A. Standard of care.
(1) All WCFs shall meet or exceed all applicable 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. All necessary certifications shall be obtained by the WCF Applicant and provided to the City.
(2) If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six (6) months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for the removal of the WCF at the owner's expense.
(3) The WCF applicant shall submit proof of compliance with all applicable federal and state standards, including but not limited to those established by the Federal Communications Commission, as part of any complete WCF application.
B. 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 local, state and federal laws and regulations applicable to the proposed WCF.
C. Eligible facilities requests. WCF applicants proposing a modification to an existing WCF shall be required only to obtain all necessary permits of general applicability from the City. In order to be considered for such permits, the WCF applicant must submit permit applications to the City in accordance with the requirements of the City Code. Such permit applications shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR § 1.6100. The permit applications shall detail all dimensional changes being made to the WCF and wireless support structure.
D. 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.
E. Non-conforming wireless support structures. WCFs shall be permitted to collocate upon existing non-conforming wireless support structures. Collocation of WCFs upon existing wireless support structures is encouraged even if the existing wireless support structure is non-conforming as to use within a zoning district.
F. 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 City. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
G. Inspections; reports. Inspection reports shall be submitted to the City by the owner of a WCF upon request to ensure structural integrity and compliance with applicable federal, state and local codes and regulations.
H. Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City'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 City fee schedule.
I. Performance bond. The owner of a WCF obtain a performance bond in an amount sufficient to guarantee removal of the WCF. Evidence of such performance bond shall be provided to the City as part of a complete WCF application.
J. Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, 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 City 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.
K. Non-commercial usage exemption. City 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 Part.
L. Historic buildings. No tower-based WCF or non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic or conservation districts list maintained by the City. Small WCFs shall be permitted in the public rights-of-way in such districts subject to the requirements of this Part 21 and the City's Small WCF Design Manual.
M. Change in ownership. If ownership of a WCF is transferred to a party other than the party designated as the owner on the application for the WCF, notice detailing the change in ownership shall be provided to the City within thirty (30) days of such change in ownership.
N. Abandonment; removal. In the event that use of a WCF and/or its dedicated accessory equipment is to be discontinued, the owner shall provide written notice to the City 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 twelve (12) months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
(1) All abandoned or unused WCFs and accessory equipment shall be removed within ninety (90) days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the City, unless a time extension is approved by the City.
(2) If the WCF or accessory equipment is not removed within ninety (90) days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
(3) The City 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 City in taking action shall not invalidate the City's right to take action.
(4) 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 twelve (12) months.
O. Maintenance. The following maintenance requirements shall apply:
(1) All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
(2) Such 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 City's residents and in accordance with all applicable City, state and federal regulations.
(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. Maintenance logs will be provided to the City upon request.
P. 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. |
Non-Tower 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. |