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These regulations are established to provide for the construction and use of wireless telecommunication towers and facilities as permitted uses or special uses, depending on the location in which they are proposed to be located. The purpose of these regulations is to find suitable locations in the City which will balance the competing interests created by the Federal Telecommunication Act of 1996, Pub. L. 104-104, and the interests of the City in regulating wireless telecommunication towers, antennae and related facilities. Specifically, these regulations are intended to permit reasonable development options for wireless telecommunication facilities consistent with the Telecommunications Act of 1996 in a manner which will:
(a) Protect property values.
(b) Provide for orderly and safe development within the City.
(c) Protect the scenic and visual character of the community.
(d) Minimize any adverse affects on the residential properties, parks, open spaces and the non-intensive commercial zoning districts of the City.
(e) Promote co-location of wireless telecommunication facilities in order to decrease the number of towers in the City.
(Ord. 58-01. Passed 5-29-01.)
For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(a) “Antenna.” Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.
(b) “Co-location.” The use of a wireless telecommunication facility by more than one wireless telecommunication provider, or by one provider for more than one type of telecommunication technology.
(c) “High tension power line.” A line that carries an electric current at 345kv or greater.
(d) “Lattice tower.” A support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure, which often tapers from the foundation to the top.
(e) “Monopole.” A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(f) “Parabolic antenna”(also known as a satellite dish antenna). An antenna which is bowl-shaped, designed for the reception and or transmission of radio frequency communication signals in a specific directional pattern.
(g) “Personal wireless services.” Any commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 USC 322(c)(7).
(h) “Provider.” Any corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity or individual that provides wireless service over personal wireless service facilities.
(i) “Technically necessary.” The location of a wireless telecommunication antenna that is needed in order to reasonably serve the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna has been licensed by the Federal Communications Commission to operate without a significant loss of telecommunication capability within the developed areas of the City.
(j) “Telecommunication.” The technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems and includes the term “personal wireless services.”
(k) “Wireless telecommunication antenna.” The physical device through which electromagnetic wireless telecommunication signals authorized by the FCC are transmitted or received. Antennae used by amateur radio operators are excluded from this definition.
(l) “Wireless telecommunication equipment shelter.” The structure or cabinet in which the electronic receiving and relay equipment for the wireless telecommunication facility is housed.
(m) “Wireless telecommunication facility.” Any structure, antenna, tower, or other device which provides radio, television or cable transmission, fixed point microwave, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange phone services, common carrier wireless exchange access services, and personal communications service (PCS) or pager services.
(Ord. 58-01. Passed 5-29-01.)
The following are exempt from the provisions set forth in this chapter:
(a) Antennas as Accessory Use. An antenna that is an accessory use to a residential dwelling unit.
(b) Amateur (ham) Radio Stations. Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).
(c) Emergency Wireless Telecommunication Facility. Temporary wireless communication facilities for emergency communications by public officials.
(d) Parabolic Antennae (Satellite dishes). Parabolic antennas less than seven feet in diameter, that are an accessory use of the property.
(Ord. 58-01. Passed 5-29-01.)
These regulations establish a hierarchy of acceptable land areas for the location of wireless telecommunication facilities. The City has reviewed possible alternative locations and has determined it is in the public interest to encourage such facilities in the following order of priority.
(a) Permitted Use. A wireless telecommunication facility shall be permitted by right in the following areas, provided such facility complies with these regulations and is approved by the Planning Commission according to the procedures in Chapter 1228 for development plan review. Efforts should be made to locate wireless telecommunication facilities in the order of priority listed below. If a location other than the most preferred location is proposed, the applicant shall demonstrate to the Planning Commission that a technically necessary higher priority location is not available, and that the proposed location is needed to meet the reasonable service requirements of the applicant.
(1) New wireless antennae may co-locate on existing telecommunication towers or on existing structures which have been constructed for other purposes, such as but not limited to water towers, church towers, electric transmission towers, chimneys and cooling towers, provided that the proposed antenna is located on and does not extend more than ten feet above the highest point of the existing structure, except as otherwise regulated in Section 1284.06(e).
(2) In the M-1, M-2 or O-2 districts, provided the wireless tele- communication facility is located a minimum of 300 feet from any residential district.
(3) A wireless telecommunication tower may be located within a recorded electric high tension power line easement, provided that the tower shall not exceed the height of the existing high tension power line towers by more than ten feet, and the wireless telecommunication tower shall be located within 40 feet of such existing electric high tension power line towers.
(b) Locations Requiring Special Use Approval. A wireless telecommunication facility may be permitted as a special use in the following locations with the recommendation of the Planning Commission and the approval of Council according to the procedures set forth in Chapter 1230 and when determined to be in compliance with the standards for approval set forth in Sections 1284.05 and 1284.06. The City has determined it is in the public interest to encourage these facilities in the following order of priority.
(1) In the O-1 and C-4 districts provided that the wireless telecom- munication facility is located a minimum of 300 feet from any residential district.
(2) On City-owned land within Schwartz Road Park, Veteran's Memorial Park, or French Creek Conservation Area, provided that the location is set back a minimum of 300 feet from any abutting property line or street right-of-way.
(Ord. 58-01. Passed 5-29-01; Ord. 29-07. Passed 6-25-07.)
All wireless telecommunication facilities shall comply with the following standards.
(a) Towers shall be of a monopole design and construction. No guy-wired towers or lattice-type structures shall be permitted, except as provided for in section 1284.06(e).
(b) All wireless telecommunications facilities shall comply with the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision standards entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.”
(c) Unless otherwise provided for in this section, a wireless telecommunication facility shall comply with the setback and yard requirements applicable to buildings in the district in which it is located.
(1) A wireless telecommunication tower shall be placed upon the lot in such a way as to minimize the visual impact on adjoining roads and properties.
(2) If there is a principal building or use existing on the lot at the time the wireless telecommunication facility is proposed, the wireless telecommunication facility shall not be located in front of the principal use or building on the lot.
(d) All poles having a height greater than 95 feet shall be designed to accommodate at least three antennae.
(e) Recognizing that the Federal Aviation Administration (FAA) may impose greater restrictions, a wireless telecommunication tower shall in no event be taller than 200 feet in height as measured from the average ground level at the base of the tower. The applicant of a proposed tower shall demonstrate that the proposed tower is the minimum height necessary to accommodate the antennae, and is no higher than existing towers housing similar antennae.
(f) The base of the tower and all related equipment shelters shall be completely enclosed with a security fence and gate having a minimum height of eight feet. Gates shall be locked at all times.
(g) A landscaped buffer area of not less than 15 feet in depth shall be located around the required security fence. The landscaping shall be continuously maintained and promptly restored when necessary and shall consist of at least one of the following:
(1) A row of hardy evergreen trees tightly spaced. The initial plantings shall be no less than six feet tall and planted a maximum of five feet on center.
(2) Existing vegetation, inclusive of trees and shrubs, shall be preserved to the maximum extent possible.
(3) Other appropriate landscaping that achieves the screening objective, when approved by the Planning Commission or Council.
(h) Any time a wireless telecommunication facility proposes to co-locate on a site which is already occupied by a building or structure, the proposed wireless telecommunication facility shall comply with the standards set forth below:
(1) Color and Materials. The color and materials of the apparatus must blend with the color and materials of the existing surroundings surfaces.
(2) Equipment Shelter. Any provider who has authorized co-location on an existing wireless telecommunication facility shall be allowed to install any necessary accessory equipment shelter and related equipment at or near the base of the tower, so long as the accessory equipment shelter and related equipment are either located completely within the existing structure or are located within the fenced area.
(3) Landscaping. When reviewing such shelter, the Planning Commission shall require:
A. The applicant to replace any landscaping that is removed with the equivalent quantity and type of landscaping on-site in a manner to achieve the original intent of the landscaping plan.
B. The design of fencing and materials to be compatible with the design and materials of the proposed shelter.
C. Landscaping to sufficiently screen the proposed shelter and/or equipment.
(i) Wireless telecommunication towers shall be camouflaged to the extent practicable. At a minimum, such towers shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(j) Any apparatus or structure placed upon a wireless telecommunication tower shall not extend more than four feet from any pole in any horizontal direction.
(k) All equipment shelters and any other accessory buildings related to the wireless telecommunication facility shall comply with the regulations set forth for the district in which the tower is located.
(l) Unless otherwise permitted in the district in which the facility is located, overnight outdoor storage of any supplies, vehicles or equipment related to the use of the facility shall be prohibited, except during the facility construction period and to supply emergency power to the facility during a power outage.
(m) Each wireless telecommunication tower shall be equipped with an appropriate anti-climbing device or shall have all climbing pegs from the lower 20 feet of the tower removed and separately secured from the public.
(n) Except as required by law, an antenna or a tower shall not be illuminated and shall not have lighting fixtures attached to it. If lighting is required by FAA regulations, the most visually unobtrusive state-of-the-art lighting available shall be used, unless otherwise required by the FAA. Lighting for security purposes shall be permitted with the prior approval of Council pursuant to a special use permit being issued in compliance with Chapter 1230.
(o) “No Trespassing” signs and a warning sign shall be posted on the required fence in clearly visible locations. The warning sign shall include phone numbers for the police, fire and county emergency management facilities, and a local or toll-free telephone number of whom to contact in the event of an emergency. The warning sign shall be 12 inches by 12 inches. No other signs or advertising devices shall be permitted anywhere on a wireless telecommunication facility site.
(Ord. 58-01. Passed 5-29-01.)
A wireless telecommunication facility that is proposed in a location that requires special use approval shall comply with the following:
(a) A wireless telecommunication facility shall be permitted in a location set forth in Section 1284.04(b) only to the extent that a technically necessary location is not available in an area identified in Section 1284.04(a). The applicant shall demonstrate that a technically necessary location in an area identified in Section 1284.04(a) is not available because:
(1) If a technically necessary location does not exist in any area set forth in Section 1284.04(a), the applicant shall provide documentation that supports the applicant s claim that no such technically necessary location exists; or
(2) If another tower, building or structure set forth in Section 1284.04(a)(1) is technically necessary then the applicant must show that reasonable efforts have been made to:
A. Request co-location on the existing tower(s), building(s) or structure(s), and that each co-location request was rejected by the owner of the tower, building or structure; or
B. Request all owners of properties that are determined to be technically necessary locations to allow it to construct a wireless telecommunication tower under reasonable terms and that each request was rejected.
(b) The wireless telecommunication tower shall be located on the property where it will have the least impact on surrounding properties as determined by the Planning Commission and/or Council.
(c) As a condition of approving the special use permit to construct and operate a wireless telecommunication tower in the City, the owner/operator of the wireless telecommunication tower shall be required to allow co-location until the tower has reached full antenna capacity. In no event shall the owner/operator agree to allow fewer than two additional antenna platforms. Agreement to this provision shall be included in the applicant's lease with the landowner, if different from the owner/operator of such tower. Written documentation shall be presented to the Zoning Enforcement Officer, showing that the owner of the property on which such tower is to be located has agreed to the terms of this division, as well as all other applicable requirements, regulations and standards set forth in this section.
(d) Any wireless telecommunication tower proposed as a special use shall be located a minimum of one-half mile from any other wireless tele-communication tower proposed or previously approved as a special use.
(e) The Planning Commission may grant approval for a tower with a height greater than set forth in Section 1284.05(e), a guy-wired tower, or a lattice-type structure when the applicant demonstrates that such structure:
(1) Is needed to meet the reasonable service requirements of the applicant;
(2) Will result in fewer towers; or
(3) Will result in a tower in a higher preferred location.
(Ord. 58-01. Passed 5-29-01.)
The owner/operator of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the zoning permit, file a declaration with the Zoning Enforcement Officer as to the continuing operation of every facility which is subject to this chapter and each facility's continued compliance with all governmental requirements.
(Ord. 58-01. Passed 5-29-01.)
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