1. The applicant shall demonstrate the following, the demonstration of which shall be evaluated by the Planning Commission and the Borough.
1. Planned equipment will not exceed the structural capacity of existing communications towers considering existing and planned use of those communications towers, and existing communications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost.
2. Planned equipment will not cause radio frequency (RF) interference with other existing or planned equipment for that communications tower, and the interference cannot be prevented at a reasonable cost.
3. Existing or approved communications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned.
4. Other reasons make it impractical to place the equipment planned by the applicant on existing and approved communications towers.
5. The applicant shall also include a plan to indicate feasibility of locating additional communications antennas on the proposed communications tower.
6. Where a communications tower is proposed, the applicant shall similarly demonstrate the exhaustion or ineffectiveness of other options as well as the need for the tower proposed.
7. No tower permitted shall exceed 199 feet in height.
8. Towers shall be setback one foot for every one and one-half feet of the height of the tower or within the district setbacks which would otherwise apply to other principal structures, whichever is greater.
9. A solid fencing surrounded by low level landscaping shall screen all other associated structures or equipment. Said structures shall comply with all standards applying to principal structures within the district in which said structures are placed.
10. No tower shall be located closer than one mile to any other existing tower. In cases of telecommunications, the applicant shall demonstrate that a significant gap exists in the nationwide cellular network thus necessitating the erection of an additional tower.
11. Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
12. Time Period for Municipal Response. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the Borough shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF Applicant to provide the information shall not be counted toward the 150-day review.
2. The following regulations shall apply to communications towers located in the public rights-of-way.
1. Location and development standards.
A. Height. Communications towers in the ROW shall not exceed 32 feet in height and are prohibited in areas in which all utilities are located underground.
B. Location. Communications tower shall not be located in the front façade area of any structure.
C. If co-location on exiting utility poles, communications towers, or other tall structures is not possible, new communications towers in the ROW shall be permitted along the following streets and roads:
(1) 500 block of Victor Street
(2) 500 block of Playford Street
(3) 1100 block of Melrose Street
(4) 400 block of Leslie Street.
2. Equipment Location. Communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
A. In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb.
B. Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
C. Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.
D. Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner and or/operator of the tower within 30 days’ notice from the Borough of the existence of such graffiti.
3. Design regulations.
A. Stealth Technology. The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
B. Design to Promote Other Users. Any proposed communications towers shall be designed structurally, electrically, and in all respects, to accommodate both the WCF applicant’s antennae and comparable antennae for future users.
C. Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
D. Lighting. No communications tower 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. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.
E. Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
F. Engineer signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
4. Gap in Coverage. A WCF applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Borough’s decision on an application for approval of communications tower.
5. Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
6. Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower and the Borough shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
7. 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 communications tower 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:
A. The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
B. The operations of the Borough or other governmental entity in the right-of-way;
C. Vacation of a street or road or the release of a utility easement; or
D. An emergency as determined by the Borough.
8. Insurance. Each person that owns or operates a communications tower shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.
9. Reimbursement for ROW use. In addition to permit fees as described in this section, every communications tower 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 communications tower 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.
10. Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers 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.
3. Communications Antennas.
1. Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act shall not be subject to conditional use proceedings.
2. Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act shall be subject to the following regulations:
A. Non-commercial usage exemption. Borough residents utilizing satellite dishes and antennae for the purpose of maintaining television, phone, amateur (HAM) radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.
B. Standard of care. All communications antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
C. Radio frequency emissions. A communications antenna shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
D. Historic Buildings. No communications antenna 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, or is listed on the official historic structures and/or historic districts list maintained by the Borough.
E. Collocation. Communications antennas in the ROW shall be collocated on existing poles, such as existing utility poles or light poles. If collocation is not technologically feasible, the WCF applicant shall locate its communications antenna on existing poles or freestanding structures that do not already act as wireless support structures with the Borough’s approval.
F. Design Requirements:
(1) Height. WCF installations located above the surface grade in the public 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 that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(2) Stealth design. Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. Borough Council shall have the discretion to approve or deny the applicant’s final design choice.
G. Insurance for Facilities not in the ROW. Each person that owns or operates a communications antenna not located in the ROW shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.
H. Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas 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.
I. Removal, Replacement and Modification of Antennas not in the ROW.
(1) The removal and replacement of a communications antenna and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of antennae.
(2) Any material modification to an existing WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.
J. Relocation or Removal of Facilities in the ROW. Within two months following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable 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 defined by the Borough.
(Ord. 935, 5/10/2018, §27-805)