Red Hill City Zoning Code
PART 4
GENERAL REGULATIONS
§ 27-401 Limit of One Principal Use.
[Ord. 300, 12/4/1984, § 4.1]
No more than one principal use shall be permitted on a lot, unless specifically permitted by this Chapter.
§ 27-402 Principal Buildings.
[Ord. 300, 12/4/1984, § 4.2]
1.
Street Frontage Required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Borough standards.
2.
Two or More on a Lot. Two or more principal buildings on a lot shall:
A.
Be separated by a distance at least equal to twice the required side yard for that district.
B.
Conform to the standards and improvements required for land developments.
§ 27-403 Maximum Height of Buildings.
[Ord. 300, 12/4/1984, § 4.3]
No building shall exceed the maximum building height standard specified in the relevant district regulations of this Chapter, except that such standard shall not apply to farm structures, silos, water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), windmills, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures shall not diminish the solar access of other properties.
§ 27-404 Special Lot and Yard Requirements.
[Ord. 300, 12/4/1984, § 4.4; as amended by Ord. 434, 1/12/2005]
1.
In General.
A.
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Chapter.
B.
No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this Chapter), if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
A.
Nonconforming Lots. See § 27-406.
B.
Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear lot line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width except in the following situations: on culs-de-sac or courts or street center line curves of less than 300 feet radius where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
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C.
Through Lots. Front yards shall be provided along all portions of a through lot abutting any street, except where a provision of a different yard will comply with the prevailing front yard pattern on adjoining lots.
D.
Corner Lots. Front yards shall be provided along all portions of a corner lot abutting any street, except where the provision of a different yard will comply with the prevailing yard pattern on adjoining lots (but shall not be less than 10 feet).
E.
Front Yards. The front yard of a lot between two lots (each having a principal building within 20 feet of the lot) may be reduced to a depth equal to that of the greater of the two adjoining lots, except that the front yard shall not be less than 10 feet.
F.
Projections Into Yards. The following projections into required yard areas shall be permitted provided that no projection (except for patios) in an R-1A, R-1, R-2 or R-3 Residential District shall be less than five feet from any side or rear lot line or 15 feet from any front lot line:
(1)
Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves or other architectural features not required for structural support may project into the required side, front or rear yard not more than three feet.
(2)
Patios may be located in the required side and rear yards not closer than three feet to any adjacent property line, and may project into front yards not closer than 10 feet to the street right-of-way line.
3.
Visibility at Intersections. On a corner lot, within the triangular area determined as provided in this Section, no wall or fence or other structure shall be erected to a height in excess of two feet and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed and no hedge, shrub or other growth, shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each street center line, each of which points is 75 feet from the intersection of such street center line. Such triangular area at four-way-stop intersections shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each center line, each of which points is 40 feet from the intersection of such street center line.
[Amended by Ord. 2015-516, 5/13/2015]
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4.
Buffer Yards. Any nonresidential use which borders any R-1, R-2 or R-3 Residential District shall provide buffer yards which comply with the following standards:
A.
Size, Location.
(1)
A twenty-foot buffer yard shall be required, unless otherwise indicated in this Chapter.
(2)
The buffer yard shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.
(3)
The buffer yard may be coterminous with a required front, side or rear yard; provided, the larger yard requirement shall apply in case of conflict.
B.
Characteristics.
(1)
The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials or vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(2)
In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, grass more than 12 inches in height or weeds.
C.
Planting Screen.
(1)
Each buffer yard shall include a planting screen of trees, shrubs and/or other plant materials extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(2)
Each planting screen shall be in accordance with the following requirements:
(a)
Plant materials used in the planting screen shall be of such species and size as will produce, within two years, a complete year-round visual screen of at least eight feet in height.
(b)
The planting screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within one year.
(c)
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
(d)
The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with subsection (3).
(3)
In circumstances where it is impractical for a planting screen to meet all the requirements of this Section or would create an undue hardship, the Zoning Hearing Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
D.
Plans.
(1)
Prior to the issuance of any zoning permit, the applicant shall submit plans showing:
(a)
The location and arrangement of each buffer yard.
(b)
The placement, species and size of all plant materials.
(c)
The placement, size, materials and type of all fences to be placed in such buffer yard.
(2)
Such plans shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this Chapter.
§ 27-405 Establishment of Future Right-of-way Widths for Roads.
[Ord. 300, 12/4/1984, § 4.5]
1.
Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in subsection (3) for the particular class of road.
2.
Measurement.
A.
The future right-of-way shall be measured from the center line of the existing road.
B.
All front yards and other appropriate yards shall be measured from the future right-of-way line.
3.
Minimum Widths. Minimum future rights-of-way are as follows:
Street Classification | Minimum Future Right-of-Way | |
|---|---|---|
Arterial Highway | 80 feet | |
Collector Street | 60 feet | |
Local Street | 50 feet |
§ 27-406 Nonconformities.
[Ord. 300, 12/4/1984, § 4.6; as amended by Ord. 426, 6/9/2004, § I]
1.
Registration of Nonconforming Uses and Structures. Upon adoption of this Chapter, the Zoning Officer shall identify and register nonconforming uses and structures.
2.
Continuation. Any nonconforming use, structure or lot may be continued, maintained, improved and repaired; provided, it conforms to the remainder of this Section.
3.
Alteration or Extension.
A.
Nonconforming Structure.
(1)
Any expansion (including extensions) of a nonconforming structure or other nonconforming improvement shall conform to the area, height, setback, width and yard coverage and all other applicable regulations of the district in which the nonconforming structure or other improvement is located.
(2)
Any new stories or other vertical expansion erected on a nonconforming structure shall be constructed to fulfill all building setback requirements including, but not limited to, front yard, rear yard, side yard, area requirements, height limitations and special requirements and all other applicable regulations of the zoning district in which the structure is located, which regulations shall be applied (except as to height restrictions) on the level upon which such new stories are being erected. Otherwise, a variance for each regulations with which the vertical expansion does not comply must be approved by the Zoning Hearing Board.
(3)
In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection (3)(C).
B.
Nonconforming Lot.
[Amended by Ord. 471, 10/14/2009]
(1)
Contiguous vacant nonconforming lots under common ownership shall be considered one lot.
C.
Nonconforming Use. A nonconforming use shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception from the Zoning Hearing Board.
(2)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence on the date the use became nonconforming.
(3)
Such alteration, reconstruction, extension or enlargement shall not create a volume or floor area of the nonconforming use which is greater than 100% more than the volume or floor area of the nonconforming use as it existed on the date the use became nonconforming; provided, all other requirements of this Chapter are met.
(4)
Such alteration, reconstruction, extension or enlargement shall comply with all other provisions of this Chapter.
4.
Restoration. A nonconforming building or any building containing a nonconforming use destroyed by 75% or less by fire, explosion, flood or other phenomenon, or legally condemned may be reconstructed and used for the same nonconforming use; provided, that reconstruction of the building shall be commenced within one-year from the date the building was destroyed or condemned and shall be completed within one year of the date commenced.
5.
Ownership. Whenever a nonconforming use, structure or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, provided that the new owner shall re-register the nonconforming use with the Zoning Officer within 60 days after final settlement.
6.
Abandonment.
A.
If a nonconforming use of a building or land is discontinued, razes, removed or abandoned for 365 consecutive days, subsequent use of such building or land shall conform with the regulations of the district in which it is located.
B.
Abandonment shall commence on the date when customary efforts to continue the use (operation, lease, sale, etc.) cease.
7.
Changes.
A.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
(1)
The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.
(2)
The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:
(a)
Traffic generation and congestion (including truck, passenger car, bicycle and pedestrian traffic).
(b)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c)
Storage and waste disposal.
(d)
Appearance.
8.
District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.
§ 27-407 Temporary Structure or Use.
[Ord. 300, 12/4/1984, § 4.7]
A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
1.
The life of such permit shall not exceed six months and may be renewed for an aggregate period of not more than one year.
2.
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
§ 27-408 Wireless Communications Facilities.
[Ord. 300, 12/4/1984; as added by Ord. 392, 8/12/1998; and amended by Ord. 436, 2/9/2005, § I; and by Ord. 2017-531, 3/8/2017]
1.
Purpose.
A.
The purpose of this Section is to establish uniform standards for the siting, design, permitting, maintenance, and use of WCFs and WCF Structures in the Borough. While the Borough recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
B.
This Section is intended to:
(1)
Promote the health, safety, and welfare of Borough residents and businesses with respect to WCFs and WCF Structures;
(2)
Provide for the managed development of WCFs and WCF Structures in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in a safe, effective and efficient manner and in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation, maintenance and removal of both Tower-Based and Non-Tower WCFs in the Borough;
(4)
Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, wi-fi and other Wireless Communications Facilities;
(5)
Encourage the co-location of Wireless Communications Facilities on existing structures rather than the construction of new Tower-Based structures;
(6)
Protect Borough residents from potential adverse impacts of Wireless Communications Facilities and preserve, to the extent permitted under applicable law, the visual character of established communities and the natural beauty of the landscape; and
(7)
Update the Borough's wireless communications facility regulations to incorporate changes in federal and state laws and regulations.
2.
Definitions. The following words and phrases when used in this Section shall have the meaning here given to them unless the context clearly indicates otherwise.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An Antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. The antenna does not include the Wireless Support, as defined in this Section.
APPLICANT
When pertaining to a Wireless Communications Facility, an applicant is any person that applies for a WCF Structure or Wireless Communication Facility building permit, zoning approval, and/or conditional use approval.
CO-LOCATION
The installation of one or more Wireless Communications Facilities, including Antennae, on a previously approved and constructed WCF Structure. The term includes the placement, replacement or modification of previously approved accessory equipment.
DISTRIBUTED ANTENNA SYSTEMS ("DAS") or DAS FACILITIES
A network of one or more antennas and fiber optic nodes typically mounted to streetlight poles, or utility structures, which provide access and signal transfer services to one or more third-party wireless service providers. DAS Facilities shall also include the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with third-party wireless service providers to provide the signal transfer services. The term shall be construed to include supporting cables, wires, braces, masts or other appurtenances.
[Amended by Ord. No. 2019-549, 2/13/2019]
EMERGENCY
A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the Right-of-Way to be unusable and result in loss of the services provided.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the finished grade of the ground (immediately adjacent to the Tower-Based WCF), including any base pad, to the highest point on the Tower-Based WCF, including antennae mounted on the tower and any other appurtenances.
MODIFICATION
When pertaining to a Wireless Communications Facility, the improvement, upgrade, expansion or replacement of existing Wireless Communications Facilities or accessory equipment on an existing WCF Structure if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the WCF Structure.
MONOPOLE
A WCF Structure that consists of a single pole, designed and erected on the ground or on top of a structure, to support communications Antennae and connecting appurtenances.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
Any Wireless Communications Facility not included within the definition of Tower-Based WCF. This term includes wireless supports and any wireless communications facilities connected thereto.
PERSON
Any individual, condominium, partnership, association, corporation or other legal entity cognizable at law, whether public or private, except the Borough or any department or agency of the Borough.
PUBLIC UTILITY
Any person, corporation or other entity that is regulated as a public utility by, and subject to the exclusive jurisdiction of, the Public Utility Commission of the Commonwealth of Pennsylvania.
[Added by Ord. No. 2019-549, 2/13/2019]
RELATED EQUIPMENT
Any piece of equipment related to, incident to or necessary for the operation of a WCF Structure. By way of illustration, not limitation, "Related Equipment" includes generators and base stations.
RIGHT-OF-WAY (ROW)
When pertaining to a Wireless Communications Facility, the surface of and space above and below any real property in the Borough in which the Borough has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough and also excluding pedestrian trails, footpaths and equestrian trails under the control of the Borough. The phrase "in the Right-of-Way" means in, on, over, along, above and/or under the Right-of-Way. Right-of-way (ROW) shall include streets and roads owned by the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, Antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted Antennae, building-mounted Antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, silos and light poles.
SUBSTANTIAL CHANGE
Means: (1) the replacement of a WCF Structure; or (2) for a Tower-Based WCF not in the ROW, (i) any increase in the height of the Tower-Based WCF by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna by more than 20 feet, or (ii) adding an appurtenance to the body of the Wireless Tower that would protrude from the edge of the Wireless Tower by more than 20 feet or by more than the width of the Wireless Tower at the level of the appurtenance; or (3) for all Non-Tower WCFs in the ROW, (i) any increase in the height of the WCF Structure by more than 10% or by more than 10 feet, or (ii) adding an appurtenance to the body of the WCF Structure that would protrude from the edge of the structure by more than six feet; or (4) any change that entails excavation outside of the current approved site; or (5) any change that would violate any conditions of approval previously issued by the Borough or the Stealth Technology of the existing WCF Structure; or (6) as otherwise defined under applicable FCC rules and regulations.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any Wireless Tower and any Wireless Communications Facilities connected thereto.
WBCA
The Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.), as amended.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The set of equipment and network components, including Antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment, used for the purpose of transmitting, receiving, distributing, or providing wireless communications services. The term does not include the Wireless Communications Facility Structure.
WIRELESS COMMUNICATIONS FACILITY STRUCTURE (WCF STRUCTURE)
Any structure, regardless of its primary purpose, that supports the placement or installation of a Wireless Communications Facility and the Wireless Communications Facilities attached thereto. This term is comprised of both Tower-Based WCFs and Non-Tower WCFs.
WIRELESS COMMUNICATIONS SERVICE
Any personal wireless service as defined by the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communications service (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may be developed.
WIRELESS SUPPORT
Any support structure that supports Wireless Communications Facilities, regardless of its primary purpose, including but not limited to Wireless Towers, buildings, water towers, utility poles, flag poles and light poles. This term does not include the Wireless Communications Facility attached thereto.
WIRELESS TOWER
Any Wireless Support that has a primary purpose of supporting Wireless Communications Facilities, including but not limited to, self-supporting lattice towers, guy towers and monopoles. This term does not include the Wireless Communications Facility attached thereto.
3.
Applicability.
A.
New Wireless Communications Facility Structures. All new WCF Structures and WCFs in the Borough, not in existence on the effective date of this Section, shall be subject to these regulations, except as provided in this Subsection.
[Amended by Ord. No. 2019-549, 2/13/2019]
B.
Pre-Existing Approved WCF Structures and WCFs. Except with regard to additions or substantial modifications, WCF Structures and WCFs in existence prior to the effective date of this Section, if previously approved by the Borough, shall not be required to meet the requirements of this Section other than the requirements of Subsection 4B and Subsections 5A, C, N, O, P and V below. Existing WCF Structures and WCFs not previously approved by the Borough shall be fully subject to all of the requirements of this Section.
C.
Amateur Radio Station Operators or Receive Only Antennas. This Section 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 antennas.
D.
This Section shall not govern any permit application submitted by a public utility for the installation of DAS Facilities to furnish public utility services as evidenced by a certificate of public convenience duly issued by the Public Utilities Commission of the Commonwealth of Pennsylvania.
[Added by Ord. No. 2019-549, 2/13/2019]
4.
Wireless Communications Facilities - Permitted Locations.
A.
Within the WCF Overlay Districts.
(1)
Creation of Overlay Districts. The Wireless Communications Facilities Overlay Districts shall consist of two distinct zones: (i) a Tower-Based WCF Structure Zone Overlay District where only new and replacement Tower-Based WCF Structures and their associated WCFs may be utilized; and (ii) a Wireless Communications Facility Attachment Zone Overlay District, where only existing attachment structures and replacement attachment structures may be utilized for new, existing and replacement Wireless Communications Facilities. Both zones shall apply as mapped overlays on the Official Borough Zoning Map.
(2)
Conditional Use Approval Required in Tower-Based WCF Structure Zone Overlay District. The construction or installation of a new Tower-Based WCF Structure within the Tower-Based WCF Structure Zone Overlay District shall be permitted only by conditional use. Conditional uses shall be permitted only when authorized by the Borough Council after public notice and a hearing, in compliance with the standards and criteria set forth in this Section, as well as the general standards for conditional uses set forth in this Chapter. When granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this Section, as it may deem necessary to implement the purposes of this Section. Such conditions and safeguards may include, but need not be limited to, conditions on height, stealth design, fencing, location and other measures that implement the purposes of this Section. Following conditional use approval, the Applicant shall obtain zoning and building permits from the Borough certifying compliance with this Section and all other applicable ordinances of the Borough. New construction shall be prohibited without conditional use approval and all applicable permits.
(3)
Permit Required in the Wireless Communications Facility Attachment Zone Overlay District.
(a)
Any Applicant proposing an attachment in the Wireless Communications Facility Attachment Zone Overlay District of new Wireless Communications Facilities on an existing attachment structure previously approved by the Borough shall first obtain zoning and building permits from the Borough certifying compliance with the applicable ordinances of the Borough, subject to the WBCA. Modifications and co-location shall be prohibited without the issuance of all applicable permits.
(b)
The Borough shall approve or deny the application for modification or co-location within 60 days of the date on which the application is submitted. The sixty-day review period may be tolled by mutual agreement or if the Borough determines the application is incomplete. If the application is incomplete, the Borough shall, within 30 days of receipt of the application, notify the Applicant in writing of all missing information. The review period shall begin running again when the Borough receives the requested information. In the event the Borough fails to approve or deny the application within the foregoing sixty-day period (subject, however, to any tolling period(s) as herein described and any other tolling periods permitted under FCC rules and regulations), the application shall be deemed approved upon written notification from the Applicant that the review period has expired.
B.
WCF Structures and WCFs in the Right-of-Way.
(1)
Conditional Use Approval Required. The construction or installation of a new WCF Structure within the Right-of-Way shall be permitted only by conditional use. Conditional uses shall be permitted only when authorized by the Borough Council after public notice and a hearing, in compliance with the standards and criteria set forth in this Section, as well as the general standards for conditional uses set forth in this Chapter. When granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this Section, as it may deem necessary to implement the purposes of this Section. Such conditions and safeguards may include, but need not be limited to, conditions on height, stealth design, fencing, location and other measures that implement the purposes of this Section. Following conditional use approval, the Applicant shall obtain zoning and building permits from the Borough certifying compliance with this Section and all other applicable ordinances of the Borough. New construction shall be prohibited without conditional use approval and all applicable permits.
(2)
Permit Required for the Modification or Co-location of WCFs on an Existing WCF Structure in the Right-of-Way. Any Applicant proposing the modification or co-location of Wireless Communications Facilities on an existing WCF Structure located in the Right-of-Way and previously approved by the Borough shall first obtain zoning and building permits from the Borough certifying compliance with the applicable ordinances of the Borough, subject to the WBCA. Modifications and co-location shall be prohibited without the issuance of all applicable permits.
5.
General Requirements for All WCF Structures and Wireless Communications Facilities. The following regulations shall apply to all WCF Structures, Related Equipment and Wireless Communications Facilities:
A.
Standard of Care.
(1)
All WCF Structures and WCFs shall meet or exceed current standards or regulations of the FAA, the FCC and standards and regulations of any other agencies and/or laws of the Commonwealth of Pennsylvania or Federal government having authority to regulate WCF Structures and WCFs. All WCF Structures and WCFs shall be designed, constructed, installed, erected, 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 workmanlike industry practices of the National Association of Tower Erectors, as applicable. All WCF Structures and WCFs shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(2)
If applicable governmental standards or regulations are changed, then the owner shall bring the WCF Structure and WCFs into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring a WCF Structure or WCF into compliance with such revised standards and regulations shall constitute a violation of this Section and shall constitute grounds for the removal of the WCF Structure and/or WCF at the owner's expense.
(3)
If, upon inspection, the Borough concludes that a WCF Structure or WCF fails to comply with any applicable code(s) or standard(s) and constitutes a danger to persons or property, then, except as provided in Subsection 4A(2) above, the owner shall have 30 days following written notice to bring such WCF Structure and/or WCF into compliance. Failure to bring such WCF Structure and/or WCF into compliance within said thirty-day period shall constitute grounds for the Borough to require the removal of the WCF Structure and associated Wireless Communications Facilities at the owner's expense.
B.
Maintenance. The following maintenance requirements shall apply:
(1)
All WCF Structures and WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents and businesses.
(3)
All modifications and utilized materials shall be nothing less than the best available technology for preventing failures and accidents.
(4)
All maintenance shall be ordered and repaired by qualified maintenance and construction personnel.
(5)
Any graffiti on a WCF Structure, any Related Equipment or any Wireless Communications Facilities shall be removed at the sole expense of the owner within 10 business days of written notice of the existence of the graffiti.
C.
Application Required. Each Applicant proposing the construction of any new WCF Structure or the modification or co-location of any existing Wireless Communications Facilities shall complete and submit an application to the Borough prior to beginning construction. Such application shall include, in addition to other information, the following:
(1)
All fees required by the Borough's fee schedule.
(2)
A description and plan showing the proposed construction and/or changes to the WCF Structure in detail.
(3)
A landscaping plan that satisfies the requirements of this Section including, but not limited to, preserving existing vegetation to the greatest extent possible and screening the base of the WCF Structure and Related Equipment.
(4)
A copy of all Zoning Hearing Board and Conditional Use Decisions pertaining to the property upon which the WCF Structure is or will be located.
D.
Engineer Signature. All plans and drawings for the installation, modification or co-location of a new or existing WCF Structure, Related Equipment or Wireless Communications Facilities shall contain the seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.
E.
Retention of Experts. The Borough may hire any consultant(s) and/or expert(s) it deems necessary to assist the Borough in reviewing and evaluating the application for approval of the construction of a new WCF Structure or the modification of an existing WCF Structure and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The Applicant and/or owner of the new or modified WCF Structure shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
F.
Public Safety Communications. No WCF Structure or Wireless Communications Facilities shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
G.
Radio Frequency Emissions. No WCF Structure may, by itself or in conjunction with other Wireless Communications Facilities or WCF Structures, 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.
H.
Aviation Safety. All WCF Structures shall comply with all federal and state laws and regulations concerning aviation safety.
I.
Related Equipment. Ground-mounted Related Equipment, such as cabinets, shall be located within a structure or fenced enclosure. Shelters for Related Equipment shall be constructed at ground level, not to exceed 144 square feet of gross floor area and eight feet in height. Each co-locating carrier on an existing WCF Structure may construct a shelter, provided the structure or enclosure complies with all setback and other dimensional requirements of the underlying zoning district.
J.
Historic Buildings or Districts. No new WCF Structure or Wireless Communications Facilities may be located on a building or structure that is:
(1)
Listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed.
(2)
Listed on a Pennsylvania or Montgomery County inventory of historic places.
(3)
Located within the boundaries of any registered historic district in the Borough or eligible to be registered as such.
K.
Wind. All WCF Structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended).
L.
Lighting. No WCF Structure shall be artificially lighted, except as required by the FAA or other applicable governmental authority. 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.
M.
Noise. All WCF Structures and Wireless Communications Facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under State law and the Codified Ordinances of Red Hill Borough, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
N.
Indemnification. Each Person that owns or operates a WCF Structure, Related Equipment, and/or Wireless Communications Facilities shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of a WCF Structure, Related Equipment or any associated Wireless Communications Facilities. Each Person that owns or operates a WCF Structure, Related Equipment or any associated Wireless Communications Facilities 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 WCF Structure, Related Equipment or any associated Wireless Communications Facilities. 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.
O.
Removal. In the event that the use of a WCF Structure 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. Notwithstanding the foregoing, the Borough may deem a WCF Structure to be abandoned or unused after reasonable investigation. Unused or abandoned WCF Structures or portions of WCF Structures shall be removed as follows:
(1)
All unused or abandoned WCF Structures, associated WCFs, including Antennae, and/or Related Equipment shall be removed by the owner within 60 days of the cessation of operations at the site unless a time extension is approved by the Borough.
(2)
If the WCF Structure, Related Equipment and associated WCFs are not removed within 60 days of the cessation of operations at the site, or within any longer period approved by the Borough, the WCF Structure, Related Equipment and associated WCFs may be removed by the Borough and the cost of removal assessed against the financial security and/or owner of the WCF Structure.
(3)
The Borough must approve all replacements of portions of a Tower-Based WCF previously removed, subject to the WBCA.
P.
Financial Security. Prior to issuance of any permit for the construction or placement of a WCF Structure, the Applicant shall provide to the Borough financial security in an amount determined by the Borough to be sufficient to guarantee the removal of the WCF Structure. Said financial security shall remain in place until the WCF Structure is removed. For each Tower-Based WCF, the owner shall obtain and maintain a bond or other form of financial security acceptable to the Borough Solicitor, in the amount of $100,000 to assure the faithful performance of the terms and conditions of this Section. For a Non-Tower WCF, the owner shall obtain and maintain a bond or other form of financial security in an amount acceptable to the Borough Council to assure the faithful performance of the terms and conditions of this Section. The financial security shall be provided by the owner at its own cost and expense, shall be obtained from a surety licensed to do business in Pennsylvania and shall be maintained throughout the existence of the WCF Structure. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this Section, after reasonable notice and opportunity to cure. If the removal of the WCF Structure is performed by the Borough in accordance with other provisions of the Codified Ordinances of Red Hill Borough, the Borough shall have the right to recover any and all reimbursement of the expenses of removal from/against the bond. The owner shall file a copy of the bond with the Borough prior to the issuance of the building permit. The Borough's remedies shall be cumulative, and in the event that the Borough exercises its rights to recovery against the bond, the Borough shall retain its right to recover any and all outstanding costs as permitted by the Pennsylvania Municipalities Planning Code and applicable law, such as an action in equity.
Q.
Lot Size. For purposes of determining whether the installation of a WCF Structure and Related Equipment complies with zoning district development regulations, including but not limited to, setback requirements, lot coverage requirements and other such applicable dimensional criteria, the dimensions of the entire lot shall control, even though the WCF Structure and Related Equipment may be located on a leased parcel within such lot.
R.
Franchises. Each owner or operator of a WCF Structure or WCFs shall certify that all franchises (if any) required by law for the construction and/or operation of a WCF Structure or WCFs in the Borough have been obtained and shall file a copy of all required franchises with the Borough Zoning Officer.
S.
Measurement. For purposes of measurement of WCF Structures, setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal and county jurisdictional boundaries.
T.
Stealth Technology. All WCF Structures, Related Equipment and WCFs shall employ the most current Stealth Technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. In addition, all utility buildings, cabinets and shelters for Related Equipment shall be architecturally designed to blend into the surrounding environment to the satisfaction of the Borough. The Stealth Technology chosen by the Applicant and its application shall be subject to the approval of the Borough.
U.
FCC License. Each Person that owns or operates a Tower-Based WCF in the Borough shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
V.
Insurance. Each Person that owns or operates a Tower-Based WCF in the Borough shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage covering the Tower-Based WCF and Related Equipment in the minimum amount of $2,000,000 per occurrence. Each Person that owns or operates a Non-Tower WCF in the Borough 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 covering the Non-Tower WCF and Related Equipment in the minimum amount of $1,000,000 per occurrence. The certificate of insurance shall name Red Hill Borough, its elected and appointed officials, agents, successors and assigns as additional insureds under the aforesaid liability insurance policy. The certificate of insurance shall state that the insurance policy may not be amended, canceled or terminated without prior written notice to Red Hill Borough. If the contractor is a utility company or utility provider performing work within the public right-of-way and is self-insured, the contractor shall produce a certificate in form and substance satisfactory to the Borough Solicitor, which evidences that self-insurance is in effect for the foregoing amount and names Red Hill Borough and the Borough Engineer as certificate holders.
[Amended by Ord. No. 2019-561, 10/9/2019; and by Ord. No. 2021-576, 10/13/2021]
W.
Inspection. The Borough reserves the right to inspect any Tower-Based WCF, Related Equipment or Wireless Communications Facilities to ensure compliance with the provisions of this Section and any other provisions in the Borough Codified Ordinances or State or Federal law. The Borough, its agents, consultants, contractors, and employees, shall have the authority to enter the real property upon which any Tower-Based WCF, Related Equipment and/or Wireless Communications Facilities are located at any time, upon reasonable notice to the operator, to ensure such compliance.
X.
Advertising Prohibited. Advertising of any kind on WCF Structures, Related Equipment or Wireless Communications Facilities is strictly prohibited.
Y.
Governmental Entity as Property Owner. If the owner of the property on which the WCF Structures, Related Equipment or Wireless Communications Facilities are installed is a governmental entity other than the Borough, then the property owner may post the financial security required by § 27-408.5.P with the property owner and may provide a certificate of insurance as required by § 27-408.5.V that identifies the property owner in lieu of the Borough as additional insured, provided the financial security and the certificate of insurance are reviewed by and acceptable to the Borough upon advice of the Borough Solicitor.
[Added by Ord. No. 2019-561, 10/9/2019]
6.
Requirements for Tower-Based Wireless Communications Facilities Located Outside the Right-of-Way in the Tower-Based WCF Structure Zone Overlay District. The requirements set forth below shall apply to all Tower-Based Wireless Communications Facilities located outside the Right-of-Way in the Tower-Based WCF Structure Zone Overlay District.
A.
Application Required. An application for the construction of a Tower-Based WCF outside the Right-of-Way shall be treated as an application for a conditional use and shall be evaluated by the Borough Council.
B.
Notice. Upon submission of a Conditional Use application for a Tower-Based WCF outside the Right-of-Way, the Applicant shall provide a list of addresses of all owners of every property within 500 feet of the proposed facility.
C.
Gap in Coverage; Co-Location Not Available.
(1)
An Applicant for a Tower-Based WCF outside the Right-of-Way 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 Structure being proposed is the least intrusive means by which to fill that gap in wireless coverage, subject to the WBCA. 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 a Tower-Based WCF.
(2)
An application for a new Tower-Based WCF outside the Right-of-Way shall not be approved unless the Borough finds that the Wireless Communications Facilities and accessory equipment planned for the proposed Tower-Based WCF cannot be accommodated on an existing or approved WCF Structure or building. Any application for approval of a Tower-Based WCF outside the Right-of-Way shall include a comprehensive inventory of all existing WCF Structures, Wireless Towers and other suitable structures within a five-mile radius from the point of the proposed tower, including specific information about the location, height and design of each structure, 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 Wireless Tower or other suitable structure cannot be utilized. The Borough may share such information with other applicants applying for approval or permits under this Section or other organizations seeking to locate wireless communications facilities within the Borough; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for such use.
D.
Land Development Approval. The construction or installation of new Tower-Based WCFs outside the Right-of-Way shall require land development approval or a waiver of same from the Borough Council. The application for land development approval shall comply with the standards and criteria set forth in this Section and in the Borough's Subdivision and Land Development Ordinance.
E.
Development Regulations.
(1)
Site Requirements. In addition to the other conditions listed in this Subsection, a Tower-Based WCF outside the Right-of-Way must comply with all ordinances, regulations and requirements governing the underlying zoning district in which the Tower-Based WCF is located.
(2)
Combined with Another Use. A Tower-Based WCF outside the Right-of-Way may be permitted on an improved property with an existing use, or on an unimproved property in combination with another use, or a property with no principal use. The existing use on the property shall be any permitted use in the underlying zoning district and need not be affiliated with the Tower-Based WCF or the Wireless Communications Facilities.
(3)
Minimum Lot Area. A minimum lot area of 1.5 acres shall be required for any Tower-Based WCF. Additionally, all proposals shall comply with the dimensional requirements for the underlying zoning district and shall be the area needed to accommodate the Tower-Based WCF, the Related Equipment, and any required building, shelter, security fence and/or buffer plantings.
(4)
Minimum Setbacks. The Tower-Based WCF, the Related Equipment and any accompanying utility building, cabinet or shelter shall comply with the minimum setback requirements of the underlying zoning district or the setback shall be equivalent to the maximum height of the proposed Wireless Tower, whichever setback is greater. All Tower-Based WCFs and Related Equipment located on an improved lot shall be located in the rear or side yard. In the case of an unimproved lot, the minimum setback of the underlying zoning district to be applied shall be the front yard setback.
(5)
Height Restrictions.
(a)
All Tower-Based WCFs outside the Right-of-Way shall be designed at no more than the minimum functional height. All Applicants for Tower-Based WCFs outside the Right-of-Way must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any Tower-Based WCF outside the Right-of-Way shall not exceed 120 feet above ground level, which height shall include all subsequent additions or alterations. The height of the Antennae or other Wireless Communications Facilities shall not exceed the height of the WCF Structure by more than 10 feet. Unless housed within the Tower-Based WCF, Related Equipment, including base stations and cabinets, shall not exceed eight feet in height.
(b)
All height extensions to an existing Tower-Based WCF outside the Right-of-Way shall require prior approval of the Borough, subject to the WBCA. A height extension shall not increase the overall height of the Tower-Based WCF to more than the greater of 10% of the pre-extension height of the WCF Structure or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, and shall be subject to the height limitations in Subsection 6E(5)(a) above. A WCF Structure that has already been extended by 10% or more of its originally approved height or by the height of one additional antenna array shall not be further extended.
(c)
The Borough reserves the right to deny extension requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough and the immediately surrounding area.
(6)
Any underground vault related to Tower-Based WCFs shall be reviewed and approved by the Borough.
(7)
The Applicant shall submit a soil report to the Borough Engineer complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the Tower-Based WCF, and anchors for guy wires, if used.
F.
Appearance Criteria; Visual or Land Use Impact.
(1)
The design and appearance of all Tower-Based WCFs and Related Equipment outside the Right-of-Way, including, without limitation, the structures, materials, colors, textures, screening and landscaping utilized, shall employ Stealth Technology satisfactory to and pre-approved by the Borough so as to reduce visual obtrusiveness, blend the WCF Structure and Related Equipment into the surrounding environment and minimize the aesthetic impact.
(2)
An eight-foot-high security fence shall completely surround any Tower-Based WCF outside the Right-of-Way, as well as guy wires and any building or shelter housing Related Equipment.
(3)
A screen of evergreen trees or an evergreen hedge, with an ultimate height of no less than eight feet and a planted height of at least 60 inches, shall be planted eight feet on center and staggered in two rows along the perimeter of the security fence surrounding a Tower-Based WCF outside the Right-of-Way. The Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the Tower-Based WCF shall be preserved to the maximum extent possible. Fence gates shall remain accessible.
(4)
The Borough reserves the right to deny an application for the construction or placement of any Tower-Based WCF outside the Right-of-Way based upon adverse visual and/or land use impact, subject to the WBCA.
G.
Additional Antennae. All proposed Tower-Based WCFs outside the Right-of-Way shall be designed structurally, electrically, and in all other respects to accommodate both the Applicant's Antennae and comparable Antennae for future users. As a condition of approval for all Tower-Based WCFs outside the Right-of-Way, the Applicant shall provide the Borough with a written commitment that it will allow a minimum of three other service providers to co-locate Antennae on its Tower-Based WCF where technically and economically feasible. No Person shall cause any additional Antennae to be installed without first obtaining the written approval of the Borough, subject to the WBCA.
H.
Signs. All Tower-Based WCFs outside the Right-of-Way shall have a sign posted on the exterior gate or door to the structure sheltering the Related Equipment which is readily visible to any person outside the equipment structure or compound identifying the name and phone number of a party to contact in the event of an emergency. The face of such sign shall be no larger than six square feet, and the top of such sign shall not exceed the height of the gate or door.
I.
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a Tower-Based WCF outside the Right-of-Way. 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. The owner of the Tower-Based WCF shall present documentation satisfactory to the Borough Solicitor that the landowner has granted a lease or easement on the owner's land for the proposed facility.
J.
Parking. There shall be two off-street parking spaces for the first carrier and one additional parking space for each additional carrier up to a maximum of four parking spaces per Wireless Tower.
K.
Related Equipment. Ground-mounted Related Equipment connected to or associated with a Tower-Based WCF outside the Right-of-Way shall be underground or screened from public view using Stealth Technology, landscaping and other decorative features to the satisfaction of the Borough, as described in this Section.
7.
Tower-Based Wireless Communications Facilities Located in the Right-of-Way. The following regulations shall apply to Tower-Based Wireless Communications Facilities located in the Right-of-Way:
A.
Application Required. An application for the construction of a Tower-Based WCF in the Right-of-Way shall be treated as an application for a conditional use and shall be evaluated by the Borough Council.
B.
Notice. Upon submission of a Conditional Use application for a Tower-Based WCF in the Right-of-Way, the Applicant shall provide a list of addresses of all owners of every property within 500 feet of the proposed facility or facilities.
C.
Gap in Coverage; Co-Location Not Available.
(1)
An Applicant for a Tower-Based WCF in the Right-of-Way 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 Structure being proposed is the least intrusive means by which to fill that gap in wireless coverage, subject to the WBCA. 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 a Tower-Based WCF.
(2)
An application for a new Tower-Based WCF in the Right-of-Way shall not be approved unless the Borough finds that the proposed Wireless Communications Facilities and accessory equipment cannot be accommodated on an existing or approved WCF Structure, such as a utility pole or traffic light pole, or an existing building. Any application for approval of a Tower-Based WCF in the Right-of-Way shall include a comprehensive inventory of all existing WCF Structures, Wireless Towers and other suitable structures within a one-mile radius from the point of the proposed tower, including specific information about the location, height and design of each structure, 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 Wireless Tower or other suitable structure cannot be utilized. The Borough may share such information with other applicants applying for approval or permits under this Section or other organizations seeking to locate wireless communications facilities within the Borough; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for such use.
D.
Land Development Approval. The construction or installation of new Tower-Based WCFs in the Right-of-Way shall require land development approval or a waiver of same from the Borough Council. The application for land development approval shall comply with the standards and criteria set forth in this Section and in the Subdivision and Land Development Ordinance.
E.
Development Regulations:
(1)
Prohibited in Underground Utility Areas. Tower-Based WCFs shall only be permitted along roadways, streets, and other rights-of-way where utilities are above ground, regardless of the underlying zoning district.
(2)
Height Restrictions.
(a)
Tower-Based WCFs in the ROW shall not exceed 45 feet in height.
(b)
All height extensions to an existing Tower-Based WCF in the Right-of-Way shall require prior approval of the Borough, subject to the WBCA. A height extension shall not increase the overall height of the Tower-Based WCF to more than the greater of 10% of the pre-extension height of the WCF Structure or 10 feet and shall be subject to the height limitations in Subsection 7E(2)(a) above. A WCF Structure that has already been extended by 10% or more of its originally approved height or by 10 feet shall not be further extended.
(c)
The Borough reserves the right to deny extension requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.
(3)
Co-Location. All proposed Tower-Based WCFs in the Right-of-Way shall be designed structurally, electrically, and in all respects to accommodate both the Applicant's Antennae and comparable Antennae for future users.
F.
A Tower-Based WCF located in the Right-of-Way shall be located at, or as close as practicable to, the point where a side property line intersects with a street right-of-way line.
G.
Time, Place and Manner Restrictions. 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 Public Utility Code.
H.
Related Equipment. Related Equipment connected to or associated with Tower-Based WCFs located in the Right-of-Way shall be installed underground if located in the Right-of-Way 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. Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough. Any underground vault related to Tower-Based WCFs and/or Related Equipment shall be reviewed and approved by the Borough.
I.
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 Tower-Based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF Structure 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:
(1)
The construction, repair, maintenance or installation of any Borough or other public improvement in the Right-of-Way;
(2)
The operations of the Borough or other governmental entity in the Right-of-Way;
(3)
Vacation of a street or road or the release of a utility easement; or
(4)
An Emergency as determined by the Borough.
J.
Reimbursement for ROW Use. In addition to permit fees as described in this Section, every Tower-Based WCF located in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW and all costs incurred by the Borough as a result of such activities. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The annual ROW management fee for Tower-Based WCFs shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such Tower-Based WCF.
8.
Requirements for All Non-Tower Wireless Communications Facilities. All new Non-Tower WCFs shall be permitted upon approval and issuance of zoning and building permits by the Borough, subject to the applicable regulations set forth in this Section and the restrictions and conditions prescribed below.
A.
Prohibited on Certain Structures. Non-Tower WCFs shall not be located on single-family residences or any accessory residential structure.
B.
Substantial Changes. All Substantial Changes to a Wireless Communications Facility shall require a prior amendment to the original permit or authorization issued by the Borough.
9.
Non-Tower Wireless Communications Facilities Located Outside the Right-of-Way. The following additional regulations shall apply to all Non-Tower Wireless Communications Facilities located outside the Right-of-Way.
A.
Development Regulations.
(1)
The total height of the Wireless Support for WCFs shall not exceed the maximum height permitted in the underlying zoning district.
(2)
The total height of any Wireless Support, including the mounted WCF, shall not exceed the maximum height permitted in the underlying zoning district or 45 feet, whichever is greater.
(3)
Antennae and accessory equipment that are mounted to a building or similar structure may not exceed a height of 10 feet above the roof or parapet, whichever is higher, unless the Applicant first obtains a special exception.
(4)
If the Applicant proposes to locate Related Equipment in a separate building, the building shall comply with the minimum setback and other dimensional requirements for the underlying zoning district.
(5)
An eight-foot-high security fence and landscape screening satisfying the requirements of this Section 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.
(6)
Any underground vault related to Non-Tower WCFs shall be reviewed and approved by the Borough.
B.
Design Regulations.
(1)
Non-Tower WCFs, including Antennae and all Related Equipment, shall be designed using Stealth Technology to visibly match the Wireless Support in order to blend into the surrounding environment and minimize aesthetic impact. Non-Tower WCFs and Related Equipment shall be painted, or otherwise coated, to be visually compatible with the Wireless Support upon which they are mounted. The Stealth Technology chosen by the Applicant and its application shall be subject to the approval of the Borough.
(2)
The Applicants for a Non-Tower WCF located outside the Right-of-Way must submit documentation to the Borough justifying the total height of the Non-Tower structure, subject to the WBCA. Such documentation shall be analyzed in the context of such justification on an individual case by case basis.
(3)
Antennae, and their respective accompanying Wireless Supports, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.
(4)
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 Design Regulations enumerated in this Subsection 9B.
C.
Removal and Replacement. The removal and replacement of Non-Tower WCFs and Related Equipment for the purpose of upgrading or repairing the WCF Structure is permitted, so long as such repair or upgrade does not increase the overall size of the WCF Structure or the number of Antennae, subject to the WBCA.
D.
Related Equipment.
(1)
Ground-mounted Related Equipment connected to or associated with a Non-Tower WCF outside the Right-of-Way shall be installed underground, if feasible. Ground-mounted Related Equipment that cannot be installed underground shall be screened from public view using Stealth Technology, landscaping and other decorative features to the satisfaction of the Borough. Electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
(2)
Related Equipment located on the roof of a building shall not occupy more than 15% of the roof area.
E.
Inspection. The Borough reserves the right to inspect any Non-Tower WCF to ensure compliance with the provisions of this Section and any other provisions of the Codified Ordinances of the Borough or State or Federal law. The Borough, its agents, consultants, contractors, and employees, shall have the authority to enter the property upon which a WCF Structure is located at any time, upon reasonable notice to the operator, to ensure such compliance.
10.
Non-Tower Wireless Communications Facilities Located in the Right-of-Way. The following additional regulations shall apply to all Non-Tower Wireless Communications Facilities located in the Right-of-Way:
A.
Location. Non-Tower WCFs in the ROW shall only be located on existing poles, such as street lights or utility poles.
B.
Design Regulations:
(1)
Non-Tower WCF installations located above the surface grade in the ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and are compatible in scale and proportion to the structures upon which they are mounted, subject to the WBCA. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(2)
Antennae and all Related Equipment shall be designed using Stealth Technology to visibly match the Wireless Support. Non-Tower WCFs and accessory equipment shall be painted, or otherwise coated, to be visually compatible with the Wireless Support upon which they are mounted. The Stealth Technology chosen by the Applicant and its application shall be subject to the approval of the Borough.
C.
Reimbursement for ROW Use. In addition to permit fees as described in this Section, every Non-Tower WCF located in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW and all costs incurred by the Borough as a result of such activities. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The annual ROW management fee for Non-Tower WCFs shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such Non-Tower WCF.
D.
Time, Place and Manner Restrictions. 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 Public Utility Code.
E.
Related Equipment. Related Equipment connected to or associated with Non-Tower WCFs located in the Right-of-Way shall be installed underground if located in the Right-of-Way or within an easement area located on a privately-owned adjacent lot 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:
(1)
Related Equipment shall be screened, to the fullest extent possible, through the use of Stealth Technology, including decorative features, to the satisfaction of the Borough. Such screening shall maintain clear sight distance for motorists.
(2)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
(3)
Any underground vault related to Non-Tower WCFs and/or Related Equipment shall be reviewed and approved by the Borough.
F.
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 Non-Tower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF Structure 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:
(1)
The construction, repair, maintenance or installation of any Borough or other public improvement in the Right-of-Way.
(2)
The operations of the Borough or other governmental entity in the Right-of-Way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An Emergency as determined by the Borough.
11.
Violations and Penalties.
A.
Penalties. Any Person who shall violate any provision of this Section or who, being the owner of a lot, shall permit such violation to occur thereon shall be subject to a fine of up to $1,000 per day during the period such violation shall exist, and the other enforcement proceedings and penalties set forth in Part 8 of this Chapter. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur.
B.
Police Powers. The Borough, by granting any permit or taking any other action pursuant to this Section, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable Federal, State and local laws and regulations.
§ 27-409 No-Impact Home-Based Business.
[Ord. 300, 12/4/1984; as added by Ord. 412, 11/19/2002, § II; as amended by Ord. 424, 5/12/2000, § I]
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential. The business or commercial activity must satisfy the following requirements.
1.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2.
The business shall employ no employees other than family members residing in the dwelling.
3.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
4.
There shall be no outside appearance of a business including, but not limited to, parking, signs or lights.
5.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
6.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
7.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
8.
The business may not involve any illegal activity.
§ 27-410 (Reserved)
Prior History: § 27-410, Dumpsters and Portable Storage Containers, adopted by Ord. No. 2018-548, 9/12/2018; as amended by Ord. No. 2019-550, 1/9/2019; Ord. No. 2020-568, 8/12/2020; Ord. No. 2021-576, 10/13/2021; Ord. No. 2022-581, 5/11/2022; was repealed by Ord. No. 2024-598, 5/8/2024.
