(a) The following regulations shall apply to all non-tower WCF.
(1) Permitted in all zones as an accessory use subject to regulations. Non-Tower WCF are permitted in all zones as an accessory use subject to the
restrictions and conditions prescribed below and subject to applicable permitting by the Borough.
(2) Non-conforming Wireless Support Structures. Non-tower WCF shall be permitted to co-locate upon non-conforming tower-based WCF and other non-conforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.
(3) Non-commercial usage exemption. Borough residents utilizing satellite dishes and antennae for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the zoning ordinance.
(4) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(5) Wind. All non-tower WCF structures shall be designed to withstand the effects of wind gusts of at least one hundred miles per hour in addition 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).
(6) Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(7) Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(8) Radio frequency emissions. A non-tower WCF 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.
(9) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or potions of WCF shall be removed as follows:
A. All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.
B. If the WCF or accessory facility is not removed within two months 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 assessed against the owner of the WCF.
(10) Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in the minimum amount of one million dollars ($1,000,000) per occurrence covering the non-tower WCF. The Borough shall be named as an additional insured and shall be provided of proof of such insurance on an annual basis.
(11) Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims 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 non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(12) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
A. The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
B. 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.
C. All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(b) The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached and/or fall under the Pennsylvania Wireless Broadband Collocation Act:
(1) Permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
(2) Timing of approval for applications that fall under the WBCA. Within thirty calendar days of the date that an application for a non-tower WCF 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. Within sixty calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.
(3) Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within fifty feet of a lot in residential use or zoned residential.
(4) Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough’s actual costs in reviewing and processing the application for approval of a non-tower WCF or one thousand dollars ($1,000), whichever is less.
(c) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act.
(1) Prohibited on Certain Structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
(2) Special Exception Required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a special exception from the Borough Zoning Hearing Board. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the special exception process. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in the Ellwood City Zoning Ordinance and shall be submitted by the applicant to the Ellwood City Borough Zoning Hearing Board.
(3) Historic Buildings. No non-tower 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, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance.
(4) Retention of Experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of 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.
(5) Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough’s actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
(6) Development Regulations. Non-tower WCF shall be located on Borough-owned poles, structures, and land to the greatest extent possible. If such location is not economically or practically feasible, non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:
A. The total height of any wireless support structure and mounted WCF shall not exceed twenty feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.
B. In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.
C. If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
D. A security fence having a minimum height of six feet and a maximum height of eight feet 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.
(7) Design Regulations. Non-tower WCF 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 chosen by the WCF applicant shall be subject to the approval of the Borough.
(8) Removal, Replacement and Modification.
A. The removal and replacement of non-tower WCF 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 WCF or the numbers of antennae.
B. Any material modification to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.
(9) Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the zoning ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(d) Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the non-tower WCF provisions listed in this Section 1272.38, the following regulations shall apply to non-tower WCF located in the public rights-of-way:
(1) Location. Non-tower WCF in the ROW shall be located on existing poles owned by the Borough. If such location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that are not owned by the Borough.
(2) Design requirements.
A. WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and Borough-owned 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.
B. 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.
(3) Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF 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.
(4) Related equipment location. Non-tower WCFs 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 eighteen inches of the face of the curb or within an easement extending onto a privately-owned lot;
B. Ground-mounted related 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 any wireless support structures or any related equipment shall be removed at the sole expense of the owner.
E. Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Borough.
(5) Relocation or removal of facilities. Within sixty days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined 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.
(Ord. 2523. Passed 8-15-16.)