City of Warren, PA General Controls

Where the terms "customary" or "similar" are used in defining use, it shall mean other uses which, in the judgment of the Zoning Administrator, are similar to and not more objectionable to the general welfare than the uses listed in the same section. Such use so determined by the Zoning Administrator shall be regarded as a permitted use.

Essential services. Essential services, as defined in this chapter, shall be permitted in any zoning district.

Soil removal. Any person, firm or corporation shall not strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction, alteration of a building on such premises and excavation or grading incidental thereto.

§ 470-40 Supplementary height regulations.

Exceptions to height requirements. The maximum height limitations of this chapter shall not apply to:

Appurtenant structures. Church spire, belfry, cupola, dome, monument, smokestack, derrick, conveyor, flagpole, radio tower, television tower, mast, antenna, aerial, roof tank, ventilating, air conditioning and similar building service equipment; roof structure, chimney and/or parapet wall, provided that any such structure shall set back from the vertical plane of the permitted building line one foot horizontally for each two feet of height which exceeds the maximum height permitted in the zoning district in which it is located.

Existing designed structures. The vertical extension of a structure existing at the effective date of this chapter may be erected to such height as the original drawings of said building indicated, provided that the building was actually designed and constructed to carry the additional stories necessary for such height.

§ 470-41 Supplementary area regulations.

[Amended 7-11-1983 by Ord. No. 1358; 7-16-1984 by Ord. No. 1390; 1-21-1984 by Ord. No. 1400; 10-12-1987 by Ord. No. 1469; 12-12-1988 by Ord. No. 1491; 10-11-1993 by Ord. No. 1569]

Number of principal structures on a lot. Only one principal structure may be permitted on a lot in an R Zone, except in planned residential developments and for multifamily dwellings.

Lot width and area exceptions for lot of record. A one-family detached dwelling may be constructed on any lot of record at the effective date of this chapter as long as such lot contains at least 4,000 square feet.

Determination of yards and minimum distance to lot lines on irregularly shaped lots. When any main wall of a structure does not parallel the lot line which the wall faces, the yard or minimum distance to the lot line, from any given point along the face of the wall, shall be equal to the minimum dimension required for that yard or distance to lot line, whichever is applicable.

Planned residential developments. Under controlled conditions and in accordance with § 470-23 more than one principal structure may be permitted on a lot and required area regulations and yard requirements may be waived, but any such developments must comply with the requirements in § 470-23 for planned residential developments.

Projections into and occupancy of yards, courts or other open spaces. The following projections into and the occupancy of required yards, courts or other open spaces, except a porch and/or similar attached or semidetached accessory structure, shall be permitted, subject to the following provisions:

(1)

Steps, stoops, window sills, belt courses, eaves, similar architectural features, rain leaders and/or chimney, provided that it shall not project more than six feet beyond the face of the wall.

(2)

Exterior stairways, fire towers, balconies, fire escapes or other required means of egress, provided that it shall not project more than six feet beyond the face of the wall.

(3)

Trees, shrubs, lawns, flowers, all other vegetation, provided that no vegetation shall obstruct visual clearance at intersecting streets by being over three feet in height above the curbline within the triangular area formed by the intersection of the curblines and a straight line adjoining said curblines at points which are 15 feet distant from the point of intersection, measured along said intersecting curblines.

Fences, walls and hedges.

(1)

The yard requirements of this chapter shall not apply to any otherwise lawful fence, hedge or wall, provided that in any residential district no fence, hedge or wall shall exceed four feet in height in any front yard nor six feet in height in any side or rear yard.

(2)

The owners of existing principal structures which are placed to the rear of the average setback line for the block may extend a side-yard-height fence, wall or hedge to the average setback line.

(3)

Permits shall be required for the erection of any new fence or wall.

(4)

Special exception. Exceptions to the maximum height limitations as provided in Subsection F(1), (2) and (3) above may be permitted as a special exception when authorized by the Zoning Hearing Board, subject to Article XIII of this chapter.

(5)

Nonconformances.

(a)

Any present fence or wall not in compliance with the height limitations as provided in Subsection F(1), (2) and (3) above shall be considered nonconforming as of the date of this chapter, and any subsequent erection of a fence or wall shall comply with the requirements for "Nonconforming Uses," Article XI of this chapter.

(b)

Any present hedge not in compliance with height limitations as provided in Subsection F(1), (2) and (3) above shall be brought into compliance within one year of the effective date of this chapter.

Woodpiles. The storage of wood for use as fuel in all zoning districts of the City shall be permitted so long as wood is stacked in piles in side and rear yards no higher than six feet.

§ 470-42 Special exceptions in use.

The temporary erection and use of a real estate office and/or contractor's storage yard in any R Residential District, provided that:

(1)

The Zoning Hearing Board shall hear and decide such special exception as provided for in Article XIII.

(2)

In cases where such use is incidental and reasonably necessary to the development of housing or construction purposes, and where the proposed use is clearly of a temporary nature, to be abandoned as the adjacent areas become occupied for residential use. Any permit so authorized shall be only for such limited period of time, and in no case more than one year, or as the Zoning Hearing Board, considering the character of the area in question, shall determine is reasonable, provided that such permit shall be conditional upon written agreement by the owner to remove any building or other structure erected thereunder, upon the expiration of the permit.

The reasonable extension of use regulations into another zoning district over a lot divided by a zoning district boundary line, provided that:

(1)

The Zoning Hearing Board shall hear and decide such exception.

(2)

Such extension shall not be more than 50 feet beyond the boundary line of the zoning district, and when all parts of such lot are held under the same ownership at the effective date of this chapter.

§ 470-43 General control of outdoor illumination; illumination of buildings.

[Amended 5-18-1989 by Ord. No. 1549]

Buildings and uses in commercial and industrial zones may be illuminated by reflected light, provided that the source of such light shall be suitably shielded so as not to detract from the quiet enjoyment of surrounding uses. The Zoning Administrator may, at any time, require existing lights to be rearranged or shielded to conform. Such an order may be appealed to the Zoning Hearing Board, but otherwise must be complied with within 30 days from the date of notification.

§ 470-44 Screening of borders.

[Amended 4-10-1995 by Ord. No. 1591]

In a commercial or industrial district where a permitted nonresidential use abuts a residential district, in cases of new construction (including interior and exterior renovations), change of use or change of zoning, the owner shall provide the following:

Suitable screening consisting of either a compact evergreen hedge which will reach a height of six feet within three years or a solid wood fence or unpierced masonry wall six feet in height.

That all screening shall be maintained with a neat, attractive appearance with no dead plants nor peeling paint.

That all required screening shall be completed within six months from commencement of construction activities or a change in use or change in zoning.

Trash or waste storage areas completely enclosed by a solid wood fence or unpierced masonry wall six feet in height.

A bond to be posted with the City of Warren in the amount of $1,500 to cover the completion of the required screening and to be discharged after one year from the date of completion if at said time the screening is in place, properly maintained and in good condition.

§ 470-45 Prohibited uses.

A building may be erected or used, and a lot may be used or occupied, for any lawful purpose except for those purposes specified below or any purposes substantially similar to any so specified:

(1)

Acetylene gas manufacture, except as consumed by the manufacturer.

(2)

Acid manufacture (hydrochloric, nitric, picric, sulphuric, sulphanic, carbolic, etc.).

(3)

Ammonia, bleaching powder or chlorine manufacture.

(4)

Commercial ammunition manufacturing or wholesale storage of ammunition.

(5)

Animal black, lamp black or bone black manufacture.

(6)

Arsenal.

(7)

Bone distillation.

(8)

Cement, lime gypsum, or plaster of paris manufacture.

(9)

Creosote treatment or manufacture.

(10)

Curing, tanning or storage of raw hides and skins.

(11)

Dead animals and offal reduction.

(12)

Distillation of bones, refuse, grain or wood (except in the manufacture of gas).

(13)

Drilling of oil, gas or other minerals, except in industrial districts.

(14)

Dyestuff manufacture.

(15)

Emery cloth or sandpaper manufacture.

(16)

Explosives, fireworks and gunpowder manufacture or storage thereof.

(17)

Fat rendering.

(18)

Fertilizer manufacture.

(19)

Glue, sizing or gelatin manufacture.

(20)

Incineration, reduction, storage or dumping of slaughter.

(21)

Linoleum manufacture.

(22)

Match manufacture.

(23)

Paper or pulp manufacture.

(24)

Potash works.

(25)

Proxylin manufacture.

(26)

Mining for coal or other minerals.

Slaughterhouse.

Soap manufacture.

Stockyard.

Asphalt batching plants.

(31)

Mobile homes and mobile home parks.

§ 470-46 Swimming pools.

[Amended 7-11-1983 by Ord. No. 1358]

In-ground and aboveground swimming pools shall be permitted as a residential accessory use, provided a pool is located in the rear yard of the dwelling to which it is accessory. Any pool is to be located 10 feet from any lot line and must be enclosed by a continuous barrier not less than four feet high nor more than six feet in height.

§ 470-47 Satellite discs and dishes.

[Added 1-21-1984 by Ord. No. 1399; amended 6-12-1995 by Ord. No. 1594]

Residential. Satellite discs and dishes are permitted in all residential districts in the rear yard of lots. Satellite discs and dishes that are two feet in diameter or less are permitted on the roof or rear or side walls of a building and not in violation of setback requirements. Satellite discs and dishes shall not contain additional advertising except the manufacturer's logo.

Other uses. Satellite discs and dishes are permitted in all other use districts according to the regulations for residential installations, or they may be securely installed on the roofs of structures.

§ 470-48 Adult-oriented establishments.

[Added 5-21-2007 by Ord. No. 1756]

Adult-oriented establishments pursuant to § 470-30C shall be subject to the following definitions and conditions, as preempted by Pennsylvania Legislative Act 120 of 1996, 68 Pa.C.S.A. § 5501 et seq.

As a conditional use, the application must be reviewed by the City of Warren Planning Commission and forwarded to Warren City Council for action. As per the Pennsylvania Municipalities Planning Code, Act 247, the applicant must demonstrate that the conditions enumerated, along with other reasonable conditions attached by the City, are met.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT BOOKSTORE: An enclosed building with floor plans which conform to the requirements of 68 Pa.C.S.A. § 5501 et seq., providing books, reading material, literature or other objects representing material distinguished or characterized by the emphasis on matter depicting, describing, or relating to specified sexual activities, or distribution, purchase, observation, or review by patrons therein.

ADULT LIVE ENTERTAINMENT: Live performance, display or dance of any type which has as a significant or substantial part of the performance any actual or simulated performance of specified activities, as defined in this section, removal of articles of clothing or appearing unclothed, pantomiming, modeling, or any other personal services offered customers. This definition does not include any establishments not within the scope of the state regulation of adult-oriented establishments as set forth at 68 Pa.C.S.A. § 5501 et seq.

ADULT MINI MOTION-PICTURE THEATER: An enclosed building with floor plans which conform to the requirements of 68 Pa.C.S.A. § 5501 et seq., with a capacity for less than 50 persons, used for presenting material distinguished or characterized by the emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein for observation by patrons therein).

BOTTLE CLUB: A place of assembly owned, maintained or leased for pecuniary gain, in which no intoxicating liquors are sold but where patrons are permitted to bring intoxicating liquors upon the premises for their own use and consumption. The floor plan for the place of assembly shall conform to the requirement of 68 Pa.C.S.A. § 5501 et seq.

MASSAGE PARLOR: An enclosed building with floor plans which conform to the requirements of 68 Pa.C.S.A. § 5501 et seq., or enclosed area within a building in which one of the services offered or provided to the patrons of said enclosed building or enclosed area within a building consists of body massages, body rubs, or other physical manipulation of the patron's body.

PROFESSIONAL MASSAGE THERAPIST: Any persons providing massage services who: a) has earned a degree or certificate with a minimum of 500 hours completed curriculum from a school licensed to teach therapeutic massage techniques or those who have been certified by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB); or b) is working under the supervision of a licensed physician, licensed nurse, licensed chiropractor, licensed therapist, or licensed trainer. A minimum of one professional massage therapist must be on site during all business hours in which massages occur.

SPECIFIED ANATOMICAL AREAS: Includes:

SPECIFIED SEXUAL ACTIVITIES

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse, or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Conditions. In addition to the definitions and regulations expressed in 68 Pa.C.S.A. § 5501 et seq., the following conditions shall apply. The applicant shall demonstrate compliance with the listed standards.

(1)

Adult bookstore, adult live entertainment, adult motion-picture theater, adult mini motion-picture theater, massage parlor, or bottle club shall be located at least 750 feet from the nearest property line of any other adult bookstore, adult motion-picture theater, adult mini motion-picture theater, massage parlor, or bottle club and shall be located at least 750 feet from the nearest property line of any residential use, church, school, other institution of learning or education, hospital, library, park or playground. In addition, the listed uses of this section shall be located at least 100 feet from the property line of any commercial or industrial use.

(2)

The aesthetics of design and color scheme of the building, whether new or remodel, shall be reviewed and approved by the City Planning Commission and City Council.

(3)

Signage for the proposed establishment shall be a part of the building and use permit application. It shall be reviewed for color and design pattern and shall not contain phrases, language or depictions deemed obscene or offensive by community standards.

(4)

City Council may attach any other reasonable standards or conditions needed to carry out the intentions of this section. This may include, but is not limited to, hours of operation, liability insurance, criminal background checks, and periodic inspections by City personnel.

§ 470-49 Bed-and-breakfast facilities.

[Added 3-17-2008 by Ord. No. 1762]

Bed-and-breakfast facilities shall be subject to the following definition and conditions.

Definitions. As used in this section, the following terms shall have the meanings indicated:

BED-AND-BREAKFAST FACILITY: The use and occupancy of a single-family detached dwelling for accommodating transient guests for rent within the requirements of this chapter.

Conditions.

(1)

Such use shall be accessory to and permitted only for a single-family detached residential use that is in compliance with all of the applicable area and bulk regulations of the C-1, C-2, R-2 and R-3 Districts. Location in an R-1 District will require special exception from the Zoning Hearing Board.

(2)

No more than five rental units shall be provided, and no more than four persons may occupy one rental unit.

(3)

At least one bathroom shall be provided per each unit, and guests must not pass through other guest rooms to access a bathroom.

(4)

A preexisting residence shall retain a residential appearance and character.

(5)

There shall be no separate kitchen or cooking facilities in any guest room. All food service shall comply with federal, state and municipal regulations for the preparation, handling and serving of food.

(6)

One off-street parking space is required for every two available rental units.

(7)

The owners of the bed-and-breakfast should use the residence as their primary residence.

§ 470-49.1 Wireless communications facilities.

[Added 12-19-2016 by Ord. No. 1887]

Terms specific to wireless communications facilities.

APPLICANT: Any entity or person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way, City-owned land, or other property.

CO-LOCATION: The mounting of one or more mass communications antennas on an existing mass communications tower or on any structure that has been approved by the City to support at least one mass communications antenna.

EMERGENCY: A condition that:

FCC: Federal Communications Commission.

HEIGHT OF A MASS COMMUNICATIONS TOWER: The vertical distance measured from the ground level, including any base pad, to the highest point on a mass communications tower, including mass communications antennas mounted on the tower and any other appurtenances.

MASS COMMUNICATIONS ANTENNA: Any antenna and related equipment attached to a wireless support structure. Mass communications antennas shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

MASS COMMUNICATIONS TOWER: Any structure that is constructed for the primary purpose of supporting one or more mass communications antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. Distributed antenna system hub facilities are considered to be mass communications towers. A mass communications tower shall not include towers and supportive structures for amateur purposes, including but not limited to ham and citizens band radios maintained and/or utilized by federally licensed amateur radio operators.

RELATED EQUIPMENT: Any piece of equipment related to, incidental to, or necessary for the operation of a mass communications tower or mass communications antenna. By way of illustration, not limitation, related equipment includes generators and base stations.

RIGHT-OF-WAY: The surface and space in, on, above and below any real property in which the City of Warren has an interest in law or in equity, including, but not limited to, any public street, boulevard, avenue, road, highway, easement, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, green space or any other place.

SMALL WIRELESS COMMUNICATIONS FACILITY: A wireless telecommunication facility that meets the following criteria:
[Added 3-18-2018 by Ord. No. 1914]

STEALTH TECHNOLOGY: Camouflaging methods applied to Wireless Communications 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, flagpoles, and light poles.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE: A modification to an existing Wireless Communications Facility that changes the physical dimensions of a mass communications tower or base station if it meets any of the following criteria:

WBCA: Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WIRELESS: Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF): 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.

WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a mass communications tower, or any other support structure that could support the placement or installation of a wireless communications facility, if approved by the City.

General and specific requirements for mass communications antennas.

(1)

The following regulations shall apply to all mass communications antennas, except those operated by a federally licensed amateur radio operator:

(a)

Standard of care. All mass communications antennas 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Any mass communications antennas 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 City.

(b)

Permitted in all districts pursuant to regulations enumerated herein. To the extent permitted by law, mass communications antennas are permitted by right in all zoning districts (except the state-recognized Historic District), so long as they comply with all of the terms and conditions of this Zoning Ordinance.

(c)

Special exception authorization required. To the extent permitted by state and federal law, mass communications antennas are only permitted by special exception in the City's Historic District. In order to be considered for special exception authorization, the applicant must submit documentation and information to City Council demonstrating that the proposed mass communications antenna complies with all applicable regulations enumerated herein.

(d)

Historic areas. No mass communications antenna may be located upon any property, or on a building, or structure that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the City to be of specific historical significance.

(e)

Wind. All mass communications antennas structures shall be designed to withstand the effects of wind gusts and sustained winds of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended).

(f)

Aviation safety. Mass communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

(g)

Public safety communications and other communications services. Mass communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(h)

Radio frequency emissions. A mass communications antenna shall not, by itself or in conjunction with other mass communications antennas and/or mass communications towers, 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 mass communications antenna is discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned mass communications antennas, or portions of mass communications antennas, shall be removed as follows:

[1]

All abandoned or unused mass communications antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the City.

[2]

If the mass communications antenna or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the City, the mass communications antenna and/or related equipment may be removed by the City and the cost of removal assessed against the owner of the mass communications tower. As security, the City reserves the right to the salvage value of any removed mass communications antenna and/or related equipment, if such mass communications antenna and/or related equipment is not removed by the owner within the specific time frame enumerated in this chapter.

(j)

Insurance. Each person that constructs, owns or operates a mass communications antenna shall annually provide the City with a certificate of insurance, naming the City as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the mass communications antenna. If the underlying insurance does not permit coverage to extend to additional insured policies, then the applicant shall purchase an endorsement to effect such coverage.

(k)

Indemnification. Each person that owns or operates a mass communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the mass communications antenna. Each person that constructs, owns or operates a mass communications antenna shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a mass communications antenna. 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.

(l)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1]

The mass communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, inspection or emergency repair.

[2]

Such maintenance shall be performed to ensure the upkeep of the mass communications antenna in order to promote the safety and security of the City's residents.

[3]

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(m)

Removal, replacement and modification.

[1]

To the extent permitted by law, the removal and replacement of mass communications antennas and/or related equipment for the purpose of upgrading or repairing the mass communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of mass communications antennas.

[2]

To the extent permitted by state law, any material modification to a mass communications antenna shall require notice to be provided to the City and possible supplemental permit approval to the original permit or authorization.

(2)

In addition to the regulations enumerated in Subsection B(1) above, the following regulations shall apply only to mass communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:

(a)

Permit required. Mass communications antenna applicants proposing structural changes to an existing mass communications tower, which do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the WBCA, shall obtain a building permit from the City. In order to be considered for such a permit, the applicant must submit a permit application on a form provided by the City Building and Codes Office, to the City in accordance with applicable permit policies and procedures.

(b)

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a mass communications antenna is filed with the City, the City shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the City shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the City to complete an application, the time required by the applicant to provide the information shall not be counted toward the sixty-day review period.

(c)

Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing any application for approval of a mass communications antenna or $1,000, whichever is less.

(3)

In addition to the regulations enumerated in Subsection (B)(1), the following regulations shall apply to mass communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act and are outside the ROW:

(a)

Prohibited on certain structures. No mass communications antenna shall be located on single-family residences, duplexes, or townhomes.

(b)

Retention of experts. The City may hire any consultant(s) and/or expert(s) necessary to assist the City in reviewing and evaluating the application for approval of the mass communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these mass communications antenna provisions. The applicant and/or owner of the mass communications antenna shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(c)

Permits. Zoning, building and/or electrical permits may be required. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a mass communications antenna, as well as related inspection, monitoring and all other related costs. Such fees shall be determined by Council and are as set forth on the Fee Resolution which may be amended from time to time.

(d)

Development regulations. Mass communications antennas shall be co-located on existing wireless support structures subject to the following conditions:

[1]

The total height of any mass communications antenna shall not exceed 20 feet above the wireless support structure or structure to which it is attached.

[2]

In accordance with industry standards, all mass communications antenna applicants must submit documentation to the City justifying the total height of the mass communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.

[3]

If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site. The evergreen screen shall be a minimum height of six feet at planting and shall not exceed 10 feet on center.

(e)

Security fence. A decorative security fence, facing out, with a maximum height of six feet shall surround any separate communications equipment building. A fence permit issued by the City Building and Codes Department is required for the installation of such fence. Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site.

(f)

Noncommercial usage exemption. City residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in this amendment to the Zoning Ordinance. Amateur radio operators are exempt from the regulations enumerated in this section.

(g)

Design regulations. Mass communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the City Code Official.

(h)

Inspection. The City reserves the right to inspect any mass communications antenna to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the property upon which a mass communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance. Additionally, the owner and/or operator of the mass communications antenna shall inspect such mass communications antenna on an annual basis for compliance with all application regulations and standards. Proof of inspection shall be provided to the City.

(i)

Financial security. Prior to construction or placement of a mass communications antenna on City-owned property, the applicant shall provide to the City a bond in an amount of no less than $50,000 to guarantee the removal of the mass communications antenna. The bond shall remain in place until the mass communications antenna is removed, and costs therefor reimbursed to the City if necessary, and shall apply only to mass communications antennas located outside the public rights-of-way.

(4)

Regulations applicable to all mass communications antennas located in public rights-of-way. In addition to the regulations enumerated in Subsection (B)(1) above, the following regulations shall apply to mass communications antennas located in the public rights-of-way:

(a)

Co-location. Mass communications antennas in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the City's approval, shall locate its mass communications antennas on existing poles or freestanding structures that do not already act as wireless support structures.

(b)

Design requirements:

[1]

Mass communications antenna installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and 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]

Mass communications antennas and related equipment shall be treated with stealth technology by the mass communications antenna owner or applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c)

Time, place and manner. The City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all mass communications antennas 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 City and the requirements of the Public Utility Code.

(d)

Equipment location. Mass communications antennas and related 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 City. In addition:

[1]

Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb nor obstruct the sidewalk.

[2]

Ground-mounted related equipment that is not placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the City.

[3]

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the City.

[4]

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 14 calendar days of notification.

[5]

Any proposed underground vault related to mass communications antennas shall be reviewed and inspected and is subject to approval by the City DPW Director and UCC Commercial Inspector.

(e)

Relocation or removal of facilities. Within two months following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a mass communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any mass communications antenna when the City, consistent with its police powers and applicable Public Utility Commission regulations, has determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;

[2]

The operations of the City 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 City.

(f)

Reimbursement for ROW use. In addition to permit fees as described in this section, every mass communications antenna in the ROW is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the City's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each mass communications antenna shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above.

General and specific requirements for all mass communications towers.

(1)

The following regulations shall apply to all mass communications towers, excluding any mass communications tower that is owned and operated by a federally licensed amateur radio operator:

(a)

Standard of care. Any mass communications towers 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, mass communications towers shall 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 City.

(b)

Notice. Upon submission of an application for a mass communications tower and the scheduling of the mandatory public hearing in front of the City Zoning Hearing Board, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the City.

(c)

Permitted by right in industrial and commercial districts. Telemass communications towers are permitted by right in the M-I Manufacturing and Industrial District and C-2 Central Commercial District, so long as the proposed Telemass communications towers comply with all applicable conditions stated herein.

(d)

Special exception authorization required in districts other than M-I Manufacturing and Industrial District and C-2 Commercial District in residential districts. Mass communications towers are permitted by special exception both inside and outside the public rights-of-way in all districts other than the Industrial and C-2 Districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed mass communications tower is the minimum height necessary for its service area.

[1]

Prior to the City Zoning Hearing Board's consideration of a special exception application authorizing the construction and installation of a mass communications tower, it shall be incumbent upon the applicant for such special exception approval to prove to the reasonable satisfaction of City Zoning Hearing Board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, mass communications antennas, and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed mass communications tower must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

[2]

The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

[3]

The special exception application shall be accompanied by documentation demonstrating that the proposed mass communications tower complies with all state and federal laws and regulations concerning aviation safety.

[4]

Where the mass communications tower is located on a property with another principal use, the applicant shall present documentation to the City Zoning Hearing Board that the owner of the property has granted an easement for the proposed mass communications tower and that vehicular access will be provided to the facility.

[5]

The special exception application shall be accompanied by documentation demonstrating that the proposed mass communications tower complies with all applicable provisions in this section.

(e)

Engineer inspection. Prior to the Zoning Hearing Board's issuance of a permit authorizing construction and erection of a mass communications tower, a structural engineer registered in Pennsylvania shall issue to the City a written certification of the proposed mass communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception proceedings before the City Zoning Hearing Board or, at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any permits.

(f)

Visual appearance. Mass communications towers shall employ stealth technology. All mass communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The City Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques.

(g)

Co-location and siting. An application for a new mass communications tower shall demonstrate that the proposed mass communications tower cannot be accommodated on an existing or approved structure or building or on parcels of land or buildings owned by the City of Warren. The City Zoning Hearing Board may deny an application to construct a new mass communications tower if the applicant has not made a good faith effort to mount the mass communications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within 1/4 of a mile radius of the site proposed, sought permission to install a mass communications antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[1]

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2]

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

[3]

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(h)

Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing mass communications tower, which increases the overall height of such wireless support structure, shall first obtain a building permit from the City. Nonroutine modifications shall be prohibited without such permit.

(i)

Gap in coverage or capacity. An applicant for a mass communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of mass communications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the City Zoning Hearing Board's decision on an application for approval of a mass communications tower.

(j)

Additional mass communications antennas. As a condition of approval for all mass communications towers, the WCF applicant shall provide the City Manager with a written commitment that it will allow other service providers to co-locate mass communications antennas on mass communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a mass communications tower shall not install any additional mass communications antennas without obtaining the prior written approval of the City Manager.

(k)

Wind. Any mass communications tower structures shall be designed to withstand the effects of wind gusts and sustained winds of at least 100 miles per hour in addition 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/TIA-222), as amended.

(l)

Height. Any mass communications tower shall be designed at the minimum functional height. The maximum height of any new mass communications tower outside the public rights-of-way shall be 100 feet. Mass communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.

(m)

Related equipment. Either a single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five metal boxes placed on a pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing space on the mass communications tower.

(n)

Public safety communications and other communications services. No mass communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.

(o)

Maintenance. The following maintenance requirements shall apply:

[1]

Any mass communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, inspection or emergency repair.

[2]

Such maintenance shall be performed to ensure the upkeep of the mass communications tower in order to promote the safety and security of the City's residents and utilize the best available technology for preventing failures and accidents.

(p)

Radio frequency emissions. A mass communications tower shall not, by itself or in conjunction with other mass communications towers or mass communications antennas, 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.

(q)

Historic buildings or districts. No mass communications tower may be located upon any property, or on a building, structure that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way) or the City's Historic District or that is deemed by the City to be of local historic significance.

(r)

Signs. All mass communications towers 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. The only other signage permitted on the mass communications tower shall be those required by the FCC or any other federal or state agency.

(s)

Lighting. No mass communications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient automatic lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City Manager.

(t)

Noise. Mass communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(u)

Aviation safety. Mass communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

(v)

Retention of experts. The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the application for approval of the mass communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the mass communications tower shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(w)

Timing of approval. Within 30 calendar days of the date that an application for a mass communications tower is filed with the City, the City shall notify the applicant in writing of any information that may be required to complete such application. All applications for mass communications towers shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such mass communications towers, and the City shall advise the applicant in writing of its decision. An application shall not be deemed complete until any required variances or special exceptions have been granted.

[Amended 3-18-2018 by Ord. No. 1914]

(x)

Nonconforming uses. Nonconforming mass communications towers 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 section.

(y)

Removal. In the event that use of a mass communications tower is planned to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned mass communications towers, or portions of mass communications towers, shall be removed as follows:

[1]

All unused or abandoned mass communications towers and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the City.

[2]

If the mass communications tower and/or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the City, the mass communications tower and related equipment may be removed by the City and the cost of removal assessed against the owner of the mass communications tower. As security, the City reserves the right to the salvage value of any removed mass communications tower and/or related equipment, if such mass communications tower and/or related equipment are not removed by the owner within the time frames enumerated in this chapter.

(z)

(aa)

FCC license. Each person that owns or operates a mass communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(bb)

Insurance. Each person that owns or operates a mass communications tower greater than 40 feet in height shall annually provide the City with a certificate of insurance naming the City as an additional insured and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the mass communications tower. Each person that owns or operates a mass communications tower 40 feet or less in height shall annually provide the City with a certificate of insurance naming the City as an additional insured and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each mass communications tower. If the underlying insurance does not permit coverage to extend to additional insured policies, then the applicant shall purchase an endorsement to effect such coverage.

(cc)

Indemnification. Each person that constructs, owns or operates a mass communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the mass communications tower. Each person that owns or operates a mass communications tower shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the mass communications tower. 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.

(dd)

Professional engagement. All plans and drawings for a mass communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(ee)

Financial security. Prior to receipt of a zoning permit for the construction or placement of a mass communications tower, the applicant shall provide to the City financial security sufficient to guarantee the construction of the mass communications tower. Said financial security shall remain in place until the mass communications tower is fully constructed. Should the mass communications tower be abandoned by the owner and/or operator and not removed within two months of such abandonment, the City shall have the authority to remove the mass communications tower and sell all of its pieces, as well as related equipment, used in the operation of the mass communications tower, in order to recover the cost of said removal.

(2)

In addition to the regulations enumerated in Subsection (C)(1), the following regulations shall apply to mass communications towers located outside the public rights-of-way:

(a)

Development regulations.

[1]

Sole use on a lot. A mass communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the City Zoning Ordinance.

[2]

Combined with another use. A mass communications tower may be permitted on a property with an existing use or on a vacant parcel in combination with another use, except residential, 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 mass communications tower.

[b]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the mass communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed mass communications tower is greater than 40 feet in height.

[c]

Minimum setbacks. The minimum distance between the base of a mass communications tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the mass communications tower. The underlying lot must be large enough to accommodate related equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a mass communications tower.

(b)

Design regulations.

[1]

The mass communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the City Zoning Hearing Board.

[2]

To the extent permissible by law, any height extensions to an existing mass communications tower shall require prior approval of the City Zoning Hearing Board.

[3]

Any proposed mass communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's mass communications antennas and comparable mass communications antennas, for the maximum amount of future users based on the size of the proposed mass communications tower.

[4]

Any mass communications tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(c)

Surrounding environs.

[1]

The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the mass communications tower shall be preserved to the maximum extent possible.

[2]

The applicant shall submit a soil report to the City complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the mass communications tower, and anchors for guy wires, if used.

(d)

Fence/screen.

[1]

A decorative security fence, facing out, with a maximum height of eight feet shall completely surround any mass communications tower greater than 40 feet in height, as well as guy wires, or any building housing related equipment. A fence permit issued by the City Building and Codes Department is required for the installation of such fence.

[2]

The applicant shall comply with the requirements for buffer yards and screening as required by the City Zoning Ordinance.

(e)

Related equipment.

[1]

Ground-mounted related equipment associated to, or connected with, a mass communications tower shall be placed underground or screened from public view using stealth technologies, as described herein.

[2]

All related equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.

(f)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to mass communications towers. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the mass communications tower owner shall present documentation to the City that the property owner has granted an easement for the proposed facility.

(g)

Parking. For each mass communications tower greater than 40 feet in height, there shall be two off-street parking spaces.

(h)

Inspection. The City reserves the right to inspect any mass communications tower to ensure compliance with the Zoning Ordinance and any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the property upon which a mass communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3)

In addition to the regulations enumerated in Subsection (C)(1) above, the following regulations shall apply to mass communications towers located in the public rights-of-way.

(a)

Location and development standards.

[1]

Mass communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.

[2]

Mass communications towers shall not be located in the front facade area of any structure.

(b)

Time, place and manner. The City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all mass communications towers 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 City and the requirements of the Public Utility Code.

(c)

Equipment location. Mass communications towers and related 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 City. In addition:

[1]

[2]

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the City Zoning Hearing Board.

[3]

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the City Zoning Hearing Board.

[4]

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

[5]

Any underground vaults related to mass communications towers shall be reviewed and approved by the City's DPW Director and UCC Commercial Inspector.

(d)

Design regulations.

[1]

The mass communications tower 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 applicant shall be subject to the approval of the City Zoning Hearing Board.

[2]

Mass communications towers in the public ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.

[3]

To the extent permissible under state and federal law, any height extensions to an existing mass communications tower shall require prior approval of the City Zoning Hearing Board and shall not violate the provisions described herein.

[4]

Any proposed mass communications towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's mass communications antennas and comparable mass communications antennas the maximum amount of future users based on the size of the proposed mass communications tower.

(e)

Relocation or removal of facilities. Within 60 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a mass communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any mass communications tower when the City, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;

[2]

The operations of the City 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 City.

(f)

Reimbursement for ROW use. In addition to permit fees as described in this section, every mass communications tower in the ROW is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the City's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each mass communications tower shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above.