[Added 4-12-2016 by Ord.
No. 03-2016]
This article shall be known as the "Verona Borough Wireless
Communications Facilities Ordinance."
[1]
Editor's Note: Former § 250-102, Schedule of fees,
as amended, which immediately followed this section, was repealed
9-8-2015 by Ord. No. 04-2015.
A.
The purpose of this article is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Verona Borough. While the Borough recognizes the importance
of wireless communications facilities in providing high-quality communications
service to its residents and businesses, the Borough also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
B.
By enacting this article, the Borough intends to:
(1)
Regulate the placement, construction and modification of wireless
communications facilities to protect the safety and welfare of the
public;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communications
and accommodates the needs of both Borough residents and wireless
carriers in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Borough, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(5)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(6)
Protect Borough residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape;
(7)
Ensure that wireless communications facilities will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary; and
(8)
Update the Borough's wireless facilities regulations to
incorporate changes in federal and state laws and regulations.
As used in this article, the following terms shall have the
meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment including, without limitation, ham or citizen
band radio antennas.
Verona Borough, Allegheny County, Pennsylvania.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or utility or light pole.
Terms and pricing that are reasonably consistent with similar
wireless facility leases and agreements within a fifty-mile radius
of the Borough.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that:
Federal Communications Commission.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. Non-tower WCF shall
not include support structures for antennas and related equipment.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited-liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided that "person" does not
include or apply to the Borough or to any department or agency of
the Borough.
The surface of and space above and below any real property
in the Borough in which the Borough has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Borough, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Borough.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting a wireless signal.
A tower and its supporting antennas, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. DAS
hub facilities are considered to be tower-based WCFs.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned land or property.
The following regulations shall apply to all tower-based wireless
communications facilities:
A.
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.
B.
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according 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 (ANSFEINTIA-222-E Code, as amended).
C.
Height. Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Borough justifying the total height of the structure. In no case
shall a WCF exceed a maximum height of 200 feet.
D.
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.
E.
Maintenance.
(1)
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 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.
(2)
The Borough reserves the authority to require the repainting
of all tower-based facilities where the painting of such facilities
is not regularly maintained.
F.
Radio frequency emissions. No tower-based WCF may, 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.
G.
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on an historic register
or is located in an historic district.
H.
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.
I.
Lighting. Tower-based WCF shall not be artificially lighted, except
as required by law. Towers shall be galvanized and/or painted with
a rust-preventive paint of an appropriate color to harmonize with
the surroundings. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
J.
Noise. Tower-based WCFs 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.
K.
Aviation safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
L.
Inspection. No later than December of each odd-numbered year, the
owner of the tower-based WCF shall have said WCF structure inspected
by an expert who is regularly involved in the maintenance, inspection
and/or erection of tower-based WCFs and has demonstrated his/her expertise
to the satisfaction of the Borough. At a minimum, this inspection
shall be conducted in accordance with the tower Inspection Class checklist
provided in the Electronics Industries Association (EIA) Standard
222, Structural Standards for Steel Antenna Towers and Antenna Support
Structures. A copy of said inspection report and certification of
continued use shall be provided to the Borough by March 1 following
the inspection. Any repairs advised by report shall be effected by
the owner within 60 calendar days after the report is filed with the
Borough.
M.
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 tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this article. The 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.
N.
Timing of approval. 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, including an application
fee in the amount of $500. If the Borough receives an application
for a tower-based WCF and such application is not fully completed,
then the Borough shall promptly notify the applicant that the application
is not complete and the time for the approval of such application
shall not commence until a fully completed application is received
by the Borough.
O.
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must otherwise comply with
the terms and conditions of this article.
P.
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 WCFs or portions of WCFs shall be
removed as follows:
(1)
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.
(2)
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.
(3)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Borough must approve all replacements of portions of a tower-based
WCF previously removed.
The following regulations shall apply to tower-based wireless
communications facilities located outside the rights-of-way:
A.
Development regulations.
(1)
Prohibited in residential zones. No WCF shall be located within
200 feet of any part of a residential or occupied structure except
with the written consent of all owners of such structure.
(2)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage 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 nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision
on an application for approval of tower-based WCFs.
(3)
Good faith effort. Any applicant proposing construction of a
new tower-based WCF shall demonstrate in writing that a good faith
effort has been made to obtain permission to place such a tower-based
WCF on lands or rights-of-way owned or under control of the federal,
state, or local government which would meet their needs.
(4)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(5)
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 industrial, commercial, institutional or municipal use,
subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the communications
facility.
(b)
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, the equipment building, security
fence, and buffer planting.
(c)
Minimum setbacks. The tower-based WCF shall be set back from
all property lines or lease lines the greater of a distance equal
to 50% of the height of the structure or to the yard setback applicable
to the zoning district in which the structure is to be located.
B.
Procedures.
(1)
Any applicant proposing construction of a new tower-based WCF
outside the public rights-of-way shall submit plans to the Borough
for review by the Borough staff and Planning Commissions and for approval
by the Board of Commissioners in accordance with the requirements
of Land Development Ordinance Section 403.[1]
[1]
Editor's Note: See Allegheny County Code § 780-403.
(2)
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
C.
Notice. Upon receipt of an application for a tower-based WCF, the
Borough shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 1,000 feet of
the site of the proposed facility and of every property zoned residential
not on the same street within 200 feet of the proposed facility.
D.
Co-location.
(1)
An application for a new tower-based WCF shall not be approved
unless the Borough finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building. Any applicant proposing
construction of a new tower-based WCF outside the rights-of-way shall
demonstrate to the satisfaction of the Board of Commissioners, by
written submission, that a good faith effort has been made to obtain
permission to mount the tower-based WCF antenna on an existing building
or structure. A good faith effort shall require that all owners of
potentially suitable structures within a one-quarter-mile radius of
the proposed tower-based WCF site be contacted and that the applicant
certifies in writing to the Board of Commissioners that one or more
of the following reasons for not selecting such structure apply:
(a)
The proposed WCF and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at reasonable cost;
(b)
The proposed WCF and related equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at reasonable cost;
(c)
Such existing structure does not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function; and/or
(d)
A commercially reasonable agreement cannot be reached with the
owner(s) of such structure.
E.
Design regulations.
(1)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough. The Borough reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Borough.
(2)
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.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
F.
Surrounding environs.
(1)
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.
(2)
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA 222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
G.
Fence/screen.
(1)
A security fence having a maximum height of six feet, and a
minimum height of three feet, shall completely surround any tower-based
WCF, guy wires, or any building housing WCF equipment.
(2)
An evergreen screen that consists of a hedge, planted three
feet on center maximum, or a row of evergreen trees planted 10 feet
on center maximum shall be located along the perimeter of the security
fence.
H.
Accessory equipment.
(1)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
(2)
All 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.
I.
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCFs where technically and commercially reasonable. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
J.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. 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. The easement shall
be a minimum of 20 feet in width and the access shall be paved to
a width of at least 10 feet throughout its entire length.
K.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the ROW shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Borough Solicitor, in
an amount of $75,000 to assure the faithful performance of the terms
and conditions of this article. The bond shall provide that the Borough
may recover from the principal and surety any and all compensatory
damages incurred by the Borough for violations of this article, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Borough and maintain the bond for the life of the respective
facility.
L.
Visual or land use impact. The Borough reserves the right to deny
an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
M.
Inspection by Borough. The Borough reserves the right to inspect
any tower-based WCF to ensure compliance with the provisions of this
article 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.
The following regulations shall apply to tower-based wireless
communications facilities located in the rights-of-way:
A.
Prohibited in residential zones. No tower-based WCF shall be located
within a residential zone or within 200 feet of a lot in residential
use or a residential district boundary.
B.
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage 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 nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision
on an application for approval of tower-based WCFs in the ROW.
C.
Notice. Upon receipt of an application for a tower-based WCF, the
Borough shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 feet of the
site of the proposed facility and of every property zoned residential
not on the same street within 200 feet of the proposed facility.
D.
Co-location. An application for a new tower-based WCF in the ROW
shall not be approved unless the Borough finds that the proposed wireless
communications equipment cannot be accommodated on an existing structure,
such as a utility pole or traffic light pole. Any application for
approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Borough that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
E.
Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based WCFs 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.
F.
Equipment location. Tower-based WCFs and accessory 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:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, or, in an area
in which there are no curbs, within three feet of the edge of the
cartway.
(2)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Borough.
G.
Design regulations.
(1)
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.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough. The Borough reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Borough.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
H.
Visual or land use impact. The Borough reserves the right to deny
the construction or placement of any tower-based WCF in the ROW based
upon visual and/or land use impact.
I.
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, the WCF applicant shall provide the Borough with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based WCFs where technically and commercially
reasonable. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Borough.
J.
Relocation or removal of facilities. Within 60 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:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in
the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Borough.
K.
Compensation for ROW use. Every tower-based WCF in the ROW is subject
to the Borough's right to fix annually a fair and reasonable
compensation 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. The annual ROW management
fee for tower-based WCFs shall be determined by the Borough and authorized
by resolution of Borough Board and shall be based on the Borough's
actual ROW management costs as applied to such tower-based WCF.
L.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in the ROW shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Borough Solicitor, in an amount
of $50,000 to assure the faithful performance of the terms and conditions
of this article. The bond shall provide that the Borough may recover
from the principal and surety any and all compensatory damages incurred
by the Borough for violations of this article, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Borough and maintain the bond for the life of the respective facility.
The following regulations shall apply to all non-tower wireless
communications facilities:
A.
Permitted in all zones subject to regulations. Non-tower WCFs are
permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Borough.
B.
Standard of care. Any non-tower WCFs 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.
C.
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according 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 (ANSFEINTIA-222-E Code, as amended).
D.
Public safety communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
E.
Historic buildings. Non-tower WCFs may not be located on a building
or structure that is listed on an historic register or is located
in an historic district.
F.
Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
G.
Maintenance. The following maintenance requirements shall apply:
(1)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
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.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
H.
Radio frequency emissions. No non-tower WCF may, 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.
I.
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 WCFs or portions of WCFs shall be removed as follows:
(1)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Borough.
(2)
If the WCF or accessory facility is not removed within three
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.
J.
Timing of approval. All applications for non-tower WCFs shall be
acted upon by the Borough within 90 days of the receipt of a fully
completed application for the approval of such WCF, including an application
fee in the amount of $250. If the Borough receives an application
for a non-tower WCF and such application is not fully completed, then
the Borough shall promptly notify the applicant that the application
is not complete and the time for the approval of such application
shall not commence until a fully completed application is received
by the Borough.
K.
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 this article. The 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.
L.
Bond. Prior to the issuance of a permit, the owner of a non-tower
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Borough Solicitor, in an amount of $25,000
to assure the faithful performance of the terms and conditions of
this article. The bond shall provide that the Borough may recover
from the principal and surety any and all compensatory damages incurred
by the Borough for violations of this article, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Borough and maintain the bond for the life of the respective facility.
The following regulations shall apply to non-tower wireless
communications facilities located outside the rights-of-way:
A.
Development regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs subject
to the following conditions:
(1)
Such WCF does not exceed the maximum height permitted in the
applicable zoning district.
(2)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(3)
A security fence with a maximum height of six feet, and a minimum
height of three 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.
B.
Procedures.
(1)
Any applicant proposing a non-tower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings indicating how the non-tower WCF will be mounted on the structure
for review by Verona Borough Community Development Office for compliance
with the Verona Borough Building Code.
(2)
The applicant shall prove that it is licensed by the FCC to
operate a non-tower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
C.
Design regulations.
(1)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting 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.
(2)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a variance.
(3)
All non-tower WCF applicants must submit documentation to the
Borough justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(4)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
D.
Removal; replacement; modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the numbers of antennas.
(2)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
E.
Visual or land use impact. The Borough reserves the right to deny
an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
F.
Inspection by Borough. The Borough reserves the right to inspect
any WCF to ensure compliance with the provisions of this article 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.
The following regulations shall apply to non-tower wireless
communications facilities located in the rights-of-way:
A.
Co-location. Non-tower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles.
B.
Design requirements.
(1)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility 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.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C.
Compensation for ROW use. Every non-tower WCF in the ROW is subject
to the Borough's right to fix annually a fair and reasonable
compensation 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 non-tower WCF shall pay an annual fee to the Borough
to compensate the Borough for its costs incurred in connection with
the activities described above. The annual ROW management fee for
non-tower WCFs shall be determined by the Borough and authorized by
resolution of Borough Board and shall be based on the Borough's
actual ROW management costs as applied to such non-tower WCF.
D.
Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower WCFs 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.
E.
Equipment location. Non-tower WCFs and accessory 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:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or, in an area
in which there are no curbs, within three feet of the edge of the
cartway;
(2)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
(3)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Borough.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Borough.
F.
Relocation or removal of facilities. Within 60 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:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in
the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Borough.
G.
Visual or land use impact. The Borough retains the right to deny
an application for the construction or placement of a non-tower WCF
based upon visual and/or land use impact.
A.
Penalties. Any person violating any provision of this article shall
be subject, upon finding by a magisterial district judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this article and any other remedy at law or in equity, the Borough
may apply to a federal district court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this article.
B.
Determination of violation. In the event a determination is made
that a person has violated any provision of this article, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the Borough
may, in its reasonable judgment, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the Borough may take any and all actions authorized by this article
and/or federal and/or Pennsylvania law and regulations.
Police powers. The Borough, by granting any permit or taking
any other action pursuant to this article, does not waive, reduce,
lessen or impair the lawful police powers vested in the Borough under
applicable federal, state and local laws and regulations.
The various parts, sections and clauses of this article are
hereby declared to be severable. If any clause, sentence or other
provisions of this article should be declared unconstitutional, illegal,
or invalid, such unconstitutionality, illegality, or invalidity shall
not affect the remaining provisions of this article, and the Borough
Council declares that it would have adopted this article had such
unconstitutional, illegal or invalid provisions not been contained
herein.
All ordinances or parts of ordinances, which are inconsistent
herewith, are hereby repealed.
This article shall take effect immediately upon its approval
in accordance with the Borough Code.
