All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall comply with the following:
(a) Site Plan. The applicant shall provide a full site plan, showing all existing and proposed structures and improvements, including, but not limited to, the antenna or antennas, antenna support structure, building, fencing, landscaping, and means of ingress and egress. The plan shall comply with all applicable requirements of a site plan as stated in the Borough's subdivision ordinance, Chapter 1286
of this Planning and Zoning Code.
(b) National Register of Historic Places Act. The applicant shall demonstrate that it has complied with all requirements of a Section 106 review pursuant to the National Register of Historic Places Act (P.L. 89-665, 80 Stat. 915, 16 U.S.C. 470 et seq., as amended). The applicant shall inform the Borough when the Section 106 review process is initiated, so that the Borough may elect to participate. If the Borough so requests, the applicant shall make available any and all documents or other materials that were part of the Section 106 review.
(c) Siting. If the applicant proposes to locate a wireless communications facility in a location other than a designated site, the applicant shall demonstrate that a designated site cannot be utilized for proper functioning in the applicant's system.
(d) Co-location. If the applicant (excluding amateur radio operators) proposes to build an antenna support structure (as opposed to mounting the antenna or antennas on an existing structure), the applicant shall demonstrate that it has contacted the owners of suitable structures within a one-mile radius of the location of the proposed antenna support structure for permission to install the antenna or antennas on those structures, and that such permission has been denied by all such owners. The Borough Council may deny an application to construct a new antenna support structure if the applicant has not made a good-faith effort to mount the antenna or antennas on an existing structure.
(e) Amateur Radio Operators. If the applicant is an amateur radio operator, the applicant shall demonstrate that any existing antenna on the applicant's premises cannot be utilized for the proper functioning of the applicant's system. If the applicant seeks to erect a free-standing antenna, the applicant shall demonstrate that attaching an antenna to an existing structure, such as the applicant's dwelling, would be unsuitable for the proper functioning of the applicant's system.
(f) Design. In order to reduce the number of antenna support structures needed in the Borough in the future, the applicant shall demonstrate that the proposed antenna support structure is designed to accommodate other communications users, including, but not limited to, commercial wireless communications companies and emergency communications users.
(g) Antenna Height. The applicant shall demonstrate that the antenna or antennas and antenna support structure must be located where proposed and at the height proposed and constructed in the manner proposed in order to satisfy its obligations under its federal license for telephone communications. The applicant shall also demonstrate that the antenna is no higher than the minimum height required to function in accordance with the applicant's license. Notwithstanding anything contained in this Zoning Code to the contrary: (i) building-mounted wireless communications facilities shall be no higher than fifteen feet above the structure upon which they are located and (ii) no wireless communication facility height in excess of 100 feet shall be permitted.
(h) Setbacks From Base of Antenna Support Structure. In order to insure that wireless communication facilities are not placed in a manner that will adversely affect the character of the neighborhoods within which they are placed, and in order to minimize conflicts between the wireless communication facilities and surrounding uses, the minimum distances between the base of any antenna support structure, not placed on an existing structure and not located on a designated site, or any guy wire anchors and any property line, residential district boundary line or right-of-way line shall be as follows:
(1) If the antenna support structure, including the antenna, does not exceed the maximum height permitted for buildings in the district, except the PA Parks District, the setback shall be the same as for a building in the district.
(2) If the antenna support structure, including the antenna, exceeds the maximum height permitted for buildings in the district, or is in the PA Parks District, the setback shall be 100% of the height of the antenna support structure, including the antenna.
(3) If the antenna support structure is located adjacent to a residential district, the setback from the boundary of the residential district shall be 200% of the height of the antenna support structure, including the antenna.
(i) Licensing and Applicable Regulations. The applicant must demonstrate that it is licensed by the Federal Communications Commission (FCC) and provide the Borough Manager with copies of all FCC applications, approvals, licenses, and site inspection records. All such information shall be accompanied by a certification signed by the applicant or an officer of a corporate applicant stating that, after due inquiry, the information being supplied is true and correct to the best of his or her knowledge, information, and belief. The applicant shall also provide the Borough Manager with copies of all the applicable Federal laws and regulations with which it is required to comply and a schedule of estimated FCC inspections.
(j) Building Permits. The applicant shall obtain building permits as required by applicable Borough ordinances and shall comply with all applicable requirements for inspections and certifications. Permits will be required for any antenna support structure and for any other construction meeting the definition of a structure in this Zoning Code.
(k) Safety of Antenna Support Structure. The applicant shall demonstrate that the proposed antenna or antennas and antenna support structure are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including, but not limited to, the standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineers, Telecommunications Industry Association, American National Standards Institute, and Electrical Industry Association.
The applicant shall demonstrate that the proposed wireless communications facility is designed in such a manner that no part of the facility will attract or deflect lightning onto adjacent properties.
When an antenna is to be located on an existing structure and the general public has access to that structure, the applicant shall provide engineering details to show that appropriate steps have been taken to prevent microwave binding to wiring, pipes, or other metals. For purposes of this chapter, "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including, but not limited to, power lines and telephone wires, during which process the transference of energy from one to another occurs.
(l) Soil Report. A soil report complying with the standards of Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall be submitted to the Borough Engineer to document and verify that the design specifications of the foundations for the antenna support structure, and anchors for the guy wires, if used, are in conformity with applicable standards. Amateur radio operators are exempt from this requirement.
(m) Inspection by Engineer. The applicant (excluding amateur radio operators) shall provide to the Borough a report from a structural engineer registered in Pennsylvania attesting that the proposed antenna support structure meets the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association. The application also shall provide a report from a structural engineer registered in Pennsylvania attesting that the construction of the foundation and erection of the antenna support structure are proper and in accordance with the applicant's proposal and applicable engineering standards, and, for any applicant proposing a wireless communications facility to be mounted on a building or other structure, a report from a structural engineer registered in Pennsylvania attesting that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(n) Visual Appearance.
(1) Antenna support structures shall be painted or otherwise treated to remain free of rust, and the wireless communications facility shall be kept in good repair. All wireless communications equipment, buildings, and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment to the extent possible.
(2) To the extent any building-mounted antenna is located on a flat-roofed building, such antenna shall be set back from the edge of the building on which it is located by at least ten feet.
(o) Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The security fence shall be a maximum of eight feet high. No barbed wire or razor wire fencing is permitted.
(p) Landscaping. The antenna support structure shall be landscaped to screen as much of it as possible. Zoning Hearing Board may in its discretion permit or require any combination of topography, walls, decorative fences, or other features instead of landscaping if, in the opinion of the Zoning Hearing Board, such alternative features achieve the same degree of screening as the required landscaping, as defined below:
(1) An evergreen screen shall be required on the outside (the side opposite the side facing the antenna support structure) of any security fence, surrounding the antenna support structure and totally screening its base and any security fence. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of fifteen feet at maturity.
(2) Existing vegetation on and around the land site shall be preserved to the greatest extent possible.
(q) Maintenance. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and the traffic and noise impact of such maintenance.
(r) Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA, or other governmental agency.
(s) Lighting. Antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.
(t) Interference. In the event the wireless communications facility causes interference with the radio or television reception of any Borough resident for a period of three continuous days, the resident shall notify the owner or the Borough Manager of such interference and the owner, at the owner's sole expense, shall thereafter ensure that any interference problems shall be corrected promptly. Amateur radio operators are exempt from the requirements of this subsection because of the obligations imposed on them by Part 97, Subsection 307 C of the Federal Telecommunications Act.
(u) Proof of Inspection. The owner of an antenna support structure shall submit to the Borough Engineer proof of the annual inspection of the antenna support structure and antenna or antennas by an independent professional engineer as required by the ANSI/EIA/TLA-222-E Code. Based upon the results of such inspection, the Borough may require the removal or repair of the wireless communications facility. In the event this annual inspection is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with Section 617.2 of the Pennsylvania Municipalities Planning Code and applicable Borough ordinances.
(v) Annual Report. In January of each year, and any time during the calendar year in which there is a change in any of the following, the owner of any wireless communications facility, excluding amateur radio operators, shall provide the Borough Manager with the following information:
(1) The names and addresses of the owner of the wireless communications facility and any organization or organizations utilizing the wireless communications facility and the telephone numbers of the appropriate contact person or persons in case of an emergency.
(2) The name, address, and telephone number of the owner of the property on which the wireless communications facility is located.
(3) The location of the wireless communications facility by geographic coordinates, including the latitude and longitude.
(4) The output frequency of the transmitter.
(5) The type of modulation, digital format, and class of service.
(6) Antenna gain.
(7) The effective radiated power of the antenna or antennas.
(8) The number of transmitters, channels, and antennas.
(9) A copy of the owner's or operator's FCC authorization. This shall be provided during the calendar year if there is a change of ownership or operator.
(10) Antenna height.
(11) Power input to the antenna.
(12) Distance to the nearest base station. "Base station" is defined as the low-powered radio transmitting and receiving center of each cellular geographic serving area.
(13) A certification signed by the owner or an officer of a corporate owner that the wireless communications facility complies with this chapter and with all applicable governmental regulations, including, but not limited to, output and emission limits established by the FCC.
(w) Abandonment. If the use of the wireless communications facility is abandoned, or if the wireless communications facility is not in use for a period of six months or longer, the owner shall remove the wireless communications facility from the land site within six months of such abandonment or discontinuance of use. All costs of removal shall be borne by the owner of the wireless communications facility. In the event this removal is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with Section 617.2 of the Pennsylvania Municipalities Planning Code and applicable Borough ordinances.
(x) Location on Certain Residential Buildings Prohibited. Building mounted wireless communications facilities shall not be located on any single family dwelling or two-unit multifamily dwelling.
(y) Equipment Buildings. Any wireless communications equipment building shall comply with the required yards and height requirements of the applicable Zoning District for an accessory structure, provided, however, that any wireless communications equipment building located in the PA Parks District shall comply with the yard and height requirements of the IN Institutional District.
(z) Bond for Removal Costs. The owner or operator of any wireless communications facility is required to notify the Borough immediately upon cessation and abandonment of the operation. Wireless communications facilities that are no longer licensed and active facilities shall be removed at the owner's expense with sixty days of the last date that the facility was licensed by the FCC. At the time of issuance of the permit for construction of the wireless communications facility, a bond or escrow account shall be posted with the Borough in an amount certified by the applicant's engineer and confirmed by the Borough engineer to be sufficient to cover the costs of removing such wireless communications facility and disposing of all of its components, together with a financial security agreement authorizing the Borough to use the funds to remove the facility if the facility is abandoned, and further authorizing the Borough to place a lien on the premises in the event the escrow or bond is insufficient to cover the costs of removal and disposal. The financial security agreement shall be executed by both the applicant and the landowner. At the time of filing of the annual report required in subsection (v), above, any new owner of the land or of the facility, as well as an organization utilizing the facility, shall reaffirm the validity of the financial security agreement and/or execute a new financial security agreement as may be required by the Borough Solicitor. If the Borough Zoning Officer shall find that an abandoned wireless communications facility has not been removed within sixty days of the cessation of use, said officer shall give written notice to the owner of the building or premises on which such facility is located. Removal of the facility shall be effected within fifteen days after receipt of the notice. If such facility is not removed after the conclusion of such fifteen day period, the Zoning Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located. If the escrow or bond is insufficient to cover the entire cost of removal and disposal, the Borough may place a lien upon the premises which may be collected in accordance with the rules for collection of municipal liens.
(Ord. 919. Passed 7-14-97; Ord. 998. Passed 12-12-05; Ord. 1002. Passed 6-12-06.)