Selinsgrove City Zoning Code
PART 20
WIRELESS COMMUNICATIONS FACILITIES
§ 27-2001 Definitions.
[Ord. No. 867, 10/2/2023[1]]
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency (RE) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
BOROUGH
Borough of Selinsgrove, Snyder County, Pennsylvania.
COLLOCATED WIRELESS COMMUNICATIONS FACILITY (COLLOCATED WCF)
Wireless communications facilities collocated on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new wireless support structure.
COLLOCATION
The mounting of one or more WCFs, including antennas, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
ELIGIBLE FACILITIES REQUEST
Shall have the same meaning as set forth in 47 CFR 1.6100(b)(3), or any successor provision.
EMERGENCY
A condition that poses an immediate danger to public health and safety or risk of property damage, as determined by the Borough.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications: (1) each antenna associated with the deployment is no more than three cubic feet in volume; and (2) the volume of all other equipment associated with the wireless communications facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless communications facility shall not be included in the calculation of equipment volume.
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR 1.6100.
SUBSTANTIAL MODIFICATION
The improvement, upgrade or expansion of an existing wireless communications facility or wireless support structure, or any part thereof, that constitutes a substantial change.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed placement for a wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the wireless communications facility.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the primary purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.
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)
An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public ROW or other Borough-owned or third-party land or property.
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).
[1]
Editor's Note: This ordinance also repealed former Part 20, Wireless Communications Facilities, adopted by Ord. 829, 10/2/2017.
§ 27-2002 General Requirements for All Wireless Communications Facilities.
[Ord. No. 867, 10/2/2023]
1.
Standard of Care.
A.
All WCFs shall meet or exceed all applicable federal, state and local laws and regulations, the standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail.
B.
If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the change in standards or regulations. Failure to bring a WCF into compliance within the required timeframe shall constitute grounds for the removal of the WCF at the owner's expense.
C.
The WCF applicant shall submit proof of compliance with all applicable federal, state and local standards, including, but not limited to, those established by the Federal Communications Commission, as part of any complete WCF application.
2.
Engineer Signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania and certifying compliance with all federal, state ad local laws and regulations applicable to the proposed WCF.
3.
Eligible Facilities Requests. WCF applicants proposing an eligible facilities request shall be required only to obtain a building permit from the Borough. In order to be considered for a building permit, the WCF applicant must submit a permit application to the Borough in accordance with the requirements of the Borough Code. Such permit applications shall clearly state that the proposed modification constitutes an eligible facilities request. The permit applications shall detail all dimensional changes being made to the WCF and wireless support structure.
4.
Wind and Ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
5.
Signs. All WCFs shall post a sign in a readily visible location on each major equipment component identifying the name and phone number of a party to contact in the event of an emergency. The size and design of such signage shall be approved by the Borough. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
6.
Inspections; Reports. Within 30 days of request by the Borough, inspection reports shall be submitted to the Borough by the owner of a WCF to ensure structural integrity and compliance with applicable federal, state and local laws and regulations.
7.
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 WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough fee schedule.
8.
Performance Bond. The owner of a WCF shall obtain a performance bond in an amount sufficient to guarantee removal of the WCF. Evidence of such performance bond shall be provided to the Borough as part of a complete WCF application.
9.
Indemnification. Each person that owns or operates a 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 for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a 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 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.
10.
Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this section.
11.
Historic Areas. No WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places.
12.
Change in Ownership. If ownership of a WCF is transferred to a party other than the party designated as the owner on the original application for the WCF or any subsequent notice of change in ownership, notice detailing the change in ownership shall be provided to the Borough within 30 days of such change in ownership.
13.
Abandonment; Removal. In the event that use of a WCF and/or accessory equipment is 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. A WCF and/or dedicated accessory equipment not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
A.
All abandoned or unused WCFs and accessory equipment shall be removed and the site restored to as good a condition as existed prior to construction of the WCF within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Borough, unless a time extension is approved by the Borough.
B.
If the WCF or accessory equipment is not removed and the site restored to as good a condition as existed prior to construction of the WCF within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal or restoration assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
C.
The Borough reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Borough in taking action shall not invalidate the Borough's right to take action.
D.
Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of six months.
14.
Maintenance. The following maintenance requirements shall apply:
A.
All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
B.
All maintenance shall be performed by the owner of the WCF to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents in accordance with all applicable Borough, state and federal regulations.
C.
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. Maintenance logs will be provided to the Borough upon request.
15.
Timing of Approval. The following table details the applicable timeframe of approval for each type of WCF application:
Type of WCF/Application | Notice of Incompleteness | Final Decision |
|---|---|---|
Eligible facilities request | 30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices. | 60 total calendar days from receipt of initial application. |
Small WCF (collocated) | 10 business days from receipt of initial or supplemental application. | 60 total calendar days from receipt of initial application. |
Small WCF (new or replacement Wireless Support Structure | 10 business days from receipt of initial or supplemental application. | 90 total calendar days from receipt of initial application. |
Collocated WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices. | 90 total calendar days from receipt of initial application. |
Tower-Based WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices. | 150 total calendar days from receipt of initial application. |
§ 27-2003 General Requirements for all Tower-Based Wireless Communications Facilities Outside the Rights-of-Way.
[Ord. No. 867, 10/2/2023]
1.
The following regulations shall apply to all tower-based WCFs that do not meet the definition of a small WCF.
A.
Location Requirements.
(1)
Tower-based WCFs are permitted outside the public rights-of-way in the I-1 Industrial District by special exception, subject to the requirements of this Part 20.
(2)
Tower-based WCFs shall not be located in, or within 75 feet of, an area in which all utilities are primarily located underground.
B.
Application Requirements.
(1)
All applications for a tower-based WCF shall be submitted to the Borough Zoning Officer, who shall review the application for completeness and, if complete, refer the application to the Zoning Hearing Board.
(2)
All applications for a tower-based WCF shall include the following information:
(a)
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed tower-based WCF.
(b)
A site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
(c)
Aerial photographs of the area within a 500-foot radius of the proposed tower-based WCF and identify all existing WCFs in that area.
(d)
A description of the type and manufacturer of the proposed transmission radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
(e)
Evidence that a significant gap in wireless coverage or capacity exists 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 or capacity.
(f)
Where the tower-based WCF is proposed for location on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Borough that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
(g)
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use proceedings before Borough Council, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
(h)
Evidence that the proposed tower-based WCF cannot be accommodated on an existing wireless support structure. Borough Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the Antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an Antenna on those structures, buildings, and towers and was denied for one of the following reasons:
1)
The proposed antenna and accessory equipment would exceed the structural capability of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
2)
The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
3)
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed antenna and accessory equipment or to allow it to perform its intended function.
4)
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(i)
A report by a qualified engineering expert which shows that the tower-based WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
1)
Demonstrating that the proposed tower-based WCF complies with all applicable provisions of this § 27-2003.
2)
All application fees required by the Borough fee schedule.
3)
Notice. Within 10 business days of submission of an application for a tower-based WCF, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed tower-based WCF. The WCF applicant shall submit proof of the notification to the Borough.
4)
Sole Use on a Lot. A tower-based WCF may be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Borough Zoning Code.
5)
Combined With Another Use. A tower-based WCF may be permitted on a property with an existing use, subject to the following conditions:
a)
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the tower-based WCF.
b)
The minimum lot area shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and any guy wires, equipment building, security fence, and buffer planting.
6)
Design Regulations.
a)
Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum permitted height of any new tower-based WCF shall be 175 feet.
b)
Minimum Setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the tower-based WCF. The underlying lot must be large enough to accommodate accessory equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a tower-based WCF.
c)
Stealth Technology. Tower-based WCFs shall employ stealth technology which may include the wireless support structure being painted a certain color as approved by Borough Council or utilizing a galvanized finish.
d)
Compatibility with Surroundings. All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
e)
Council Considerations. Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
f)
Anti-Climbing Device. If deemed necessary by the Borough Council, a tower-based WCF shall be equipped with an anti-climbing device.
7)
Surrounding Environs.
a)
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
b)
The WCF applicant shall submit a soil report to Borough Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
8)
Fence/Screen.
a)
A self-locking security fence with a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing accessory equipment.
b)
The WCF applicant shall comply with any applicable requirements for buffer yards and screening as required by the Borough Code.
9)
Accessory equipment.
a)
Either a one single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area, housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing space on the tower-based WCF.
b)
Ground-mounted accessory equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.
c)
All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
10)
Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough Council with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this section.
11)
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.
12)
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Automatic lighting is prohibited and all lighting must be controlled manually by an on-site switch. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.
13)
Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.
14)
Repair of Nonconforming Tower-Based WCFs. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The collocation of antennas is permitted on nonconforming structures.
15)
Financial Security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the construction of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is fully constructed. Should the tower-based WCF be abandoned by the owner and/or operator, and not removed within 90 days of such abandonment, the Borough shall have the authority to remove the tower-based WCF and restore the site to its previous condition and recover the cost of said removal and restoration from the owner of the WCF.
16)
Insurance. Each person that owns or operates a tower-based WCF shall provide the Borough Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCP.
§ 27-2004 General Requirements for Collocated WCFs Outside the Rights-of-Way.
[Ord. No. 867, 10/2/2023]
1.
The following regulations shall apply to all collocated WCFs that do not meet the definition of a small WCF:
A.
Permitted in All Districts. Collocated WCFs are permitted as a conditional use outside the public rights-of-way in all zoning districts, subject to the requirements of this Part 20.
B.
Application Procedures.
(1)
All applications for a collocated WCF shall be submitted to the Borough Zoning Officer, who shall review the application for completeness and, if complete, refer the application to Borough Council.
(2)
All applications for collocated WCFs shall include the following information:
(a)
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed collocated WCF.
(b)
A site plan, drawn to scale, showing property boundaries, power location, total height of the collocated WCF, the entirety of the structure upon which the collocated WCF will be collocated, and accessory equipment locations.
(c)
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the collocated WCF.
(d)
Where the collocated WCF is located on a property or structure that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Borough that the owner of the property or structure has granted an easement or other property right, if necessary, for the collocation of the proposed WCF.
(e)
If the collocated WCF is proposed for location on a structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.
(f)
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the collocated WCF.
(g)
An aerial photograph of the proposed site showing the area within 500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.
(h)
Photo simulations depicting the collocated WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the collocated WCF.
(i)
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed collocated WCF and underlying structure upon which the WCF is attached are structurally sound and shall not endanger public health and safety.
(j)
A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
(k)
A certificate of insurance as required by this Part 20.
(l)
Certification of the application's compliance with all applicable requirements of this Part 20.
(m)
All application fees required by the Borough fee schedule.
C.
Development Regulations.
(1)
The total height of any collocated WCF and underlying support structure shall not exceed 10 feet above the maximum height permitted in the underlying zoning district.
(2)
In accordance with industry standards, all WCF applicants must submit documentation to the Borough justifying the total height of the collocated WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.
(3)
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. All evergreen screen shall surround the site. The evergreen screen shall be a minimum height of six feet at planting and shall not exceed 10 feet on center.
(4)
A security fence with a maximum height of eight feet shall surround any separate communications equipment building. A security fence for the purpose of this Part shall not be considered an accessory structure under use regulations of this chapter (this provision will allow a fence height greater than the maximum of six feet set forth elsewhere in this chapter). Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
D.
Design.
(1)
Collocated WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.
(2)
Collocated WCFs shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape.
(3)
Collocated WCFs and accessory equipment must be of a neutral color that is identical to or closely compatible with the structure so as to make the WCF and accessory equipment as visually unobtrusive as possible. Roof-mounted collocated WCFs shall match existing air-conditioning units, stairs, elevator towers or other background as nearly as possible.
E.
Prohibited on Certain Structures. No collocated WCF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
F.
Third Party Structures. Where the collocated WCF is proposed for collocation on a structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Zoning Officer that the owner of the structure has authorized collocation of the proposed collocated WCF.
G.
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 at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF 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. At the sole discretion of the Borough Zoning Officer, the establishment of a professional services agreement may be required.
H.
Insurance. Each person that owns or operates a collocated WCF shall annually 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 collocated WCF.
I.
Substantial Modification. Any substantial modification to a WCF shall require notice to be provided to the Borough Zoning Officer, and possible supplemental permit approval as determined by the Borough Zoning Officer in accordance with the Borough Code.
§ 27-2005 Small Wireless Communications Facilities.
[Ord. No. 867, 10/2/2023]
1.
The following regulations shall apply to all small WCFs:
A.
Siting Requirements.
(1)
Small WCFs located inside the rights-of-way shall be a permitted use in all Borough zoning districts, subject to the requirements of this Part 20 and generally applicable permitting as required by the Borough Code.
(2)
Small WCFs that are collocated on existing structures outside the rights-of-way shall be a permitted use in all Borough zoning districts, subject to the requirements of this Part 20 and generally applicable permitting as required by the Borough Code.
(3)
Small WCFs that require the installation of new or replacement wireless support structure that are located outside the rights-of-way shall be a permitted use in the I-1 Industrial District, subject to the requirements of this Part 20 and generally applicable permitting as required by the Borough Code.
B.
Application Requirements.
(1)
Applications for small WCFs shall be submitted to the Borough Zoning Officer.
(2)
Applications for small WCFs shall include the following information:
(a)
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
(b)
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Borough Code, signed by a representative of the WCF applicant.
(c)
Upon submission of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the WCF applicant shall mail notice to all owners of property within 500 feet of the proposed WCF. The WCF applicant shall provide proof of the notification to the Borough.
(d)
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
(e)
Where the small WCF is located on a property or structure that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Borough that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF.
(f)
If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
(g)
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
(h)
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
(i)
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
(j)
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
(k)
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
(l)
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
(m)
A certificate of insurance as required by this Part 20.
(n)
Certification of the application's compliance with all applicable requirements of this Part 20.
(o)
All application fees required by the Borough fee schedule.
C.
Resubmission After Denial.
(1)
If the Borough denies an application for a small WCF, the Borough shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Borough Code on which the denial was based, within five business days of the denial.
(2)
The WCF applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review.
D.
Consolidated Applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under Section 27-2002, Subsection 15, shall be extended by 15 days.
E.
Location and Development Standards.
(1)
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
(2)
All small WCFs shall comply with the Americans with Disabilities Act[1] guidelines adopted by the Borough and all applicable requirements relating to streets and sidewalks as established by Chapter 21 of the Borough Code.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
F.
Time, Place and Manner. Once approved, the Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
G.
Attachment to Municipal Structures. The Borough shall allow the collocation of small WCFs to structures owned by the Borough in accordance with the hierarchy detailed herein. If the WCF collocation of a small WCF is on a lower priority structure, it shall be a condition on the approval of the application that the WCF applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Borough's collocation preferences are as follows:
(1)
Power poles;
(2)
Traffic signage poles without traffic: signals;
(3)
Traffic signal poles.
H.
Prohibited on Municipal Streetlights. No small WCF may be located on a Borough-owned decorative streetlight or any associated support structure.
I.
Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.
J.
Prohibited on Certain Structures. No small WCF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
K.
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Borough.
L.
Design Standards. All small WCFs in the Borough shall comply with the requirements of the Borough small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough Zoning Office.
M.
Obsolete Equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
N.
Relocation or Removal of Facilities. Within 90 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 small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(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 that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Borough.
O.
Time Limit for Completion of Construction. The proposed collocation, the modification or replacement of a wireless support structure, or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Borough and the WCF applicant agree in writing to extend the period.
P.
Reimbursement for ROW Use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the 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 owner of each small WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
Q.
Insurance. Each person that owns or operates a small WCF shall annually 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 small WCF.
