A. The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a small WCF.
(1) Application procedures.
(a) Small WCFs shall be a permitted use in the public rights-of-way in all City zoning districts, subject to the requirements of this § 600-2104 and generally applicable permitting as required by the City Code.
(b) Applications for small WCFs shall be submitted to the City Zoning Administrator.
(2) Applications for small WCFs shall include the following:
(a) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
(b) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the City Code, signed by a representative of the WCF applicant.
(c) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
[i] If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
[ii] If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
(d) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the Small WCF.
(e) An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
(f) Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
(g) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
(h) A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
(i) A certificate of insurance as required by § 600-2104A.(15).
(j) Certification of the application's compliance with all requirements of this § 600-2104.
(k) All application fees required by the City as detailed in the City fee schedule.
(3) Resubmission following denial.
(a) If the City denies an application for a small WCF, the City shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the City Code on which the denial was based, within five (5) business days of the denial.
(b) The WCF applicant may cure the deficiencies identified by the City and resubmit the application within thirty (30) days of receiving the written basis for the denial without being required to pay an additional application fee. The City shall approve or deny the revised application within thirty (30) days of the application being resubmitted for review.
(4) Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a 30-day period. If the City receives more than one consolidated application or 20 single applications within a 45-day period, the applicable timeframe under § 600-2102P. shall be extended by 15 days.
(5) Location and development standards.
(a) Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
(b) All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all City Code requirements applicable to streets and sidewalks.
(6) Time, place and manner. Once approved, the City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(7) Attachment to municipal structures. The City shall allow the collocation of small WCFs to structures owned by the City in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the City's collocation preferences are as follows.
(a) Power poles;
(b) Traffic signage poles without traffic signals;
(c) Traffic signal poles;
(d) Decorative light poles.
(8) Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
(9) Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within ten (10) calendar days of notification by the City.
(10) Design standards. All small WCFs in the City shall comply with the requirements of the City Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the City Zoning Office.
(11) Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
(12) Relocation or removal of facilities. Within ninety (90) days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, 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 City or other public improvement in the right-of-way;
(b) The operations of the City 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 that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the City.
(13) Time limit for completion of construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the City and the WCF applicant agree in writing to extend the period.
(14) Reimbursement for ROW Use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the City'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 City'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 City. The owner of each small WCF shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
(15) Insurance. Each person that owns or operates a small WCF shall annually provide the City 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 small WCF.