North Wales City Zoning Code

ARTICLE XVII

Wireless Communications Facilities

§ 208-79 Wireless communications facilities.

Intent:

To establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Borough of North Wales.

To promote the health, safety, and welfare of Borough residents and businesses with respect to wireless telecommunications facilities.

To provide for the managed development of wireless telecommunications facilities in a manner to provide adequate wireless telecommunications services within the Borough in accordance with federal and state laws and regulations.

To establish procedures for the design, siting, construction, installation, maintenance, and removal of wireless telecommunications facilities in the Borough, including facilities both inside and outside the public rights-of-way.

To address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other wireless telecommunications facilities.

To encourage the co-location of wireless telecommunications facilities on existing structures rather than the construction of new wireless support structures.

To protect Borough residents from potential adverse impacts of wireless telecommunications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Applicability.

New wireless telecommunications facility structures. All new wireless supports and wireless telecommunications facilities in the Borough, not in existence on the effective date of this article, shall be subject to these regulations.

Previously approved wireless telecommunication facilities. Except with regard to additions or substantial modifications, wireless telecommunication facilities in existence prior to the effective date of this article, if previously approved by the Borough, shall not be required to meet the requirements of this article.

Amateur radio station operators or receive-only antennas. This article shall not govern any support structure, or the installation of any antenna array, that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only and/or noncommercial antennas.

Application and review procedure.

Application. All applications for permits filed pursuant to this Section shall be on a form, paper or electronic, provided by the Borough. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.

Application requirements. Any application submitted pursuant to this Section shall contain the following:

The wireless provider's name, address, telephone number, and e-mail address;

The applicant's name, address, telephone number, and e-mail address, if different than the wireless provider, and its interest in the work;

The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

Proof of the site owner's consent, if the applicant is not the owner of the site on which the applicant seeks to locate a commercial telecommunications facility.

A general description of the proposed work and the purposes and intent of the wireless telecommunications facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed.

An attestation that, to the best of the applicant's knowledge, the information contained in the application is true.

Supporting documentation. The following supporting documentation shall submitted at the time of initial application submission:

A site plan, with sufficient detail to show the proposed location of items the applicant seeks to install.

Drawings pertaining to installation, stamped by a licensed professional engineer, prepared by the manufacturer or applicant.

The proposed maintenance and inspection schedule.

A preliminary or a certified statement that the installation of the antennas, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event only a preliminary statement is submitted with the application, a final certified statement on noninterference will be provided and approved by the Borough prior to the issuance of a permit. A Borough-approved professional engineer shall prepare the statement.

A safety analysis and certification by a licensed professional engineer that the proposed telecommunications facility will be in compliance with all applicable FAA and FCC laws and regulations.

Proof of FCC license, including the name, address, and emergency telephone number for the operator of the facility.

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 wireless telecommunications facilities, as well as related inspection, monitoring and related costs; the applicable fee shall be in accordance with a fee schedule adopted by resolution of Borough Council.

Where applicable, fees shall be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq.

Review of applications.

Tower-based wireless telecommunications facilities. Within 30 calendar days of the date that an application for a tower-based wireless telecommunications facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. All applications for tower-based wireless telecommunications facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based wireless telecommunications facility, 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.

Non-tower wireless telecommunications facilities. Within 30 calendar days of the date that an application for a non-tower wireless telecommunications facilities is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. 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 review period.

Small wireless facility. Within 10 calendar days of the date that an application for a small wireless facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. Within 60 calendar days of receipt of a complete application for a new small wireless facility or within 30 days of receipt of a complete application collocation of a small wireless facility, 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 review period.

Incomplete applications. When an application is deemed incomplete by the Borough, the Borough shall provide written notice to the applicant, and shall identify the missing documents or information, and shall cite to the applicable rule or regulation in support. The times set forth above shall restart at zero on the date which the applicant submits all the documents and information identified by the Borough to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Borough notifies the applicant within 10 days of the supplemental submission and identifies the missing documents or information, the applicable times set forth above shall be tolled until the applicant provides the missing documents and information. The time shall restart on the date when the applicant submits all the documents and information identified by the Borough to render the application complete.

Permit scope and effect. Installation, modification, or collocation for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the Borough and the applicant agree to extend this period or a delay is caused by the lack of commercial power or communications facilities at the site. Approval of an application authorizes the applicant to:

Undertake the installation, modification, or co-location; and

Subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain the wireless telecommunications facilities for a period of not less than 10 years.

Consolidated applications option for small wireless facilities.

An applicant may submit a consolidated application for up to 20 small wireless facilities, if all the small wireless facilities in the consolidated application are substantially the same type.

If the Borough denies the application for one or more small wireless facilities in a consolidated application, the Borough may not use the denial as a basis to delay the application process of any other small wireless facility in the same consolidated application.

A single permit may be issued for siting and collocating multiple small wireless facilities spaced to provide wireless coverage in a contiguous area.

General requirements for all wireless telecommunications facilities.

Standard of care. Any wireless telecommunications facility and any associated wireless support structure shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workman-like industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and any associated wireless support structure 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.

Compliance with local, state, and federal standards. All telecommunications facilities shall meet or exceed all applicable federal, state and local laws, rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended, at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations if such changes or amendments provide for existing communications towers and/or antennas to be brought into compliance.

Wind. Any wireless support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).

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

Radio frequency emissions. No wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Lighting. Wireless supports and wireless telecommunications facilities 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.

Existing vegetation. The applicant shall ensure that existing vegetation, trees and shrubs located on the site of the proposed facility shall be preserved and/or replaced to the maximum extent possible.

Maintenance. All wireless supports and wireless telecommunications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. 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 and businesses. All modifications and utilized materials shall be nothing less than the best available technology for preventing failures and accidents. All maintenance shall be ordered and repaired by qualified maintenance and construction personnel.

Tower-based facilities outside the rights-of-way. The following additional regulations shall apply to tower-based wireless telecommunications facilities located outside the rights-of-way, which shall only be permitted upon issuance of conditional use approval by Borough Council:

Development regulations:

Prohibited in residential zones. No tower-based wireless telecommunications facility shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based wireless telecommunications facilities are permitted only in LI Limited Industrial District, pursuant to Article XI of this chapter.

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

Sole use on a lot. A tower-based wireless telecommunications facility is permitted as a sole use on a lot, subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

Combined with another use. A tower-based wireless telecommunications facility may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based wireless telecommunications facility, the equipment building, security fence, and buffer planting.

Minimum setbacks. The tower-based wireless telecommunications facility and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based wireless telecommunications facility shall be located within 500 feet of a lot in residential use or a residential district boundary.

Notice by applicant. Upon submission of an application for a tower-based wireless telecommunications facility, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.

Co-location. An application for a new tower-based wireless telecommunications facility shall not be approved unless the Borough finds that the wireless telecommunications equipment planned for the proposed tower-based wireless telecommunications facility cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based wireless telecommunications facility 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.

Design regulations:

The wireless telecommunications facility 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.

Any height extensions to an existing tower-based wireless telecommunications facility 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.

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

Telecommunications towers shall be limited to monopoles without guys. Lattice towers and any type of guyed tower are prohibited.

Fencing and screening requirements:

A security fence having a minimum height of six feet shall completely surround any tower-based wireless telecommunications facility, or any building housing wireless telecommunications facility equipment.

An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

The wireless telecommunications facility applicant shall submit a landscape plan for review and approval by the Borough Engineer for all proposed screening.

Accessory equipment:

Ground-mounted equipment associated to, or connected with, a tower-based wireless telecommunications facility shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.

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.

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

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless telecommunications facility. 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 ensure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless telecommunications facility owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Financial security. Prior to the issuance of a permit, the owner of a tower-based wireless telecommunications facility 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 financial security acceptable to the Borough Solicitor, in an amount of $100,000, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

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

Tower-based facilities in the rights-of-way. The following additional regulations shall apply to tower-based wireless telecommunications facilities located in the rights-of-way, which shall only be permitted upon issuance of conditional use approval by Borough Council:

Development regulations.

Restrictions as to placement. Unless designed as a small wireless facility, tower-based wireless telecommunications facilities are only permitted in the LI Limited Industrial District, provided they are not within 500 feet of a lot in a residential use or a residential district boundary. If designed as a small wireless facility, a tower-based wireless telecommunications facility is permitted within a residential zone or within 500 feet of a lot in residential use or a residential district boundary if proposed on a utility pole and located within 100 feet of above-ground utility lines.

Gap in coverage. An applicant for a tower-based wireless telecommunications facility shall demonstrate that a significant gap in wireless coverage or capacity exists with respect to its network in the applicable area and that the type of wireless telecommunications facility being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap shall be a factor in the Borough's decision on an application for approval of tower-based wireless telecommunications facilities in the right-of-way.

Notice by applicant. Upon submission of an application for a tower-based wireless telecommunications facility, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.

Co-location. An application for a new tower-based wireless telecommunications facility in the right-of-way shall not be approved unless the Borough finds that the proposed wireless telecommunications 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 wireless telecommunications facility 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.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based wireless telecommunications facilities 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.

Equipment location. Tower-based wireless telecommunications facilities 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 addition:

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

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.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

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.

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

Design regulations.

The wireless telecommunications facility 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.

Any height extensions to an existing tower-based wireless telecommunications facility shall require prior approval of the Borough and shall not increase the overall height of the tower-based wireless telecommunications facility to more than 150 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.

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

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

Telecommunications towers shall be limited to monopoles without guys. Lattice towers and any type of guyed tower are prohibited.

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

Damage to Borough property. A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the right-of-way. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.

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 wireless telecommunications facility in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless telecommunications facility 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:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Compensation for right-of-way use. In addition to permit fees as described above, every tower-based wireless telecommunications facility in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based wireless telecommunications facility 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 right-of-way management fee for tower-based wireless telecommunications facilities shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based wireless telecommunications facility. In default of an actual cost study completed by the Borough, the presumptively reasonable fees shall be as established by law.

Financial security. Prior to the issuance of a permit, the owner of a tower-based wireless telecommunications facility in the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in an amount of $100,000, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

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

Permitted in the CBD, TOD, and LI zoning districts subject to regulations. Non-tower wireless telecommunications facilities are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.

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

Such wireless telecommunications facility does not exceed a maximum height of 150 feet.

If the wireless telecommunications facility applicant proposes to locate the communications equipment in a separate building, the building shall comply with the dimensional requirements for the applicable zoning district.

A six-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.

Design regulations.

Non-tower wireless telecommunications facilities shall employ the most-current 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.

Non-tower wireless telecommunications facilities, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the wireless telecommunications facility applicant obtains a conditional use permit.

All non-tower wireless telecommunications facility applicants shall submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

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

Removal, replacement, modification.

The removal and replacement of non-tower wireless telecommunications facilities and/or accessory equipment for the purpose of upgrading or repairing the wireless telecommunications facility is permitted, so long as such repair or upgrade does not increase the overall size of the wireless telecommunications facility or the number of antennas.

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

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

Financial security. Prior to the issuance of a permit, the owner of each individual non-tower wireless telecommunications facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in all amount of $25,000, for each individual non-tower wireless telecommunications facility, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

Non-tower wireless telecommunications facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless telecommunications facilities located in the rights-of-way:

Authorization. Non-tower wireless telecommunications facilities designed as a small wireless facility in the right-of-way shall be permitted in all zoning districts by right when co-located on utility poles.

Underground districts. Non-tower wireless telecommunications facilities designed as a small wireless facility shall not be located in a right-of-way in which all utility installations are presently underground.

Design requirements.

Wireless telecommunications facility installations located above the surface grade in the public right-of-way, 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.

Antennas and all support equipment shall be treated to match the supporting structure. The wireless telecommunications facility shall employ the most-current stealth technology available in an effort to ensure visual compatibility with the support structure upon which they are mounted and to minimize aesthetic impact. The application of the stealth technology chosen by the wireless telecommunications facility applicant shall be subject to the approval of the Borough.

All accessory equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower wireless telecommunications facilities 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.

Equipment location. Non-tower wireless telecommunications facilities 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 addition:

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

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

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.

Any underground vaults related to non-tower wireless telecommunications facilities shall be reviewed and approved by the Borough.

Damage to Borough property. A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the right-of-way. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.

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 wireless telecommunications facility in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless telecommunications facility 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:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Compensation for right-of-way use.

Small wireless facilities. In addition to permit fees described above, the owner of the small wireless facilities shall pay an annual right-of-way management fee, which shall be in accordance with a fee schedule adopted by resolution of Borough Council.

Where applicable, fees shall be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq.

Other non-tower wireless telecommunications facilities. In addition to permit fees as described above, every non-tower wireless telecommunications facility in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each non-tower wireless telecommunications facility 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 right-of-way management fee for non-tower wireless telecommunications facilities shall be determined by the Borough and authorized by resolution of Borough Board and shall be based on the Borough's actual right-of-way management costs as applied to such non-tower wireless telecommunications facility. In default of an actual cost study completed by the Borough, the presumptively reasonable fees shall be as established by law.

Financial security. Prior to the issuance of a permit, the owner of each individual non-tower wireless telecommunications facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in all amount of $25,000, for each individual non-tower wireless telecommunications facility, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

North Wales City Zoning Code

ARTICLE XVII

Wireless Communications Facilities

§ 208-79 Wireless communications facilities.

Intent:

To establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Borough of North Wales.

To promote the health, safety, and welfare of Borough residents and businesses with respect to wireless telecommunications facilities.

To provide for the managed development of wireless telecommunications facilities in a manner to provide adequate wireless telecommunications services within the Borough in accordance with federal and state laws and regulations.

To establish procedures for the design, siting, construction, installation, maintenance, and removal of wireless telecommunications facilities in the Borough, including facilities both inside and outside the public rights-of-way.

To address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other wireless telecommunications facilities.

To encourage the co-location of wireless telecommunications facilities on existing structures rather than the construction of new wireless support structures.

To protect Borough residents from potential adverse impacts of wireless telecommunications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Applicability.

New wireless telecommunications facility structures. All new wireless supports and wireless telecommunications facilities in the Borough, not in existence on the effective date of this article, shall be subject to these regulations.

Previously approved wireless telecommunication facilities. Except with regard to additions or substantial modifications, wireless telecommunication facilities in existence prior to the effective date of this article, if previously approved by the Borough, shall not be required to meet the requirements of this article.

Amateur radio station operators or receive-only antennas. This article shall not govern any support structure, or the installation of any antenna array, that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only and/or noncommercial antennas.

Application and review procedure.

Application. All applications for permits filed pursuant to this Section shall be on a form, paper or electronic, provided by the Borough. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.

Application requirements. Any application submitted pursuant to this Section shall contain the following:

The wireless provider's name, address, telephone number, and e-mail address;

The applicant's name, address, telephone number, and e-mail address, if different than the wireless provider, and its interest in the work;

The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

Proof of the site owner's consent, if the applicant is not the owner of the site on which the applicant seeks to locate a commercial telecommunications facility.

A general description of the proposed work and the purposes and intent of the wireless telecommunications facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed.

An attestation that, to the best of the applicant's knowledge, the information contained in the application is true.

Supporting documentation. The following supporting documentation shall submitted at the time of initial application submission:

A site plan, with sufficient detail to show the proposed location of items the applicant seeks to install.

Drawings pertaining to installation, stamped by a licensed professional engineer, prepared by the manufacturer or applicant.

The proposed maintenance and inspection schedule.

A preliminary or a certified statement that the installation of the antennas, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event only a preliminary statement is submitted with the application, a final certified statement on noninterference will be provided and approved by the Borough prior to the issuance of a permit. A Borough-approved professional engineer shall prepare the statement.

A safety analysis and certification by a licensed professional engineer that the proposed telecommunications facility will be in compliance with all applicable FAA and FCC laws and regulations.

Proof of FCC license, including the name, address, and emergency telephone number for the operator of the facility.

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 wireless telecommunications facilities, as well as related inspection, monitoring and related costs; the applicable fee shall be in accordance with a fee schedule adopted by resolution of Borough Council.

Where applicable, fees shall be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq.

Review of applications.

Tower-based wireless telecommunications facilities. Within 30 calendar days of the date that an application for a tower-based wireless telecommunications facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. All applications for tower-based wireless telecommunications facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based wireless telecommunications facility, 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.

Non-tower wireless telecommunications facilities. Within 30 calendar days of the date that an application for a non-tower wireless telecommunications facilities is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. 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 review period.

Small wireless facility. Within 10 calendar days of the date that an application for a small wireless facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. Within 60 calendar days of receipt of a complete application for a new small wireless facility or within 30 days of receipt of a complete application collocation of a small wireless facility, 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 review period.

Incomplete applications. When an application is deemed incomplete by the Borough, the Borough shall provide written notice to the applicant, and shall identify the missing documents or information, and shall cite to the applicable rule or regulation in support. The times set forth above shall restart at zero on the date which the applicant submits all the documents and information identified by the Borough to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Borough notifies the applicant within 10 days of the supplemental submission and identifies the missing documents or information, the applicable times set forth above shall be tolled until the applicant provides the missing documents and information. The time shall restart on the date when the applicant submits all the documents and information identified by the Borough to render the application complete.

Permit scope and effect. Installation, modification, or collocation for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the Borough and the applicant agree to extend this period or a delay is caused by the lack of commercial power or communications facilities at the site. Approval of an application authorizes the applicant to:

Undertake the installation, modification, or co-location; and

Subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain the wireless telecommunications facilities for a period of not less than 10 years.

Consolidated applications option for small wireless facilities.

An applicant may submit a consolidated application for up to 20 small wireless facilities, if all the small wireless facilities in the consolidated application are substantially the same type.

If the Borough denies the application for one or more small wireless facilities in a consolidated application, the Borough may not use the denial as a basis to delay the application process of any other small wireless facility in the same consolidated application.

A single permit may be issued for siting and collocating multiple small wireless facilities spaced to provide wireless coverage in a contiguous area.

General requirements for all wireless telecommunications facilities.

Standard of care. Any wireless telecommunications facility and any associated wireless support structure shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workman-like industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and any associated wireless support structure 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.

Compliance with local, state, and federal standards. All telecommunications facilities shall meet or exceed all applicable federal, state and local laws, rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended, at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations if such changes or amendments provide for existing communications towers and/or antennas to be brought into compliance.

Wind. Any wireless support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).

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

Radio frequency emissions. No wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Lighting. Wireless supports and wireless telecommunications facilities 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.

Existing vegetation. The applicant shall ensure that existing vegetation, trees and shrubs located on the site of the proposed facility shall be preserved and/or replaced to the maximum extent possible.

Maintenance. All wireless supports and wireless telecommunications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. 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 and businesses. All modifications and utilized materials shall be nothing less than the best available technology for preventing failures and accidents. All maintenance shall be ordered and repaired by qualified maintenance and construction personnel.

Tower-based facilities outside the rights-of-way. The following additional regulations shall apply to tower-based wireless telecommunications facilities located outside the rights-of-way, which shall only be permitted upon issuance of conditional use approval by Borough Council:

Development regulations:

Prohibited in residential zones. No tower-based wireless telecommunications facility shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based wireless telecommunications facilities are permitted only in LI Limited Industrial District, pursuant to Article XI of this chapter.

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

Sole use on a lot. A tower-based wireless telecommunications facility is permitted as a sole use on a lot, subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

Combined with another use. A tower-based wireless telecommunications facility may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based wireless telecommunications facility, the equipment building, security fence, and buffer planting.

Minimum setbacks. The tower-based wireless telecommunications facility and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based wireless telecommunications facility shall be located within 500 feet of a lot in residential use or a residential district boundary.

Notice by applicant. Upon submission of an application for a tower-based wireless telecommunications facility, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.

Co-location. An application for a new tower-based wireless telecommunications facility shall not be approved unless the Borough finds that the wireless telecommunications equipment planned for the proposed tower-based wireless telecommunications facility cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based wireless telecommunications facility 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.

Design regulations:

The wireless telecommunications facility 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.

Any height extensions to an existing tower-based wireless telecommunications facility 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.

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

Telecommunications towers shall be limited to monopoles without guys. Lattice towers and any type of guyed tower are prohibited.

Fencing and screening requirements:

A security fence having a minimum height of six feet shall completely surround any tower-based wireless telecommunications facility, or any building housing wireless telecommunications facility equipment.

An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

The wireless telecommunications facility applicant shall submit a landscape plan for review and approval by the Borough Engineer for all proposed screening.

Accessory equipment:

Ground-mounted equipment associated to, or connected with, a tower-based wireless telecommunications facility shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.

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.

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

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless telecommunications facility. 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 ensure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless telecommunications facility owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Financial security. Prior to the issuance of a permit, the owner of a tower-based wireless telecommunications facility 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 financial security acceptable to the Borough Solicitor, in an amount of $100,000, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

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

Tower-based facilities in the rights-of-way. The following additional regulations shall apply to tower-based wireless telecommunications facilities located in the rights-of-way, which shall only be permitted upon issuance of conditional use approval by Borough Council:

Development regulations.

Restrictions as to placement. Unless designed as a small wireless facility, tower-based wireless telecommunications facilities are only permitted in the LI Limited Industrial District, provided they are not within 500 feet of a lot in a residential use or a residential district boundary. If designed as a small wireless facility, a tower-based wireless telecommunications facility is permitted within a residential zone or within 500 feet of a lot in residential use or a residential district boundary if proposed on a utility pole and located within 100 feet of above-ground utility lines.

Gap in coverage. An applicant for a tower-based wireless telecommunications facility shall demonstrate that a significant gap in wireless coverage or capacity exists with respect to its network in the applicable area and that the type of wireless telecommunications facility being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap shall be a factor in the Borough's decision on an application for approval of tower-based wireless telecommunications facilities in the right-of-way.

Notice by applicant. Upon submission of an application for a tower-based wireless telecommunications facility, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.

Co-location. An application for a new tower-based wireless telecommunications facility in the right-of-way shall not be approved unless the Borough finds that the proposed wireless telecommunications 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 wireless telecommunications facility 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.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based wireless telecommunications facilities 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.

Equipment location. Tower-based wireless telecommunications facilities 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 addition:

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

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.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

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.

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

Design regulations.

The wireless telecommunications facility 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.

Any height extensions to an existing tower-based wireless telecommunications facility shall require prior approval of the Borough and shall not increase the overall height of the tower-based wireless telecommunications facility to more than 150 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.

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

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

Telecommunications towers shall be limited to monopoles without guys. Lattice towers and any type of guyed tower are prohibited.

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

Damage to Borough property. A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the right-of-way. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.

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 wireless telecommunications facility in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless telecommunications facility 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:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Compensation for right-of-way use. In addition to permit fees as described above, every tower-based wireless telecommunications facility in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based wireless telecommunications facility 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 right-of-way management fee for tower-based wireless telecommunications facilities shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based wireless telecommunications facility. In default of an actual cost study completed by the Borough, the presumptively reasonable fees shall be as established by law.

Financial security. Prior to the issuance of a permit, the owner of a tower-based wireless telecommunications facility in the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in an amount of $100,000, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

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

Permitted in the CBD, TOD, and LI zoning districts subject to regulations. Non-tower wireless telecommunications facilities are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.

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

Such wireless telecommunications facility does not exceed a maximum height of 150 feet.

If the wireless telecommunications facility applicant proposes to locate the communications equipment in a separate building, the building shall comply with the dimensional requirements for the applicable zoning district.

A six-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.

Design regulations.

Non-tower wireless telecommunications facilities shall employ the most-current 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.

Non-tower wireless telecommunications facilities, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the wireless telecommunications facility applicant obtains a conditional use permit.

All non-tower wireless telecommunications facility applicants shall submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

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

Removal, replacement, modification.

The removal and replacement of non-tower wireless telecommunications facilities and/or accessory equipment for the purpose of upgrading or repairing the wireless telecommunications facility is permitted, so long as such repair or upgrade does not increase the overall size of the wireless telecommunications facility or the number of antennas.

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

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

Financial security. Prior to the issuance of a permit, the owner of each individual non-tower wireless telecommunications facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in all amount of $25,000, for each individual non-tower wireless telecommunications facility, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.

Non-tower wireless telecommunications facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless telecommunications facilities located in the rights-of-way:

Authorization. Non-tower wireless telecommunications facilities designed as a small wireless facility in the right-of-way shall be permitted in all zoning districts by right when co-located on utility poles.

Underground districts. Non-tower wireless telecommunications facilities designed as a small wireless facility shall not be located in a right-of-way in which all utility installations are presently underground.

Design requirements.

Wireless telecommunications facility installations located above the surface grade in the public right-of-way, 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.

Antennas and all support equipment shall be treated to match the supporting structure. The wireless telecommunications facility shall employ the most-current stealth technology available in an effort to ensure visual compatibility with the support structure upon which they are mounted and to minimize aesthetic impact. The application of the stealth technology chosen by the wireless telecommunications facility applicant shall be subject to the approval of the Borough.

All accessory equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower wireless telecommunications facilities 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.

Equipment location. Non-tower wireless telecommunications facilities 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 addition:

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

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

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.

Any underground vaults related to non-tower wireless telecommunications facilities shall be reviewed and approved by the Borough.

Damage to Borough property. A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the right-of-way. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.

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 wireless telecommunications facility in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless telecommunications facility 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:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

Compensation for right-of-way use.

Small wireless facilities. In addition to permit fees described above, the owner of the small wireless facilities shall pay an annual right-of-way management fee, which shall be in accordance with a fee schedule adopted by resolution of Borough Council.

Where applicable, fees shall be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq.

Other non-tower wireless telecommunications facilities. In addition to permit fees as described above, every non-tower wireless telecommunications facility in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each non-tower wireless telecommunications facility 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 right-of-way management fee for non-tower wireless telecommunications facilities shall be determined by the Borough and authorized by resolution of Borough Board and shall be based on the Borough's actual right-of-way management costs as applied to such non-tower wireless telecommunications facility. In default of an actual cost study completed by the Borough, the presumptively reasonable fees shall be as established by law.

Financial security. Prior to the issuance of a permit, the owner of each individual non-tower wireless telecommunications facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in all amount of $25,000, for each individual non-tower wireless telecommunications facility, to ensure the faithful performance of the terms and conditions of this article. The financial security 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 financial security with the Borough.