balance shall be refunded to the applicant.
3)
In addition to the application fees, the applicant shall pay any generally applicable fees pertaining to applications for special exceptions, conditional uses, variances or any other type of zoning application.
12.
Discontinuation, abandonment and removal.
A.
Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator 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 of WCFs shall be removed as follows:
1)
All unused or abandoned WCFs and accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Borough. In the case of towers, the foundation must also be removed.
2)
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 Borough's costs in connection with removal, including professional or consultant fees, and the cost of removal work and site remediation, may be assessed against the owner of the WCF or the property upon which the WCF was located.
3)
Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations.
4)
As long as any portion of a WCF, whether used or unused, remains in the ROW, including but not limited to a tower foundation, the annual fee for use of the ROW established, pursuant to Subsection 13, shall be owed for any year or part of a year during which the ROW is so occupied by the WCF or portion thereof.
13.
Reimbursement for right-of-way use. In addition to permit application fees, every WCF in the right-of-way is subject to the Borough's right to impose annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such annual fee shall be directly related to the Borough's costs of owning, maintaining, managing the right-of-way and to the loss of use to the Borough of that portion of the right-of-way consumed by the WCF. Fees for use of the right-of-way shall be established by the Borough Council by resolution from time to time.