[Ord. 300, 12/4/1984, § 4.1]
No more than one principal use shall be permitted on a lot,
unless specifically permitted by this Chapter.
[Ord. 300, 12/4/1984, § 4.2]
1.
Street Frontage Required. Every principal building shall be built
upon a lot with frontage upon a public or private street improved
to meet Borough standards.
[Ord. 300, 12/4/1984, § 4.3]
No building shall exceed the maximum building height standard
specified in the relevant district regulations of this Chapter, except
that such standard shall not apply to farm structures, silos, water
towers, church spires, belfries, solar energy collectors (and equipment
used for the mounting or operation of such collectors), windmills,
chimneys or other appurtenances usually required to be placed above
the roof level and not intended for human occupancy. Although exempted
from structural height limitations, these structures shall not diminish
the solar access of other properties.
[Ord. 300, 12/4/1984, § 4.4; as amended by Ord. 434,
1/12/2005]
1.
In General.
A.
The lot or yard requirements for any new building or use shall not
include any part of a lot that is required by any other building or
use to comply with the requirements of this Chapter.
B.
No required lot area or yard shall include any property (the ownership
of which has been transferred subsequent to the effective date of
this Chapter), if such property was a part of the area required for
compliance with the dimensional requirements applicable to the lot
from which such transfer was made.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
B.
Irregularly Shaped Lots. In the case of irregularly shaped lots,
the minimum lot width specified in the district shall be measured
at the rear lot line of the minimum required front yard, provided
that in no case shall the lot frontage measured at the street right-of-way
line be less than 70% of the minimum lot width except in the following
situations: on culs-de-sac or courts or street center line curves
of less than 300 feet radius where the lot frontage measured at the
street right-of-way line shall not be less than 40% of the minimum
lot width.
C.
Through Lots. Front yards shall be provided along all portions of
a through lot abutting any street, except where a provision of a different
yard will comply with the prevailing front yard pattern on adjoining
lots.
D.
Corner Lots. Front yards shall be provided along all portions of
a corner lot abutting any street, except where the provision of a
different yard will comply with the prevailing yard pattern on adjoining
lots (but shall not be less than 10 feet).
E.
Front Yards. The front yard of a lot between two lots (each having
a principal building within 20 feet of the lot) may be reduced to
a depth equal to that of the greater of the two adjoining lots, except
that the front yard shall not be less than 10 feet.
F.
Projections Into Yards. The following projections into required yard
areas shall be permitted provided that no projection (except for patios)
in an R-1A, R-1, R-2 or R-3 Residential District shall be less than
five feet from any side or rear lot line or 15 feet from any front
lot line:
(1)
Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered
stairs and landings, and balconies and cornices, canopies, marquees,
eaves or other architectural features not required for structural
support may project into the required side, front or rear yard not
more than three feet.
(2)
Patios may be located in the required side and rear yards not
closer than three feet to any adjacent property line, and may project
into front yards not closer than 10 feet to the street right-of-way
line.
3.
Visibility at Intersections. On a corner lot, within the triangular
area determined as provided in this Section, no wall or fence or other
structure shall be erected to a height in excess of two feet and no
vehicle, object or any other obstruction of a height in excess of
two feet shall be parked or placed and no hedge, shrub or other growth,
shall be maintained at a height in excess of two feet, except that
trees whose branches are trimmed away to a height of at least 10 feet
above the curb level shall be permitted. Such triangular area shall
be determined by the intersecting street center lines and a diagonal
connecting two points, one at each street center line, each of which
points is 75 feet from the intersection of such street center line.
Such triangular area at four-way-stop intersections shall be determined
by the intersecting street center lines and a diagonal connecting
two points, one at each center line, each of which points is 40 feet
from the intersection of such street center line.
[Amended by Ord. 2015-516, 5/13/2015]
4.
Buffer Yards. Any nonresidential use which borders any R-1, R-2 or
R-3 Residential District shall provide buffer yards which comply with
the following standards:
A.
Size, Location.
(1)
A twenty-foot buffer yard shall be required, unless otherwise
indicated in this Chapter.
(2)
The buffer yard shall be measured from the district boundary
line or from the street right-of-way line (where a street serves as
the district boundary line). Buffer yards shall not be within an existing
or future street right-of-way and shall be in addition to that right-of-way.
(3)
The buffer yard may be coterminous with a required front, side
or rear yard; provided, the larger yard requirement shall apply in
case of conflict.
B.
Characteristics.
(1)
The buffer yard shall be a landscaped area free of structures,
manufacturing or processing activity, materials or vehicular parking.
No driveways or streets shall be permitted in the buffer yards except
at points of ingress or egress.
(2)
In all buffer yards, all areas not within the planting screen
shall be planted with grass seed, sod or ground cover, and shall be
maintained and kept clean of all debris, rubbish, grass more than
12 inches in height or weeds.
C.
Planting Screen.
(1)
Each buffer yard shall include a planting screen of trees, shrubs
and/or other plant materials extending the full length of the lot
line to serve as a barrier to visibility, airborne particles, glare
and noise.
(2)
Each planting screen shall be in accordance with the following
requirements:
(a)
Plant materials used in the planting screen shall be of such
species and size as will produce, within two years, a complete year-round
visual screen of at least eight feet in height.
(b)
The planting screen shall be permanently maintained by the landowner
and any plant material which does not live shall be replaced within
one year.
(c)
The planting screen shall be so placed that at maturity it will
be at least three feet from any street or property line.
(3)
In circumstances where it is impractical for a planting screen
to meet all the requirements of this Section or would create an undue
hardship, the Zoning Hearing Board may modify the requirements or
approve acceptable alternatives which shall satisfy the spirit, objectives
and intent of the screen requirements.
[Ord. 300, 12/4/1984, § 4.5]
1.
Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in subsection (3) for the particular class of road.
3.
Minimum Widths. Minimum future rights-of-way are as follows:
Street Classification
|
Minimum Future Right-of-Way
| |
---|---|---|
Arterial Highway
|
80 feet
| |
Collector Street
|
60 feet
| |
Local Street
|
50 feet
|
[Ord. 300, 12/4/1984, § 4.6; as amended by Ord. 426,
6/9/2004, § I]
1.
Registration of Nonconforming Uses and Structures. Upon adoption
of this Chapter, the Zoning Officer shall identify and register nonconforming
uses and structures.
2.
Continuation. Any nonconforming use, structure or lot may be continued,
maintained, improved and repaired; provided, it conforms to the remainder
of this Section.
3.
Alteration or Extension.
A.
Nonconforming Structure.
(1)
Any expansion (including extensions) of a nonconforming structure
or other nonconforming improvement shall conform to the area, height,
setback, width and yard coverage and all other applicable regulations
of the district in which the nonconforming structure or other improvement
is located.
(2)
Any new stories or other vertical expansion erected on a nonconforming
structure shall be constructed to fulfill all building setback requirements
including, but not limited to, front yard, rear yard, side yard, area
requirements, height limitations and special requirements and all
other applicable regulations of the zoning district in which the structure
is located, which regulations shall be applied (except as to height
restrictions) on the level upon which such new stories are being erected.
Otherwise, a variance for each regulations with which the vertical
expansion does not comply must be approved by the Zoning Hearing Board.
(3)
In the case of a nonconforming structure which is used by a
nonconforming use, such alteration, extension or enlargement shall
also meet the requirements of Subsection (3)(C).
B.
Nonconforming Lot.
[Amended by Ord. 471, 10/14/2009]
(1)
Contiguous vacant nonconforming lots under common ownership
shall be considered one lot.
C.
Nonconforming Use. A nonconforming use shall not be altered, reconstructed,
extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration, reconstruction, extension or enlargement shall
be permitted only by special exception from the Zoning Hearing Board.
(2)
Such alteration, reconstruction, extension or enlargement shall
be only upon the same lot as in existence on the date the use became
nonconforming.
(3)
Such alteration, reconstruction, extension or enlargement shall
not create a volume or floor area of the nonconforming use which is
greater than 100% more than the volume or floor area of the nonconforming
use as it existed on the date the use became nonconforming; provided,
all other requirements of this Chapter are met.
(4)
Such alteration, reconstruction, extension or enlargement shall
comply with all other provisions of this Chapter.
4.
Restoration. A nonconforming building or any building containing
a nonconforming use destroyed by 75% or less by fire, explosion, flood
or other phenomenon, or legally condemned may be reconstructed and
used for the same nonconforming use; provided, that reconstruction
of the building shall be commenced within one-year from the date the
building was destroyed or condemned and shall be completed within
one year of the date commenced.
5.
Ownership. Whenever a nonconforming use, structure or lot is sold
to a new owner, a previously lawful nonconforming use may be continued
by the new owner, provided that the new owner shall re-register the
nonconforming use with the Zoning Officer within 60 days after final
settlement.
6.
Abandonment.
A.
If a nonconforming use of a building or land is discontinued, razes,
removed or abandoned for 365 consecutive days, subsequent use of such
building or land shall conform with the regulations of the district
in which it is located.
B.
Abandonment shall commence on the date when customary efforts to
continue the use (operation, lease, sale, etc.) cease.
7.
Changes.
A.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only
if permitted as a special exception by the Zoning Hearing Board after
the following conditions are met:
8.
District Changes. Whenever the boundaries of a district are changed
so as to transfer an area from one district to another district, the
foregoing provisions shall also apply to any nonconforming uses or
structures existing in the district to which the area was transferred.
[Ord. 300, 12/4/1984, § 4.7]
A temporary permit may be issued by the Zoning Officer for structures
or uses necessary during construction or other special circumstances
of a nonrecurring nature subject to the following additional provisions:
[Ord. 300, 12/4/1984; as added by Ord. 392, 8/12/1998; and
amended by Ord. 436, 2/9/2005, § I; and by Ord. 2017-531, 3/8/2017]
1.
Purpose.
A.
The purpose of this Section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of WCFs and WCF
Structures in the 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.
This Section is intended to:
(1)
Promote the health, safety, and welfare of Borough residents
and businesses with respect to WCFs and WCF Structures;
(2)
Provide for the managed development of WCFs and WCF Structures
in a manner that enhances the benefits of wireless communication and
accommodates the needs of both Borough residents and wireless carriers
in a safe, effective and efficient manner and 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 WCFs in
the Borough;
(4)
Address new wireless technologies, including but not limited
to, distributed antenna systems, data collection units, 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 applicable law, the visual character of established communities
and the natural beauty of the landscape; and
(7)
Update the Borough's wireless communications facility regulations
to incorporate changes in federal and state laws and regulations.
2.
ANTENNA
APPLICANT
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS ("DAS") or DAS FACILITIES
EMERGENCY
FAA
FCC
HEIGHT OF A TOWER-BASED WCF
MODIFICATION
MONOPOLE
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
PERSON
PUBLIC UTILITY
RELATED EQUIPMENT
RIGHT-OF-WAY (ROW)
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
WBCA
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS COMMUNICATIONS FACILITY STRUCTURE (WCF STRUCTURE)
WIRELESS COMMUNICATIONS SERVICE
WIRELESS SUPPORT
WIRELESS TOWER
Definitions. The following words and phrases when used in this Section
shall have the meaning here given to them unless the context clearly
indicates otherwise.
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. The antenna does not include the Wireless
Support, as defined in this Section.
When pertaining to a Wireless Communications Facility, an
applicant is any person that applies for a WCF Structure or Wireless
Communication Facility building permit, zoning approval, and/or conditional
use approval.
The installation of one or more Wireless Communications Facilities,
including Antennae, on a previously approved and constructed WCF Structure.
The term includes the placement, replacement or modification of previously
approved accessory equipment.
A network of one or more antennas and fiber optic nodes typically
mounted to streetlight poles, or utility structures, which provide
access and signal transfer services to one or more third-party wireless
service providers. DAS Facilities shall also include the equipment
location, sometimes called a "hub" or "hotel" where the DAS network
is interconnected with third-party wireless service providers to provide
the signal transfer services. The term shall be construed to include
supporting cables, wires, braces, masts or other appurtenances.
[Amended by Ord. No. 2019-549, 2/13/2019]
A condition that (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or (2) has caused
or is likely to cause facilities in the Right-of-Way to be unusable
and result in loss of the services provided.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the finished grade of
the ground (immediately adjacent to the Tower-Based WCF), including
any base pad, to the highest point on the Tower-Based WCF, including
antennae mounted on the tower and any other appurtenances.
When pertaining to a Wireless Communications Facility, the
improvement, upgrade, expansion or replacement of existing Wireless
Communications Facilities or accessory equipment on an existing WCF
Structure if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the WCF Structure.
A WCF Structure that consists of a single pole, designed
and erected on the ground or on top of a structure, to support communications
Antennae and connecting appurtenances.
Any Wireless Communications Facility not included within
the definition of Tower-Based WCF. This term includes wireless supports
and any wireless communications facilities connected thereto.
Any individual, condominium, partnership, association, corporation
or other legal entity cognizable at law, whether public or private,
except the Borough or any department or agency of the Borough.
Any person, corporation or other entity that is regulated
as a public utility by, and subject to the exclusive jurisdiction
of, the Public Utility Commission of the Commonwealth of Pennsylvania.
[Added by Ord. No. 2019-549, 2/13/2019]
Any piece of equipment related to, incident to or necessary
for the operation of a WCF Structure. By way of illustration, not
limitation, "Related Equipment" includes generators and base stations.
When pertaining to a Wireless Communications Facility, 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 and also excluding pedestrian
trails, footpaths and equestrian trails under the control of the Borough.
The phrase "in the Right-of-Way" means in, on, over, along, above
and/or under the Right-of-Way. Right-of-way (ROW) shall include streets
and roads owned by the Commonwealth of Pennsylvania, and any other
Pennsylvania state agencies.
Camouflaging methods applied to wireless communications towers,
Antennae 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 Antennae, building-mounted Antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, silos and light poles.
Means: (1) the replacement of a WCF Structure; or (2) for
a Tower-Based WCF not in the ROW, (i) any increase in the height of
the Tower-Based WCF by more than 10% or by the height of one additional
antenna array with separation from the nearest existing antenna by
more than 20 feet, or (ii) adding an appurtenance to the body of the
Wireless Tower that would protrude from the edge of the Wireless Tower
by more than 20 feet or by more than the width of the Wireless Tower
at the level of the appurtenance; or (3) for all Non-Tower WCFs in
the ROW, (i) any increase in the height of the WCF Structure by more
than 10% or by more than 10 feet, or (ii) adding an appurtenance to
the body of the WCF Structure that would protrude from the edge of
the structure by more than six feet; or (4) any change that entails
excavation outside of the current approved site; or (5) any change
that would violate any conditions of approval previously issued by
the Borough or the Stealth Technology of the existing WCF Structure;
or (6) as otherwise defined under applicable FCC rules and regulations.
Any Wireless Tower and any Wireless Communications Facilities
connected thereto.
The Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1
et seq.), as amended.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The set of equipment and network components, including Antennae,
nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics
and other equipment, used for the purpose of transmitting, receiving,
distributing, or providing wireless communications services. The term
does not include the Wireless Communications Facility Structure.
Any structure, regardless of its primary purpose, that supports
the placement or installation of a Wireless Communications Facility
and the Wireless Communications Facilities attached thereto. This
term is comprised of both Tower-Based WCFs and Non-Tower WCFs.
Any personal wireless service as defined by the Telecommunications
Act of 1996, which includes FCC licensed commercial wireless telecommunications
services, including cellular, personal communications service (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or that may
be developed.
Any support structure that supports Wireless Communications
Facilities, regardless of its primary purpose, including but not limited
to Wireless Towers, buildings, water towers, utility poles, flag poles
and light poles. This term does not include the Wireless Communications
Facility attached thereto.
Any Wireless Support that has a primary purpose of supporting
Wireless Communications Facilities, including but not limited to,
self-supporting lattice towers, guy towers and monopoles. This term
does not include the Wireless Communications Facility attached thereto.
3.
Applicability.
A.
New Wireless Communications Facility Structures. All new WCF Structures
and WCFs in the Borough, not in existence on the effective date of
this Section, shall be subject to these regulations, except as provided
in this Subsection.
[Amended by Ord. No. 2019-549, 2/13/2019]
B.
Pre-Existing Approved WCF Structures and WCFs. Except with regard
to additions or substantial modifications, WCF Structures and WCFs
in existence prior to the effective date of this Section, if previously
approved by the Borough, shall not be required to meet the requirements
of this Section other than the requirements of Subsection 4B and Subsections
5A, C, N, O, P and V below. Existing WCF Structures and WCFs not previously
approved by the Borough shall be fully subject to all of the requirements
of this Section.
C.
Amateur Radio Station Operators or Receive Only Antennas. This Section
shall not govern any support structure, or the installation of any
antenna array, that is owned and operated by a federally licensed
amateur radio station operator or is used exclusively for receive-only
antennas.
D.
This Section shall not govern any permit application submitted by
a public utility for the installation of DAS Facilities to furnish
public utility services as evidenced by a certificate of public convenience
duly issued by the Public Utilities Commission of the Commonwealth
of Pennsylvania.
[Added by Ord. No. 2019-549, 2/13/2019]
4.
Wireless Communications Facilities - Permitted Locations.
A.
Within the WCF Overlay Districts.
(1)
Creation of Overlay Districts. The Wireless Communications Facilities
Overlay Districts shall consist of two distinct zones: (i) a Tower-Based
WCF Structure Zone Overlay District where only new and replacement
Tower-Based WCF Structures and their associated WCFs may be utilized;
and (ii) a Wireless Communications Facility Attachment Zone Overlay
District, where only existing attachment structures and replacement
attachment structures may be utilized for new, existing and replacement
Wireless Communications Facilities. Both zones shall apply as mapped
overlays on the Official Borough Zoning Map.
(2)
Conditional Use Approval Required in Tower-Based WCF Structure
Zone Overlay District. The construction or installation of a new Tower-Based
WCF Structure within the Tower-Based WCF Structure Zone Overlay District
shall be permitted only by conditional use. Conditional uses shall
be permitted only when authorized by the Borough Council after public
notice and a hearing, in compliance with the standards and criteria
set forth in this Section, as well as the general standards for conditional
uses set forth in this Chapter. When granting a conditional use, the
Borough Council may attach such reasonable conditions and safeguards,
in addition to those expressed in this Section, as it may deem necessary
to implement the purposes of this Section. Such conditions and safeguards
may include, but need not be limited to, conditions on height, stealth
design, fencing, location and other measures that implement the purposes
of this Section. Following conditional use approval, the Applicant
shall obtain zoning and building permits from the Borough certifying
compliance with this Section and all other applicable ordinances of
the Borough. New construction shall be prohibited without conditional
use approval and all applicable permits.
(3)
Permit Required in the Wireless Communications Facility Attachment
Zone Overlay District.
(a)
Any Applicant proposing an attachment in the Wireless Communications
Facility Attachment Zone Overlay District of new Wireless Communications
Facilities on an existing attachment structure previously approved
by the Borough shall first obtain zoning and building permits from
the Borough certifying compliance with the applicable ordinances of
the Borough, subject to the WBCA. Modifications and co-location shall
be prohibited without the issuance of all applicable permits.
(b)
The Borough shall approve or deny the application for modification
or co-location within 60 days of the date on which the application
is submitted. The sixty-day review period may be tolled by mutual
agreement or if the Borough determines the application is incomplete.
If the application is incomplete, the Borough shall, within 30 days
of receipt of the application, notify the Applicant in writing of
all missing information. The review period shall begin running again
when the Borough receives the requested information. In the event
the Borough fails to approve or deny the application within the foregoing
sixty-day period (subject, however, to any tolling period(s) as herein
described and any other tolling periods permitted under FCC rules
and regulations), the application shall be deemed approved upon written
notification from the Applicant that the review period has expired.
B.
WCF Structures and WCFs in the Right-of-Way.
(1)
Conditional Use Approval Required. The construction or installation
of a new WCF Structure within the Right-of-Way shall be permitted
only by conditional use. Conditional uses shall be permitted only
when authorized by the Borough Council after public notice and a hearing,
in compliance with the standards and criteria set forth in this Section,
as well as the general standards for conditional uses set forth in
this Chapter. When granting a conditional use, the Borough Council
may attach such reasonable conditions and safeguards, in addition
to those expressed in this Section, as it may deem necessary to implement
the purposes of this Section. Such conditions and safeguards may include,
but need not be limited to, conditions on height, stealth design,
fencing, location and other measures that implement the purposes of
this Section. Following conditional use approval, the Applicant shall
obtain zoning and building permits from the Borough certifying compliance
with this Section and all other applicable ordinances of the Borough.
New construction shall be prohibited without conditional use approval
and all applicable permits.
(2)
Permit Required for the Modification or Co-location of WCFs
on an Existing WCF Structure in the Right-of-Way. Any Applicant proposing
the modification or co-location of Wireless Communications Facilities
on an existing WCF Structure located in the Right-of-Way and previously
approved by the Borough shall first obtain zoning and building permits
from the Borough certifying compliance with the applicable ordinances
of the Borough, subject to the WBCA. Modifications and co-location
shall be prohibited without the issuance of all applicable permits.
5.
General Requirements for All WCF Structures and Wireless Communications
Facilities. The following regulations shall apply to all WCF Structures,
Related Equipment and Wireless Communications Facilities:
A.
Standard of Care.
(1)
All WCF Structures and WCFs shall meet or exceed current standards
or regulations of the FAA, the FCC and standards and regulations of
any other agencies and/or laws of the Commonwealth of Pennsylvania
or Federal government having authority to regulate WCF Structures
and WCFs. All WCF Structures and WCFs shall be designed, constructed,
installed, erected, 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, as applicable. All WCF
Structures and WCFs 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)
If applicable governmental standards or regulations are changed,
then the owner shall bring the WCF Structure and WCFs into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling State or Federal
agency. Failure to bring a WCF Structure or WCF into compliance with
such revised standards and regulations shall constitute a violation
of this Section and shall constitute grounds for the removal of the
WCF Structure and/or WCF at the owner's expense.
(3)
If, upon inspection, the Borough concludes that a WCF Structure or WCF fails to comply with any applicable code(s) or standard(s) and constitutes a danger to persons or property, then, except as provided in Subsection 4A(2) above, the owner shall have 30 days following written notice to bring such WCF Structure and/or WCF into compliance. Failure to bring such WCF Structure and/or WCF into compliance within said thirty-day period shall constitute grounds for the Borough to require the removal of the WCF Structure and associated Wireless Communications Facilities at the owner's expense.
B.
Maintenance. The following maintenance requirements shall apply:
(1)
All WCF Structures and WCFs 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 and businesses.
(3)
All modifications and utilized materials shall be nothing less
than the best available technology for preventing failures and accidents.
(4)
All maintenance shall be ordered and repaired by qualified maintenance
and construction personnel.
(5)
Any graffiti on a WCF Structure, any Related Equipment or any
Wireless Communications Facilities shall be removed at the sole expense
of the owner within 10 business days of written notice of the existence
of the graffiti.
C.
Application Required. Each Applicant proposing the construction of
any new WCF Structure or the modification or co-location of any existing
Wireless Communications Facilities shall complete and submit an application
to the Borough prior to beginning construction. Such application shall
include, in addition to other information, the following:
(1)
All fees required by the Borough's fee schedule.
(2)
A description and plan showing the proposed construction and/or
changes to the WCF Structure in detail.
(3)
A landscaping plan that satisfies the requirements of this Section
including, but not limited to, preserving existing vegetation to the
greatest extent possible and screening the base of the WCF Structure
and Related Equipment.
(4)
A copy of all Zoning Hearing Board and Conditional Use Decisions
pertaining to the property upon which the WCF Structure is or will
be located.
D.
Engineer Signature. All plans and drawings for the installation,
modification or co-location of a new or existing WCF Structure, Related
Equipment or Wireless Communications Facilities shall contain the
seal and signature of a professional structural engineer licensed
in the Commonwealth of Pennsylvania.
E.
Retention of Experts. The Borough may hire any consultant(s) and/or
expert(s) it deems necessary to assist the Borough in reviewing and
evaluating the application for approval of the construction of a new
WCF Structure or the modification of an existing WCF Structure and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Section. The Applicant and/or
owner of the new or modified WCF Structure shall reimburse the Borough
for all costs of the Borough's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
F.
Public Safety Communications. No WCF Structure or Wireless Communications
Facilities shall interfere with public safety communications or the
reception of broadband, television, radio or other communication services
enjoyed by occupants of nearby properties.
G.
Radio Frequency Emissions. No WCF Structure may, by itself or in
conjunction with other Wireless Communications Facilities or WCF Structures,
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.
H.
Aviation Safety. All WCF Structures shall comply with all federal
and state laws and regulations concerning aviation safety.
I.
Related Equipment. Ground-mounted Related Equipment, such as cabinets,
shall be located within a structure or fenced enclosure. Shelters
for Related Equipment shall be constructed at ground level, not to
exceed 144 square feet of gross floor area and eight feet in height.
Each co-locating carrier on an existing WCF Structure may construct
a shelter, provided the structure or enclosure complies with all setback
and other dimensional requirements of the underlying zoning district.
J.
Historic Buildings or Districts. No new WCF Structure or Wireless
Communications Facilities may be located on a building or structure
that is:
(1)
Listed on either the National or Pennsylvania Registers of Historic
Places, or eligible to be so listed.
(2)
Listed on a Pennsylvania or Montgomery County inventory of historic
places.
(3)
Located within the boundaries of any registered historic district
in the Borough or eligible to be registered as such.
K.
Wind. All 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 (ANSI/EIA-222-E Code, as amended).
L.
Lighting. No WCF Structure shall be artificially lighted, except
as required by the FAA or other applicable governmental authority.
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.
M.
Noise. All WCF Structures and Wireless Communications Facilities
shall be operated and maintained so as not to produce noise in excess
of applicable noise standards under State law and the Codified Ordinances
of Red Hill Borough, except in emergency situations requiring the
use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
N.
Indemnification. Each Person that owns or operates a WCF Structure,
Related Equipment, and/or Wireless Communications Facilities 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 a WCF Structure, Related Equipment or any associated Wireless Communications
Facilities. Each Person that owns or operates a WCF Structure, Related
Equipment or any associated Wireless Communications Facilities 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 a WCF Structure, Related Equipment or any associated
Wireless Communications Facilities. 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.
O.
Removal. In the event that the use of a WCF Structure 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. Notwithstanding the foregoing, the Borough
may deem a WCF Structure to be abandoned or unused after reasonable
investigation. Unused or abandoned WCF Structures or portions of WCF
Structures shall be removed as follows:
(1)
All unused or abandoned WCF Structures, associated WCFs, including
Antennae, and/or Related Equipment shall be removed by the owner within
60 days of the cessation of operations at the site unless a time extension
is approved by the Borough.
(2)
If the WCF Structure, Related Equipment and associated WCFs
are not removed within 60 days of the cessation of operations at the
site, or within any longer period approved by the Borough, the WCF
Structure, Related Equipment and associated WCFs may be removed by
the Borough and the cost of removal assessed against the financial
security and/or owner of the WCF Structure.
(3)
The Borough must approve all replacements of portions of a Tower-Based
WCF previously removed, subject to the WBCA.
P.
Financial Security. Prior to issuance of any permit for the construction
or placement of a WCF Structure, the Applicant shall provide to the
Borough financial security in an amount determined by the Borough
to be sufficient to guarantee the removal of the WCF Structure. Said
financial security shall remain in place until the WCF Structure is
removed. For each Tower-Based WCF, the owner shall obtain and maintain
a bond or other form of financial security acceptable to the Borough
Solicitor, in the amount of $100,000 to assure the faithful performance
of the terms and conditions of this Section. For a Non-Tower WCF,
the owner shall obtain and maintain a bond or other form of financial
security in an amount acceptable to the Borough Council to assure
the faithful performance of the terms and conditions of this Section.
The financial security shall be provided by the owner at its own cost
and expense, shall be obtained from a surety licensed to do business
in Pennsylvania and shall be maintained throughout the existence of
the WCF Structure. 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 Section, after reasonable notice
and opportunity to cure. If the removal of the WCF Structure is performed
by the Borough in accordance with other provisions of the Codified
Ordinances of Red Hill Borough, the Borough shall have the right to
recover any and all reimbursement of the expenses of removal from/against
the bond. The owner shall file a copy of the bond with the Borough
prior to the issuance of the building permit. The Borough's remedies
shall be cumulative, and in the event that the Borough exercises its
rights to recovery against the bond, the Borough shall retain its
right to recover any and all outstanding costs as permitted by the
Pennsylvania Municipalities Planning Code and applicable law, such
as an action in equity.
Q.
Lot Size. For purposes of determining whether the installation of
a WCF Structure and Related Equipment complies with zoning district
development regulations, including but not limited to, setback requirements,
lot coverage requirements and other such applicable dimensional criteria,
the dimensions of the entire lot shall control, even though the WCF
Structure and Related Equipment may be located on a leased parcel
within such lot.
R.
Franchises. Each owner or operator of a WCF Structure or WCFs shall
certify that all franchises (if any) required by law for the construction
and/or operation of a WCF Structure or WCFs in the Borough have been
obtained and shall file a copy of all required franchises with the
Borough Zoning Officer.
S.
Measurement. For purposes of measurement of WCF Structures, setbacks
and separation distances shall be calculated and applied to facilities
located in the Borough irrespective of municipal and county jurisdictional
boundaries.
T.
Stealth Technology. All WCF Structures, Related Equipment and WCFs
shall employ the most current Stealth Technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact. In addition, all utility buildings, cabinets and
shelters for Related Equipment shall be architecturally designed to
blend into the surrounding environment to the satisfaction of the
Borough. The Stealth Technology chosen by the Applicant and its application
shall be subject to the approval of the Borough.
U.
FCC License. Each Person that owns or operates a Tower-Based WCF
in the Borough shall submit a copy of its current FCC license, including
the name, address, and emergency telephone number for the operator
of the facility.
V.
Insurance. Each Person that owns or operates a Tower-Based WCF in
the Borough shall provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $2,000,000
per occurrence and property damage coverage covering the Tower-Based
WCF and Related Equipment in the minimum amount of $2,000,000 per
occurrence. Each Person that owns or operates a Non-Tower WCF in the
Borough shall provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage covering the Non-Tower
WCF and Related Equipment in the minimum amount of $1,000,000 per
occurrence. The certificate of insurance shall name Red Hill Borough,
its elected and appointed officials, agents, successors and assigns
as additional insureds under the aforesaid liability insurance policy.
The certificate of insurance shall state that the insurance policy
may not be amended, canceled or terminated without prior written notice
to Red Hill Borough. If the contractor is a utility company or utility
provider performing work within the public right-of-way and is self-insured,
the contractor shall produce a certificate in form and substance satisfactory
to the Borough Solicitor, which evidences that self-insurance is in
effect for the foregoing amount and names Red Hill Borough and the
Borough Engineer as certificate holders.
[Amended by Ord. No. 2019-561, 10/9/2019; and by Ord. No. 2021-576, 10/13/2021]
W.
Inspection. The Borough reserves the right to inspect any Tower-Based
WCF, Related Equipment or Wireless Communications Facilities to ensure
compliance with the provisions of this Section and any other provisions
in the Borough Codified Ordinances or State or Federal law. The Borough,
its agents, consultants, contractors, and employees, shall have the
authority to enter the real property upon which any Tower-Based WCF,
Related Equipment and/or Wireless Communications Facilities are located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
X.
Advertising Prohibited. Advertising of any kind on WCF Structures,
Related Equipment or Wireless Communications Facilities is strictly
prohibited.
Y.
Governmental Entity as Property Owner. If the owner of the property
on which the WCF Structures, Related Equipment or Wireless Communications
Facilities are installed is a governmental entity other than the Borough,
then the property owner may post the financial security required by § 27-408.5.P
with the property owner and may provide a certificate of insurance
as required by § 27-408.5.V that identifies the property
owner in lieu of the Borough as additional insured, provided the financial
security and the certificate of insurance are reviewed by and acceptable
to the Borough upon advice of the Borough Solicitor.
[Added by Ord. No. 2019-561, 10/9/2019]
6.
Requirements for Tower-Based Wireless Communications Facilities Located
Outside the Right-of-Way in the Tower-Based WCF Structure Zone Overlay
District. The requirements set forth below shall apply to all Tower-Based
Wireless Communications Facilities located outside the Right-of-Way
in the Tower-Based WCF Structure Zone Overlay District.
A.
Application Required. An application for the construction of a Tower-Based
WCF outside the Right-of-Way shall be treated as an application for
a conditional use and shall be evaluated by the Borough Council.
B.
Notice. Upon submission of a Conditional Use application for a Tower-Based
WCF outside the Right-of-Way, the Applicant shall provide a list of
addresses of all owners of every property within 500 feet of the proposed
facility.
C.
Gap in Coverage; Co-Location Not Available.
(1)
An Applicant for a Tower-Based WCF outside the Right-of-Way
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 Structure being proposed is the least intrusive
means by which to fill that gap in wireless coverage, subject to the
WBCA. The existence or non-existence of a gap in wireless coverage
shall be a factor in the Borough's decision on an application for
approval of a Tower-Based WCF.
(2)
An application for a new Tower-Based WCF outside the Right-of-Way
shall not be approved unless the Borough finds that the Wireless Communications
Facilities and accessory equipment planned for the proposed Tower-Based
WCF cannot be accommodated on an existing or approved WCF Structure
or building. Any application for approval of a Tower-Based WCF outside
the Right-of-Way shall include a comprehensive inventory of all existing
WCF Structures, Wireless Towers and other suitable structures within
a five-mile radius from the point of the proposed tower, including
specific information about the location, height and design of each
structure, 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 Wireless Tower or other suitable structure
cannot be utilized. The Borough may share such information with other
applicants applying for approval or permits under this Section or
other organizations seeking to locate wireless communications facilities
within the Borough; provided, however, that the Borough is not, by
sharing such information, in any way representing or warranting that
such sites are available or suitable for such use.
D.
Land Development Approval. The construction or installation of new
Tower-Based WCFs outside the Right-of-Way shall require land development
approval or a waiver of same from the Borough Council. The application
for land development approval shall comply with the standards and
criteria set forth in this Section and in the Borough's Subdivision
and Land Development Ordinance.
E.
Development Regulations.
(1)
Site Requirements. In addition to the other conditions listed
in this Subsection, a Tower-Based WCF outside the Right-of-Way must
comply with all ordinances, regulations and requirements governing
the underlying zoning district in which the Tower-Based WCF is located.
(2)
Combined with Another Use. A Tower-Based WCF outside the Right-of-Way
may be permitted on an improved property with an existing use, or
on an unimproved property in combination with another use, or a property
with no principal use. The existing use on the property shall be any
permitted use in the underlying zoning district and need not be affiliated
with the Tower-Based WCF or the Wireless Communications Facilities.
(3)
Minimum Lot Area. A minimum lot area of 1.5 acres shall be required
for any Tower-Based WCF. Additionally, all proposals shall comply
with the dimensional requirements for the underlying zoning district
and shall be the area needed to accommodate the Tower-Based WCF, the
Related Equipment, and any required building, shelter, security fence
and/or buffer plantings.
(4)
Minimum Setbacks. The Tower-Based WCF, the Related Equipment
and any accompanying utility building, cabinet or shelter shall comply
with the minimum setback requirements of the underlying zoning district
or the setback shall be equivalent to the maximum height of the proposed
Wireless Tower, whichever setback is greater. All Tower-Based WCFs
and Related Equipment located on an improved lot shall be located
in the rear or side yard. In the case of an unimproved lot, the minimum
setback of the underlying zoning district to be applied shall be the
front yard setback.
(5)
Height Restrictions.
(a)
All Tower-Based WCFs outside the Right-of-Way shall be designed
at no more than the minimum functional height. All Applicants for
Tower-Based WCFs outside the Right-of-Way must submit documentation
to the Borough justifying the total height of the structure. The maximum
total height of any Tower-Based WCF outside the Right-of-Way shall
not exceed 120 feet above ground level, which height shall include
all subsequent additions or alterations. The height of the Antennae
or other Wireless Communications Facilities shall not exceed the height
of the WCF Structure by more than 10 feet. Unless housed within the
Tower-Based WCF, Related Equipment, including base stations and cabinets,
shall not exceed eight feet in height.
(b)
All height extensions to an existing Tower-Based WCF outside the Right-of-Way shall require prior approval of the Borough, subject to the WBCA. A height extension shall not increase the overall height of the Tower-Based WCF to more than the greater of 10% of the pre-extension height of the WCF Structure or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, and shall be subject to the height limitations in Subsection 6E(5)(a) above. A WCF Structure that has already been extended by 10% or more of its originally approved height or by the height of one additional antenna array shall not be further extended.
(c)
The Borough reserves the right to deny extension requests based
upon aesthetic and land use impact, or any other lawful considerations
related to the character of the Borough and the immediately surrounding
area.
(6)
Any underground vault related to Tower-Based WCFs shall be reviewed
and approved by the Borough.
(7)
The Applicant shall submit a soil report to the Borough Engineer
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.
F.
Appearance Criteria; Visual or Land Use Impact.
(1)
The design and appearance of all Tower-Based WCFs and Related
Equipment outside the Right-of-Way, including, without limitation,
the structures, materials, colors, textures, screening and landscaping
utilized, shall employ Stealth Technology satisfactory to and pre-approved
by the Borough so as to reduce visual obtrusiveness, blend the WCF
Structure and Related Equipment into the surrounding environment and
minimize the aesthetic impact.
(2)
An eight-foot-high security fence shall completely surround
any Tower-Based WCF outside the Right-of-Way, as well as guy wires
and any building or shelter housing Related Equipment.
(3)
A screen of evergreen trees or an evergreen hedge, with an ultimate
height of no less than eight feet and a planted height of at least
60 inches, shall be planted eight feet on center and staggered in
two rows along the perimeter of the security fence surrounding a Tower-Based
WCF outside the Right-of-Way. The Applicant shall ensure that the
existing vegetation, trees and shrubs located within proximity to
the Tower-Based WCF shall be preserved to the maximum extent possible.
Fence gates shall remain accessible.
(4)
The Borough reserves the right to deny an application for the
construction or placement of any Tower-Based WCF outside the Right-of-Way
based upon adverse visual and/or land use impact, subject to the WBCA.
G.
Additional Antennae. All proposed Tower-Based WCFs outside the Right-of-Way
shall be designed structurally, electrically, and in all other respects
to accommodate both the Applicant's Antennae and comparable Antennae
for future users. As a condition of approval for all Tower-Based WCFs
outside the Right-of-Way, the Applicant shall provide the Borough
with a written commitment that it will allow a minimum of three other
service providers to co-locate Antennae on its Tower-Based WCF where
technically and economically feasible. No Person shall cause any additional
Antennae to be installed without first obtaining the written approval
of the Borough, subject to the WBCA.
H.
Signs. All Tower-Based WCFs outside the Right-of-Way shall have a
sign posted on the exterior gate or door to the structure sheltering
the Related Equipment which is readily visible to any person outside
the equipment structure or compound identifying the name and phone
number of a party to contact in the event of an emergency. The face
of such sign shall be no larger than six square feet, and the top
of such sign shall not exceed the height of the gate or door.
I.
Access Road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to a Tower-Based
WCF outside the Right-of-Way. 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. The owner of
the Tower-Based WCF shall present documentation satisfactory to the
Borough Solicitor that the landowner has granted a lease or easement
on the owner's land for the proposed facility.
J.
Parking. There shall be two off-street parking spaces for the first
carrier and one additional parking space for each additional carrier
up to a maximum of four parking spaces per Wireless Tower.
K.
Related Equipment. Ground-mounted Related Equipment connected to
or associated with a Tower-Based WCF outside the Right-of-Way shall
be underground or screened from public view using Stealth Technology,
landscaping and other decorative features to the satisfaction of the
Borough, as described in this Section.
7.
Tower-Based Wireless Communications Facilities Located in the Right-of-Way.
The following regulations shall apply to Tower-Based Wireless Communications
Facilities located in the Right-of-Way:
A.
Application Required. An application for the construction of a Tower-Based
WCF in the Right-of-Way shall be treated as an application for a conditional
use and shall be evaluated by the Borough Council.
B.
Notice. Upon submission of a Conditional Use application for a Tower-Based
WCF in the Right-of-Way, the Applicant shall provide a list of addresses
of all owners of every property within 500 feet of the proposed facility
or facilities.
C.
Gap in Coverage; Co-Location Not Available.
(1)
An Applicant for a Tower-Based WCF in the Right-of-Way 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 Structure being proposed is the least intrusive means
by which to fill that gap in wireless coverage, subject to the WBCA.
The existence or non-existence of a gap in wireless coverage shall
be a factor in the Borough's decision on an application for approval
of a Tower-Based WCF.
(2)
An application for a new Tower-Based WCF in the Right-of-Way
shall not be approved unless the Borough finds that the proposed Wireless
Communications Facilities and accessory equipment cannot be accommodated
on an existing or approved WCF Structure, such as a utility pole or
traffic light pole, or an existing building. Any application for approval
of a Tower-Based WCF in the Right-of-Way shall include a comprehensive
inventory of all existing WCF Structures, Wireless Towers and other
suitable structures within a one-mile radius from the point of the
proposed tower, including specific information about the location,
height and design of each structure, 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 Wireless
Tower or other suitable structure cannot be utilized. The Borough
may share such information with other applicants applying for approval
or permits under this Section or other organizations seeking to locate
wireless communications facilities within the Borough; provided, however,
that the Borough is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable for such use.
D.
Land Development Approval. The construction or installation of new
Tower-Based WCFs in the Right-of-Way shall require land development
approval or a waiver of same from the Borough Council. The application
for land development approval shall comply with the standards and
criteria set forth in this Section and in the Subdivision and Land
Development Ordinance.
E.
Development Regulations:
(1)
Prohibited in Underground Utility Areas. Tower-Based WCFs shall
only be permitted along roadways, streets, and other rights-of-way
where utilities are above ground, regardless of the underlying zoning
district.
(2)
Height Restrictions.
(a)
Tower-Based WCFs in the ROW shall not exceed 45 feet in height.
(b)
All height extensions to an existing Tower-Based WCF in the Right-of-Way shall require prior approval of the Borough, subject to the WBCA. A height extension shall not increase the overall height of the Tower-Based WCF to more than the greater of 10% of the pre-extension height of the WCF Structure or 10 feet and shall be subject to the height limitations in Subsection 7E(2)(a) above. A WCF Structure that has already been extended by 10% or more of its originally approved height or by 10 feet shall not be further extended.
(c)
The Borough reserves the right to deny extension requests based
upon aesthetic and land use impact, or any other lawful considerations
related to the character of the Borough.
(3)
Co-Location. All proposed Tower-Based WCFs in the Right-of-Way
shall be designed structurally, electrically, and in all respects
to accommodate both the Applicant's Antennae and comparable Antennae
for future users.
F.
A Tower-Based WCF located in the Right-of-Way shall be located at,
or as close as practicable to, the point where a side property line
intersects with a street right-of-way line.
G.
Time, Place and Manner Restrictions. 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.
H.
Related Equipment. Related Equipment connected to or associated with
Tower-Based WCFs located in the Right-of-Way shall be installed underground
if located in the Right-of-Way 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.
Required electrical meter cabinets shall be screened to blend in with
the surrounding area to the satisfaction of the Borough. Any underground
vault related to Tower-Based WCFs and/or Related Equipment shall be
reviewed and approved by the Borough.
I.
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 Tower-Based WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF Structure 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.
J.
Reimbursement for ROW Use. In addition to permit fees as described
in this Section, every Tower-Based WCF located 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 and all costs incurred
by the Borough as a result of such activities. 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 annual ROW
management fee for Tower-Based WCFs shall be determined by the Borough
and authorized by resolution of the Borough Council and shall be based
on the Borough's actual ROW management costs as applied to such Tower-Based
WCF.
8.
Requirements for All Non-Tower Wireless Communications Facilities.
All new Non-Tower WCFs shall be permitted upon approval and issuance
of zoning and building permits by the Borough, subject to the applicable
regulations set forth in this Section and the restrictions and conditions
prescribed below.
A.
Prohibited on Certain Structures. Non-Tower WCFs shall not be located
on single-family residences or any accessory residential structure.
B.
Substantial Changes. All Substantial Changes to a Wireless Communications
Facility shall require a prior amendment to the original permit or
authorization issued by the Borough.
9.
Non-Tower Wireless Communications Facilities Located Outside the
Right-of-Way. The following additional regulations shall apply to
all Non-Tower Wireless Communications Facilities located outside the
Right-of-Way.
A.
Development Regulations.
(1)
The total height of the Wireless Support for WCFs shall not
exceed the maximum height permitted in the underlying zoning district.
(2)
The total height of any Wireless Support, including the mounted
WCF, shall not exceed the maximum height permitted in the underlying
zoning district or 45 feet, whichever is greater.
(3)
Antennae and accessory equipment that are mounted to a building
or similar structure may not exceed a height of 10 feet above the
roof or parapet, whichever is higher, unless the Applicant first obtains
a special exception.
(4)
If the Applicant proposes to locate Related Equipment in a separate
building, the building shall comply with the minimum setback and other
dimensional requirements for the underlying zoning district.
(5)
An eight-foot-high security fence and landscape screening satisfying
the requirements of this Section 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.
(6)
Any underground vault related to Non-Tower WCFs shall be reviewed
and approved by the Borough.
B.
Design Regulations.
(1)
Non-Tower WCFs, including Antennae and all Related Equipment,
shall be designed using Stealth Technology to visibly match the Wireless
Support in order to blend into the surrounding environment and minimize
aesthetic impact. Non-Tower WCFs and Related Equipment shall be painted,
or otherwise coated, to be visually compatible with the Wireless Support
upon which they are mounted. The Stealth Technology chosen by the
Applicant and its application shall be subject to the approval of
the Borough.
(2)
The Applicants for a Non-Tower WCF located outside the Right-of-Way
must submit documentation to the Borough justifying the total height
of the Non-Tower structure, subject to the WBCA. Such documentation
shall be analyzed in the context of such justification on an individual
case by case basis.
(3)
Antennae, and their respective accompanying Wireless Supports,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(4)
Non-Commercial Usage Exemption. Borough citizens utilizing satellite
dishes and antennae for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from the Design Regulations enumerated in this Subsection 9B.
C.
Removal and Replacement. The removal and replacement of Non-Tower
WCFs and Related Equipment for the purpose of upgrading or repairing
the WCF Structure is permitted, so long as such repair or upgrade
does not increase the overall size of the WCF Structure or the number
of Antennae, subject to the WBCA.
D.
Related Equipment.
(1)
Ground-mounted Related Equipment connected to or associated
with a Non-Tower WCF outside the Right-of-Way shall be installed underground,
if feasible. Ground-mounted Related Equipment that cannot be installed
underground shall be screened from public view using Stealth Technology,
landscaping and other decorative features to the satisfaction of the
Borough. Electrical meter cabinets shall be screened to blend in with
the surrounding area to the satisfaction of the Borough.
(2)
Related Equipment located on the roof of a building shall not
occupy more than 15% of the roof area.
E.
Inspection. The Borough reserves the right to inspect any Non-Tower
WCF to ensure compliance with the provisions of this Section and any
other provisions of the Codified Ordinances of the Borough or State
or Federal law. The Borough, its agents, consultants, contractors,
and employees, shall have the authority to enter the property upon
which a WCF Structure is located at any time, upon reasonable notice
to the operator, to ensure such compliance.
10.
Non-Tower Wireless Communications Facilities Located in the Right-of-Way.
The following additional regulations shall apply to all Non-Tower
Wireless Communications Facilities located in the Right-of-Way:
A.
Location. Non-Tower WCFs in the ROW shall only be located on existing
poles, such as street lights or utility poles.
B.
Design Regulations:
(1)
Non-Tower WCF installations located above the surface grade
in the 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 are compatible in scale and proportion
to the structures upon which they are mounted, subject to the WBCA.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
(2)
Antennae and all Related Equipment shall be designed using Stealth
Technology to visibly match the Wireless Support. Non-Tower WCFs and
accessory equipment shall be painted, or otherwise coated, to be visually
compatible with the Wireless Support upon which they are mounted.
The Stealth Technology chosen by the Applicant and its application
shall be subject to the approval of the Borough.
C.
Reimbursement for ROW Use. In addition to permit fees as described
in this Section, every Non-Tower WCF located 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 and all costs incurred
by the Borough as a result of such activities. 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 annual ROW
management fee for Non-Tower WCFs shall be determined by the Borough
and authorized by resolution of the Borough Council and shall be based
on the Borough's actual ROW management costs as applied to such Non-Tower
WCF.
D.
Time, Place and Manner Restrictions. 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.
Related Equipment. Related Equipment connected to or associated with
Non-Tower WCFs located in the Right-of-Way shall be installed underground
if located in the Right-of-Way or within an easement area located
on a privately-owned adjacent lot 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)
Related Equipment shall be screened, to the fullest extent possible,
through the use of Stealth Technology, including decorative features,
to the satisfaction of the Borough. Such screening shall maintain
clear sight distance for motorists.
(2)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(3)
Any underground vault related to Non-Tower WCFs and/or Related
Equipment 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 Non-Tower WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF Structure 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.
(4)
An Emergency as determined by the Borough.
11.
Violations and Penalties.
A.
Penalties. Any Person who shall violate any provision of this Section or who, being the owner of a lot, shall permit such violation to occur thereon shall be subject to a fine of up to $1,000 per day during the period such violation shall exist, and the other enforcement proceedings and penalties set forth in Part 8 of this Chapter. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur.
B.
Police Powers. The Borough, by granting any permit or taking any
other action pursuant to this Section, does not waive, reduce, lessen
or impair the lawful police powers vested in the Borough under applicable
Federal, State and local laws and regulations.
[Ord. 300, 12/4/1984; as added by Ord. 412, 11/19/2002, §
II; as amended by Ord. 424, 5/12/2000, § I]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential. The business or commercial activity must satisfy the
following requirements.
1.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
2.
The business shall employ no employees other than family members
residing in the dwelling.
3.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
4.
There shall be no outside appearance of a business including, but
not limited to, parking, signs or lights.
5.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
6.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
7.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
8.
The business may not involve any illegal activity.
[Added by Ord. No. 2018-548, 9/12/2018]
1.
Regular Collection Dumpsters. All Regular Collection Dumpsters shall
be located on private property. Regular Collection Dumpsters are prohibited
from being located in public rights-of-way including all streets,
roads, alleys, sidewalks and any public, private or utility easement
area.
2.
Permit Required for Temporary Dumpsters and Portable Storage Containers.
Temporary Dumpsters and Portable Storage Containers are prohibited
on private property or within any right-of-way or easement unless
a valid permit is obtained from the Borough. The permit application
shall identify the name and contact information for the company or
companies providing and/or delivering the Temporary Dumpster or Portable
Storage Container. No Temporary Dumpster or Portable Storage Container
shall be placed, and no permit shall be issued for its placement,
within any State-owned right-of-way or any alley in the Borough.
[Amended by Ord. No. 2020-568, 8/12/2020]
3.
Maximum Size of Temporary Dumpsters and Portable Storage Containers.
The maximum allowable size for a Temporary Dumpster or Portable Storage
Container in a residential district is 24 feet long by eight feet
wide.
4.
Limitations, Surface Requirements and Setbacks. No more than one
Temporary Dumpster and one Portable Storage Container shall be allowed
in the front yard of any lot on which a residential dwelling has been
constructed. All Temporary Dumpsters and Portable Storage Containers
located in the front yard must be placed no closer than five feet
from the edge of the street, curb or sidewalk, whichever is closest
to the Temporary Dumpster and Portable Storage Container. All Temporary
Dumpsters and Portable Storage Containers must be placed no closer
than two feet from either side yard lot line and must not extend beyond
the rear lot line of any lot.
5.
30-Day Permit Required. A Temporary Dumpster or Portable Storage
Container may be utilized on site in a residential district for no
more than 30 days at a time unless such time is extended by the Borough
upon a showing of sufficient progress on completion of the work related
to the use of the Temporary Dumpster and/or Portable Storage Container.
6.
Exception to 30-Day Permit. The Borough may grant a permit for the
placement of a Temporary Dumpster or Portable Storage Container in
a residential district for more than 30 days without a request for
extension of the permit when the property owner has demonstrated extenuating
circumstances to justify the extension. Extenuating circumstances
shall include, but not be limited to, natural disasters, fire or acts
of God.
7.
Validity of Permit. Permits under this Section shall be valid for
the period specified on the permit, including any extensions granted.
Any permits granted by the Borough shall be limited for use of the
applicant at the approved location only.
8.
Exception for Temporary Dumpsters and Portable Storage Containers
in Public Right-of-Way. When a property in the Borough does not contain
sufficient ground area on the lot for the placement of a Temporary
Dumpster or Portable Storage Container, the Borough may grant a permit
for placement of a Temporary Dumpster or Portable Storage Container
in a public right-of-way or public street or road directly in front
of or behind the subject property for a maximum period of 30 days;
provided, however, no Temporary Dumpster or Portable Storage Container
may be located in an alley. No Temporary Dumpsters or Portable Storage
Containers may be located so as to obstruct a public sidewalk or other
normally-utilized pedestrian access under any circumstances. The location
of a Temporary Dumpster or Portable Storage Container within a public
right-of-way must be located so as to not interfere with vehicular
and/or pedestrian circulation or storm drains and other storm water
management facilities and shall be in accordance with all applicable
building and fire code regulations for the purpose of insuring the
safe ingress and egress to dwellings or other buildings and to assure
access to utility shut-off valves and access to fire protection such
as, but not limited to, fire hydrants and stand pipes. Any such containers
allowed in a public right-of-way shall be situate so as not to obstruct
necessary sight distance for motorists and pedestrians.
[Amended by Ord. No. 2020-568, 8/12/2020]
9.
Temporary Dumpster Waste. Temporary Dumpsters may be used for discarding
personal property, bulk items, demolition waste, construction waste
and any other legally-disposable non-perishable wastes and refuse.
No food waste, garbage, perishable waste, waste subject to spoilage,
human waste or animal waste may be disposed of in a Temporary Dumpster.
10.
Condition of Temporary Dumpsters and Portable Storage Containers.
Temporary Dumpsters and Portable Storage Containers shall at all times
be maintained in good condition, free from damage caused by other
than normal wear and tear, and shall not be marked with graffiti or
contain any holes, tears or punctures.
11.
Advertising. Dumpsters and Portable Storage Containers may not contain
advertising beyond the identification of the company name and telephone
number of the company which placed the Temporary Dumpster or Portable
Storage Container on the property or adjacent to the property as shall
be permitted by the permit.
12.
Safety Measures. Any Temporary Dumpster or Portable Storage Container
with a valid permit to be located within a public right-of-way shall
be equipped with adequate reflectors and safety devices (such as reflective
tape and traffic cones) installed or affixed and strategically placed
to include all four corners to the satisfaction of the Borough to
prevent vehicles from colliding with Temporary Dumpsters or Portable
Storage Containers.
13.
Insurance. As part of the permit application to place a Temporary
Dumpster or Portable Storage Container in the public right-of-way,
the applicant shall provide the Borough with a certificate of insurance
evidencing coverage for general commercial liability and damage to
personal property in the minimum amount of $500,000 from the person
or company supplying the Temporary Dumpster or Portable Storage Container.
The certificate of insurance shall include the following provision
or comparable provision: "Should any of the above described policies
be cancelled before the expiration date thereof, notice shall be delivered
in accordance with the policy provisions."
[Added by Ord. No. 2019-550, 1/9/2019;[1] as amended by Ord. No.
2021-576, 10/13/2021; and by Ord. No. 2022-581, 5/11/2022]
14.
Liability for Damage. The property owner who uses a Temporary Dumpster
or Portable Storage Container shall be responsible for the prompt
repair or replacement of any and all damage to any street, sidewalk,
curbing, public right-of-way or other public improvement located in
the Borough caused by or resulting from the placement, transport,
service, operation, use or removal of such Temporary Dumpster or Portable
Storage Container. If the owner fails to make such repairs, the Borough
may repair such damage and assess the owner for the cost of the work
the Borough performs, plus an additional 10% of such costs, together
with all charges and expenses incurred by the Borough, including attorneys'
fees, and shall seek reimbursement from the owner within 30 days of
delivery of an invoice from the Borough. Failure of the property owner
to make prompt payment to the Borough may result in enforcement proceedings.
The Borough may file a municipal claim and/or municipal lien therefor
against the Property, collect the same by action in assumpsit or seek
reimbursement by any other lawful means.
15.
Permitted Storage. A Portable Storage Container may be used only
for storage of household items related to the property where such
unit is located. There shall be no storage of any commercial or business-related
items unless located on a property used for commercial or business-related
purposes. Hazardous materials including flammable, biohazard substances
shall not be permitted to be stored in Portable Storage Containers
under any circumstances.
16.
Permit Fees. Borough Council shall establish and amend a permit fee
for Temporary Dumpsters and Portable Storage Containers located in
a right-of-way in accordance with § 27-410.8 by duly-adopted
Resolution of Borough Council and may amend such fee from time-to-time
thereafter by duly-adopted Resolution of Borough Council. No permit
fee shall be charged for temporary dumpsters or portable storage containers
located on private property.