Pittston City Zoning Code
ARTICLE XXXI
Wireless Communications Facilities
§ 480-128 Purpose.
The purposes of this section include a desire 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); 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 Declaratory Ruling and Report and Order of September 27, 2018, FCC 18-133 (rel. Sep. 27, 2018); and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq. in the City of Pittston. Moreover, the City of Pittston desires to plan and accommodate for the managed deployment of infrastructure both in and out of the public rights-of-way that is necessary to accommodate the wireless communications needs of residents, businesses and emergency service providers. While the City of Pittston recognizes the benefit of wireless communications facilities in providing high quality communications service and enhancement to its residents, businesses and emergency service providers, the City of Pittston also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.
§ 480-129 Definitions.
For definitions for wireless communications facilities and the regulations found in this article, refer to Article II.
§ 480-130 Permitted and prohibited zoning districts for wireless communication facilities (WCF).
Table 480-130(1) Permitted Zoning Districts | ||
|---|---|---|
WCF Type | Permitted Zoning District | Permitted by Right, Conditional Use (CU), or Special Exception |
Tower-based WCF located in the right-of-way (ROW) | CB, NC, I | By right |
Residential zoning districts | CU | |
Tower-based WCF where the tower is 40 feet or less in height, located out of ROW | CB, NC, I Municipally owned property in all zoning districts | By right |
Tower-based WCF where the tower is more than 40 feet in height, located out of the ROW | CB, NC, I | By right |
Church, school, public or semi-public or other institutional lots or properties in residential zoning districts | CU | |
WCF on existing structures | All districts | By right |
Eligible facilities request | ||
Table 480-130(2) Prohibited Zoning Districts | |
|---|---|
WCF Type | Prohibited Zone |
Tower-based WCF located out of the ROW | Residential lots or properties within residential zoning districts |
Tower-based WCF located in the ROW | Residential zoning districts where all public service utilities are primarily located underground within 100 feet of the proposed tower or base station |
§ 480-131 Bulk and area requirements.
Table 480-131 Bulk and Area Requirements | |||
|---|---|---|---|
WCF out of ROW | WCF in ROW | ||
Height | Tower-based WCFs shall be designed to minimum functional height. Applicants must submit documentation justifying the total height | Tower-based WCFs shall be designed to minimum functional height, not to exceed 40 feet in residential zoning districts and 60 feet in CB, NC or I Zoning Districts. Applicants must submit documentation justifying the total height | |
Lot size | Only use on lot or property: | Subject to underlying zoning district | Not applicable |
Combined with another use on lot or property: | Area needed to accommodate the WCF and guy wires, accessory equipment, and if required, security fence and landscaping and screening | ||
Setbacks | Towers: | Setback from property line, not lease lines, at least 100% to 110% of the combined height of the wireless support structure and antennas, or the applicable minimum setback in the underlying zoning district, whichever is greater | Not applicable |
Equipment buildings/cabinets: | Subject to applicable minimum accessory use or structure setback in the underlying zoning district | ||
§ 480-132 Design, construction and operations.
The following requirements shall apply to all WCFs that do not meet the definition of a small WCF.
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 shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.
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.
Collocation. All tower-based WCFs 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, the applicant shall agree to allow other service providers to collocate 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 and is subject to approval by the City.
F.
Lighting. Towers shall not be artificially lighted beyond what is required by law.
G.
Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by Chapter 322 of the City Code. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.
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 City of Pittston 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.
(8)
The requirement for vehicular access may be waived by the City of Pittston when such vehicular access would not be appropriate or feasible.
I.
Fencing. A security fence 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 40 feet in height, including guy wires, associated equipment, and buildings. The requirement for a security fence may be waived by the City of Pittston when the fence would not be appropriate or feasible.
J.
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.
K.
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 City of Pittston's 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.
L.
Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
M.
Inspections for all WCFs where the new tower is more than 40 feet in height.
(1)
A copy of any required inspection report shall be provided to the City 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 City.
N.
Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.
§ 480-133 Aesthetics, landscaping, and screening.
A.
Stealth technology. All WCFs shall employ the most current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.
B.
Landscaping and screening. An applicant for a tower-based WCF where the new tower is more than 40 feet in height, located outside of the right-of-way, 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 extent practicable.
(2)
Ground-mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the City.
§ 480-134 Replacement, collocation, 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, collocation or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the City 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 City.
C.
Any substantial change to an existing tower-based WCF shall require conditional use approval of the City in accordance with the terms of this section.
D.
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 City of Pittston building Zoning Officer for compliance with the building code.
§ 480-135 Permit requirements.
A.
Collocation analysis. An application for a new tower-based WCF where the new tower is more than 40 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 collocated on an existing structure or building within a one-half-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. If the proposed WCF is to be attached to a wireless support structure owned by a person other than the applicant, the applicant shall submit proof of a valid pole attachment agreement or other authorization permitting the applicant to attach its proposed WCF to the wireless support structure.
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 applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
F.
Insurance.
(1)
Each person that owns or operates a non-tower WCF or small WCF shall annually provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the WCF.
(2)
Each person that owns or operates a tower-based WCF shall provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(3)
Notwithstanding the foregoing, a wireless provider may self-insure the required insurance under the same terms and conditions as outlined above.
G.
Review timeframes.
Table 480-135 WCF Review Timeframes | ||
|---|---|---|
The City shall notify the applicant in writing of information that may be required to complete application | The City shall approve or deny the application unless a shorter time period is applicable under the PA MPC[1] | |
New tower-based WCFs | Within 30 calendar days of the date the application was filed with the City | Within 150 days of submission of the complete application for a WCF |
Non-tower WCFs | Within 30 calendar days of the date the application was filed with the City | Within 90 days of submission of a complete application for a WCF |
Small WCF (requiring new wireless support structure) | Within 10 calendar days of the date the application was filed with the City | Within 90 days of submission of a complete application for a WCF |
Small WCF (collocated) | Within 10 calendar days of the date the application was filed with the City | Within 60 days of submission of a complete application for a WCF |
Eligible facilities requests | Within 30 days of the date the application was filed with the City | Within 60 days of submission of a complete application for a WCF |
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Fees. Fees assessable by the City of Pittston for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established by the governing body by resolution from time to time.
§ 480-136 Discontinuation, abandonment and removal.
A.
In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the City 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 six months of the cessation of operations at the site unless a time extension is approved by the City.
(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 municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
(3)
Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations.
§ 480-137 Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications facilities:
A.
Nonconforming wireless support structures. Small WCFs shall be permitted to collocate upon nonconforming towers and other nonconforming structures. Collocation of WCFs upon existing towers is encouraged even if the tower is nonconforming as to use within a zoning district.
B.
Safety in rights-of-way.
(1)
Schedule of operations. The City of Pittston shall determine the time, place and manner of siting, design, construction, maintenance, repair, modification, removal and/or replacement of all small 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 City of Pittston and the requirements of the Public Utility Code.[1]
[1]
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 City of Pittston, or such longer period as the City determines is reasonably necessary of such shorter period in the case of an emergency, an owner of a small WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the City of Pittston, consistent with the lawful exercise of 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 City of Pittston 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 City of Pittston.
(e)
No permit is required for such removal, relocation, change or alteration ordered by the City of Pittston.
(3)
Visual obstruction. All small 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 City of Pittston. 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.
C.
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the City.
D.
Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
E.
Public safety communications. Small WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
F.
Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
G.
Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
H.
Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the City.
I.
Design standards. All small WCFs in the City shall comply with the requirements of the City small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the City Office of Zoning, Stormwater, and Floodplain Management.
J.
Relocation or removal of facilities. Within 90 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with the lawful exercise of its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
(2)
The operations of the City or other governmental entity in the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement; or
(4)
An emergency as determined by the City.
K.
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the City's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each small WCF shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
L.
Insurance. Each person that owns or operates a small WCF shall provide the City Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the small WCF. Notwithstanding the foregoing, a wireless provider may self-insure the required insurance under the same terms and conditions as outlined above.
M.
Indemnification. Each person that owns or operates a small WCF shall, at its sole cost and expense, enter into an agreement to indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the small WCF. Each person that owns or operates a small WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a small WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification except to the extent that such liabilities, damages or claims are a result of the gross negligence or willful misconduct of the City or any of its agents.
