(a) The following regulations shall apply to all tower-based wireless communications facilities.
(1) Standard of Care. Any tower-based 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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based 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.
(2) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Borough.
(3) Special Exception Required. Tower-based WCF are permitted by special exception, at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
A. Prior to the Zoning Hearing Board’s approval of a special exception authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant’s service area and that no other viable alternative location exists.
B. The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, 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.
C. The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
D. Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
E. The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.
F. In determining the location of a proposed tower-based WCF, preference shall be given to municipally-owned property on the northern and southern ends of the Borough.
(4) Engineer Inspection. Prior to the Borough’s issuance of a permit authorizing construction and erection of a tower-based WCF, the applicant shall employ a Pennsylvania-registered structural engineer to issue to the Zoning Hearing Board a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association. Such engineer shall also certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception proceedings, 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.
(5) Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Borough Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCF and related 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. The Zoning Hearing Board 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; benefit neighboring properties by preventing 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.
(6) Co-location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned by the Borough of Ellwood City. The Borough Zoning Hearing Board 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 commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter of a 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:
A. The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
B. The proposed antenna and related 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.
C. Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
D. A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(7) Permit Required for Modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Borough. Non-routine modifications and modifications that substantially change the wireless support structure shall be prohibited without a permit.
(8) Gap in Coverage. A WCF applicant for a tower-based WCF 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 Zoning Hearing Board's decision on an application for approval of tower-based WCF.
(9) Additional Antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCF where technically and economically feasible. To the extent permissible by law, the owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Borough.
(10) Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts of at least 100 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/EIA/TIA-222, as amended).
(11) Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed more than 200 feet in height. tower-based WCF sited in the public rights-of-way shall not exceed forty feet in height.
(12) Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding ten feet by twenty feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(e) space on the tower-based wireless communications facility.
(13) Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(14) Maintenance. The following maintenance requirements shall apply:
A. Any tower-based 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 WCF in order to promote the safety and security of the Borough's residents, and utilize the best available technology for preventing failures and accidents.
(15) Radio Frequency Emissions. A tower-based 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.
(16) Historic Buildings or Districts. A tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough.
(17) Signs. All tower-based WCFs 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.
(18) 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. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.
(19) Noise. Tower-based WCF 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, as delineated in the Federal Communications Commission October 2014 Order and Report.
(20) Aviation Safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(21) Retention of Experts. The Borough Zoning Hearing Board may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these 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.
(22) Timing of Approval. Within thirty calendar days of the date that an application for a tower-based 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. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF 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.
(23) Non-Conforming Uses. Non-conforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location to its original condition or better, but must otherwise comply with the terms and conditions of this section.
(24) Removal. In the event that use of a tower-based WCF 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. Unused or abandoned WCF or portions of WCF shall be removed as follows:
A. All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough. The site shall be restored to its original condition or better, following the removal of the WCF.
B. If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
C. Any unused portions of tower-based WCF, including antennae, shall be removed within six months of the time of cessation of operations.
(25) 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 tower-based WCF, as well as related inspection, monitoring, and related costs.
(26) FCC License. Each person that owns or operates a tower-based WCF over forty feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(27) Insurance. Each person that owns or operates a tower-based WCF greater than forty feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of five million dollars ($5,000,000) per occurrence and property damage coverage in the minimum amount of five million dollars ($5,000,000) per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF forty feet or less in height 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 each tower-based WCF. The Borough shall be named as an additional insured and shall be provided of proof of such insurance on an annual basis.
(28) Indemnification. Each person that owns or operates a tower-based 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 tower-based WCF. Each person that owns or operates a tower-based 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 tower-based 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.
(29) Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(30) 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 removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
(b) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(1) Development regulations.
A. Tower-based WCF shall not be located in, or within 100 feet of, an area in which utilities are located underground.
B. Tower-based WCF are permitted in the following zoning districts by special exception, with preference given to municipally-owned property on the northern and southern ends of the district, subject to the above prohibition:
1. R-l A-Residential District
2. R-2 B-Residential District
3. I Industrial District
C. Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal one hundred percent of the proposed WCF structure height.
D. Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
1. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
2. Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires (if necessary), the equipment building, security fence, and buffer planting if the proposed WCF is greater than forty feet in height.
3. 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 the total height of the tower-based WCF plus thirty feet or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Zoning Hearing Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than. the required minimum setback without endangering such adjoining uses and their occupants.
(2) Design Regulations.
A. The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
B. To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough Zoning Hearing Board.
C. Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant’s antennae and comparable antennae for future users.
D. Any tower-based WCF over forty feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(3) 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 the Borough Zoning Hearing Board complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-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.
(4) Fence/Screen.
A. A security fence with a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than forty feet in height, as well as guy wires, or any building housing WCF equipment.
B. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Borough Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Zoning Hearing Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible. Will replace as necessary any existing trees and shrubs damaged.
(5) Accessory Equipment.
A. Ground-mounted related 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.
B. All related 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.
(6) Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Such access road shall be constructed and maintained, in conformance with the standards issued by the Pennsylvania Department of Transportation. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
(7) Parking. For each tower-based WCF greater than forty feet in height, there shall be two off-street parking spaces.
(8) Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with 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.
(c) The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.
(1) Location and development standards.
A. Tower-based WCF are prohibited in areas in which utilities are located underground.
B. Tower-based WCF shall not be located in the front facade area of any structure.
C. Tower-based WCF forty feet or shorter in height shall be permitted along certain collector roads and arterial roads throughout the Borough, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Borough Secretary’s Office.
(2) Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based 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.
(3) Equipment Location. Tower-based WCF 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 twenty-four inches of the face of the curb.
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. Maintained and replaced as necessary by the WCF owner.
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.
E. Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.
(4) Design Regulations.
A. 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. Tower-based WCF sited in the public ROW shall not exceed forty feet in height.
C. To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF in the ROW shall require prior approval of the Borough Zoning Hearing Board, and shall not increase the overall height of the tower-based WCF to more than forty feet.
D. Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(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 tower-based 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:
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.
(6) Reimbursement for ROW Use. In addition to permit fees as described in this section, every tower-based 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 tower-based 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.
(Ord. 2523. Passed 8-15-16.)