Pleasant Hills City Zoning Code

Permitted in all zones subject to regulations. Non-Tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough Zoning Officer.

Locations restrictions. Non-Tower WCFs shall meet the following location restrictions:

Proof of ownership or agreement. The applicant shall include a copy of a written agreement for the use of the structure if the applicant is not the owner of the parcel on which the Tower-Based WCF will be constructed.

Building permit required. Applicants proposing the modification of an existing Non-Tower WCF shall obtain a building permit from the Borough Zoning Office. In order to be considered for such permit, the applicant must submit a permit application to the Borough Office. Pursuant to Code § 374-71B, no building permit shall be issued until after a site plan is submitted and formally approved by Borough Council.

Standard of care. Any Non-Tower WCF 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 ANSI Code, National Electrical Safety Code, and National Electrical Code. Any WCF 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.

Wind. Any Non-Tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended).

Height. Any Non-Tower WCF shall be designed at the minimum functional height. All Non-Tower WCF applicants must submit documentation to the Borough justifying the total height of the structure. No structure, however, shall exceed a height greater than 10 feet more than the height limitations set forth in existing Code § 374-82.

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

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. No Non-Tower WCF may, 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 Radiofrequency Electromagnetic Fields," as amended.

Aviation safety. Non-Tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Timing of approval. All reviews and determinations of approval shall be conducted in accordance with and within the time period established by the applicable telecommunications law, UCC requirements and MPC[1] provisions.

Removal. In the event that use of a Non-Tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Insurance. Each person that owns or operates a Non-Tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Non-Tower WCF.

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a Non-Tower WCF. The permit fees may be amended from time to time and the amount of the amended fees shall be set forth in the document known as the "Fee Resolution" established by Borough Council.

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Indemnification. Each person that owns or operates a Non-Tower WCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims, including, but not limited to, those for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, 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 Non-Tower WCF and each owner of property upon which a Tower-Based WCF is located. Each person that owns or operates a Non-Tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of a Non-Tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Engineer signature. All plans and drawings for all Non-Tower WCFs shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Development regulations. Non-Tower WCFs shall be co-located on existing structures, such as existing buildings or Tower-Based WCFs, subject to the following conditions:

Design regulations.

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

Non-commercial usage exemption. Borough citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this article.

Removal; replacement; modification.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this article and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Co-location. Non-Tower WCFs in the ROW shall be co-located on existing poles in the public ROW, such as utility poles or light poles.

Design requirements.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Non-Tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the PUC.

Equipment location. Non-Tower 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 ROW as determined by the Borough. In addition:

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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable PUC regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Definition. A "Tower-Based Wireless Communications Facility (Tower-Based WCF)" is a structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles, and light poles. DAS hub facilities are considered to be tower-based WCFs.

Definition. A "Monopole" is a WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.

Conditional use required. Each applicant proposing the construction of a Tower-Based WCF shall complete and submit a conditional use application as either a principal or accessory use prior to beginning construction of such WCF. Such application shall be evaluated by the Borough and subject to the proceedings of § 374-118.

Proof of ownership or agreement. The applicant shall include a copy of a written agreement for use of the land if the applicant is not the owner of the parcel on which the Tower-Based WCF will be constructed.

Historic buildings or districts. No Tower-Based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough.

Related equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 450 feet of a lot in residential use or zoned residential.

Standard of care. Any Tower-Based WCF 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 ANSI Code, National Electrical Safety Code, National Electrical Code, as adopted by the Pennsylvania Uniform Construction Code (UCC), as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any Tower-Based WCF 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.

Wind. Any Tower-Based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI, as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E Code, as amended).

Height. Any Tower-Based WCF shall be designed at the minimum functional height. All Tower-Based WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any Tower-Based WCF which is not located in the public ROW shall not exceed the requirements set forth in § 374-87.5A(2) of this article, which height shall include all subsequent additions or alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.

Restrictions in and adjacent to residential districts. No Tower-Based WCF structure shall be located within 500 feet of the property line of any parcel which is located in a residential district. Further, in the event the parcel on which the Tower-Based WCF is located is adjacent to property which is zoned for residential purposes, the structure shall not exceed a height greater than 10 feet more than the height limitations set forth in existing Code § 374-82.

Building permit and site plan approval requirements. Prior to construction, the applicant must obtain site plan approval pursuant to the requirements set forth in existing Code § 374-71 and also satisfy the requirements for grading and excavation set forth in existing Code Chapter 222.

Public safety communications. No Tower-Based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Modifications. Applicants proposing the modification of any Tower-Based WCF shall submit a building permit application to the Borough and shall not commence such modifications until the complete application has been received by the Borough.

Radio frequency emissions. No Tower-Based WCF may, 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 Radiofrequency Electromagnetic Fields," as amended.

Signs. All Tower-Based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. There shall be no other signage permitted on the WCF, except for that required by law, FCC/FAA regulations.

Lighting. Tower-Based WCFs shall not be artificially illuminated, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. 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.

Noise. Tower-Based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-Based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Timing of approval. All reviews and determinations of approval shall be conducted in accordance with and within the time period established by the applicable telecommunications law, UCC requirements and MPC[1] provisions.

Non-conforming uses. Non-conforming Tower-Based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location within one year after damage occurs, but must otherwise comply with the terms and conditions of this article. Co-location on non-conforming Tower-Based WCFs is permitted.

Removal. In the event that use of a Tower-Based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

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

Insurance. Each person that owns or operates a Tower-Based WCF greater than 45 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the Tower-Based WCF. Each person that owns or operates a Tower-Based WCF 45 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each Tower-Based WCF.

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a Tower-Based WCF, as well as related inspection, monitoring and related costs. The permit fees may be amended from time to time and the amount of the amended fees shall be set forth in the document known as the "Fee Resolution" established by Borough Council.

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the Tower-Based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this article. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Indemnification. Each person that owns or operates a Tower-Based WCF, or the property on which such WCF is located, shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims, including, but not limited to, those for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance, or removal of the Tower-Based WCF. Each person that owns or operates a Tower-Based WCF and each owner of property upon which a Tower-Based WCF is located shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of Tower-Based WCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

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

Financial security. Prior to receipt of a zoning permit for the construction or placement of a Tower-Based WCF, the applicant shall provide to the Borough financial security in the form of a letter of credit or bond sufficient to guarantee the removal of the Tower-Based WCF. The amount of said financial security shall be determined based upon industry standards for removal and shall remain in place until the Tower-Based WCF is removed.

Location. No Tower-Based WCF shall be located in an area in which all utilities are located underground, except as permitted by this article.

Site requirements. No Tower-Based WCF structure shall be located within 500 feet of the property line of any parcel which is located in a residential district. Further, in the event the parcel on which the Tower-Based WCF is located is adjacent to property which is zoned for residential purposes, the structure shall not exceed a height greater than 10 feet more than the height limitations set forth in existing Code § 374-82.

Permitted as a sole use on a lot. A Tower-Based WCF may be permitted as a sole use on a lot, provided such WCF conforms to the regulations set forth herein, and in this chapter and the following standards:

Combined with another use. A Tower-Based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

Gap in coverage. An applicant for a Tower-Based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

Co-location and siting. An application for a conditional use for a new Tower-Based WCF shall not be approved unless the Borough Council finds that the wireless communications equipment planned for the proposed Tower-Based WCF cannot be accommodated on an existing or approved structure or building, or on Borough property. Any application for a conditional use for approval of a Tower-Based WCF 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 Council that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Notice. Upon submission of an application for a Tower-Based WCF, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to Tower-Based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

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

Inspection. The Borough reserves the right to inspect any Tower-Based WCF to ensure compliance with the provisions of this article and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Tower-Based WCFs are prohibited in underground utility areas.

Location. An applicant must site Tower-Based WCFs within an existing ROW of a collector road in the Borough and meet the following requirements:

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

Notice. Upon submission of an application for a Tower-Based WCF, the Borough shall provide notice of the application to the owners of all real property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.

Co-location and siting. An application for a new Tower-Based WCF in the ROW shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a Tower-Based WCF 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 WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Borough and the requirements of the PUC.

Equipment location. Tower-Based 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 ROW as determined by the Borough. In addition:

Design regulations.

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

Location. No Tower-Based WCF shall be located in an area in which all utilities are located underground, except as permitted by this article.

The maximum total height of any Tower-Based WCF shall not exceed a height greater than 10 feet more than the height limitations set forth in existing Code § 374-82.

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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WCF when the Borough, consistent with its police powers and applicable PUC regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances: