City of Latrobe, PA Article XIII Wireless Communications Facilities

[Added 5-8-2017 by Ord. No. 2017-8]

§ 166-89 Purposes and findings of fact.

A. The purpose of this article is to establish uniform standards for the location, siting, design, permitting, maintenance, and use of wireless communications facilities within the City of Latrobe. The City of Latrobe recognizes the importance of wireless communications and their attendant facilities in providing high-quality communications service to the City's residents, businesses, and emergency management and response organizations. The City of Latrobe also has a responsibility to protect the public, enhance public safety, and to minimize the adverse visual and dangerous effects of such facilities through the standards set forth in this article.

B. It is the City of Latrobe's intent to:

(1) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(2) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both City residents and wireless carriers in accordance with federal and state laws and regulations;

(3) Establish procedures for the design, location, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the City;

(4) Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(5) Minimize the adverse visual and dangerous effects and the number of such facilities through proper design, location siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

(6) Promote the health, safety and welfare of the City's residents.

§ 166-90 General requirements for non-tower wireless communications facilities.

A. The following regulations shall apply to all non-tower WCFs:

(1) Permitted only as a special exception in all zones, subject to the following regulations. Non-tower WCFs are permitted in all zones, subject to the restrictions and conditions prescribed below and subject to applicable permitting by the City. No non-tower WCFs shall be constructed without a special exception permit.

(2) Prohibited on certain structures. Non-tower WCFs may not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(3) 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 design regulations enumerated in this article. This exemption shall include amateur radio operators.

(4) Nonconforming wireless support structures. Non-tower WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures existing on the effective date of this article. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(5) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the City of Latrobe.

(6) Wind. All non-tower WCF structures shall be designed to withstand the effects of wind gusts 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).

(7) Aviation safety. All non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(8) Public safety communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(9) Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(10) Removal. In the event that use of a non-tower WCF 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 WCFs or portions of WCFs shall be removed as follows:

(a) All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the City.

(b) If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF.

(11) Timing of approval for co-location applications. The following time frames shall apply to applications for co-located non-tower WCFs:

(a) Applications for co-located non-tower WCFs that do not substantially change the dimensions of the underlying wireless support structure or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocations Act. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the City, the City shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 90 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 WCF applicant, in writing, of such decision.

(b) Applications for co-locations that do substantially change the dimensions of the underlying wireless support structure or that otherwise fall under the Pennsylvania Wireless Broadband Collocations Act. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the City, the City shall notify the WCF 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 WCF applicant, in writing, of such decision.

(12) Insurance. Each person that owns or operates a non-tower WCF shall provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(13) Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City of Latrobe, 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 non-tower WCF. Each person that owns or operates a non-tower WCF 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 non-tower WCF. 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.

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

(a) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the City's residents.

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

B. In addition to the general requirements for non-tower wireless communications facilities, the following regulations shall apply to all co-located non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached and/or fall under the Pennsylvania Wireless Broadband Collocation Act:

(1) Building permit required, excepted from the special exception authorization requirement. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the City. In order to be considered for such permit, the WCF applicant must submit a permit application to the City in accordance with applicable permit policies and procedures. The City shall issue a determination on the building permit within 90 days of the date of the receipt of a completed application.

(2) Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

(3) Permit fees. 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 non-tower WCF.

C. The following regulations shall apply to all non-tower WCFs that do substantially change the wireless support structure to which they are attached and/or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

(1) Special exception authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a special exception from the City. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the special exception process. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in the City of Latrobe Code.

(2) Historic buildings. No non-tower WCF may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the City, or has been designated by the City to be of historical significance.

(3) Permit fees. 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 non-tower WCF, as well as related inspection, monitoring and related costs.

(4) Development regulations. Non-tower WCFs shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

(a) The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.

(b) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the City justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

(c) If the WCF 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.

[1] Landscaping. An evergreen screen shall surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

(5) Design regulations.

(a) Non-tower WCFs 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 WCF applicant shall be subject to the approval of the City.

(b) Omnidirectional or whip communications antennas shall not exceed 20 feet in height or seven inches in diameter.

(c) Directional or panel communications antennas shall not exceed eight feet in height or three feet in width.

(d) Cylinder-type antennas shall not exceed 10 feet in length and shall not exceed 12 inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and any related accessory equipment visually unobtrusive.

(e) Satellite and microwave dishes shall not exceed 10 feet in diameter. Dish antennas greater than three feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture or building to which they are attached. This screening requirement shall not apply to dishes located upon towers.

(f) A security fence with a minimum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.

(6) Removal, replacement and modification.

(a) The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

(b) Any material modification to a WCF shall require notice to be provided to the City and possible supplemental permit approval to the original permit or authorization.

(7) Inspection. The City reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(8) 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 WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

§ 166-91 General and specific requirements for all tower-based wireless communications facilities.

A. The following regulations shall apply to all tower-based wireless communications facilities:

(1) Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the City.

(2) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the City.

(3) Special exception authorization required. Tower-based WCFs are permitted in certain zoning districts and subject to said zone districts' restrictions. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this or any other section of the Zoning Code unless it proves the necessity for such height. The WCF applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area.

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

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

(c) The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

(d) Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

(e) The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.

(4) Engineer certification. Prior to the City's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the City a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the Zoning Hearing Board hearing(s) or at a minimum be made as a condition attached to any approval given such that the certification shall be provided prior to issuance of any building permits.

(5) Visual appearance and land use compatibility. Tower-based WCFs shall employ stealth technology, which may include the tower portion being painted silver or another color approved by the Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCFs 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 Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district 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 land development design and construction principles, practices and techniques.

(6) Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-fourth-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers, and was denied for one of the following reasons:

(a) 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.

(b) 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.

(c) 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.

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

(7) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a permit from the City. Nonroutine modifications shall be prohibited without a permit.

(8) Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the City's decision on an application for approval of a tower-based WCF.

(9) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the City with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the City, subject to the provisions of this article.

(10) Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts 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).

(11) Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCFs shall comply with the height restrictions applicable to the zone district. The applicant may request a variance to the height restrictions of the zone district, for a maximum height of 150 feet.

(12) Related equipment. Either:

(a) One single-story wireless communications equipment building not exceeding 500 square feet in area, or (b) up to five metal boxes placed on a concrete 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 commercial communications antenna space on the tower-based wireless communications facility.

(13) Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(14) Maintenance. The following maintenance requirements shall apply:

(a) Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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

(15) Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(16) Historic buildings or districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the City.

(17) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be that required by the FCC or any other federal or state agency.

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

(19) Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the 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.

(20) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(21) 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 tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(22) Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the City, the City shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the City shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the City to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

(23) Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

(24) Removal. In the event that use of a tower-based WCF 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 WCFs or portions of WCFs shall be removed as follows:

(a) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site, unless a time extension is approved by the City.

(b) If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and accessory facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF.

(c) Any unused portions of tower-based WCFs, including antennas, shall be removed within 90 days of the time of cessation of operations. City approval must be obtained for all replacements of portions of a tower-based WCF previously removed.

(25) Permit fees. 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 tower-based WCF, as well as related inspection, monitoring, and related costs.

(26) FCC license. Each person that owns or operates a tower-based WCF 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.

(27) Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the City with a certificate of insurance 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 tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

(28) Indemnification. Each person that owns or operates a tower-based WCF 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 tower-based WCF. Each person that owns or operates a tower-based WCF 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 tower-based WCF. 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.

(29) Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.

(30) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the City financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(31) Development regulations.

(a) Tower-based WCFs shall not be located in, or within 100 feet of, an area in which all utilities are primarily located underground.

(b) Tower-based WCFs shall only be located within the I-1 Light Industrial and the I-2 General Industrial Zoning Districts by special exception, subject to the above prohibition.

(c) Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets minimum size requirements, as established in this chapter.

(d) Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, subject to the following conditions:

[1] The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

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

[3] Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to the total height of the tower-based WCF or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Zoning Hearing Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

(32) Design regulations.

(a) The WCF 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 WCF applicant shall be subject to the approval of the City.

(b) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(c) Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

(33) Surrounding environs.

(a) The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

(b) The WCF 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 tower-based WCF, and anchors for guy wires, if used.

(34) Fence/screen.

(a) A security fence with a minimum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

(b) Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

[1] An evergreen screen shall be required to surround the site. The screen can either be a hedge (planted three feet from center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall be grown to a minimum of 15 feet at maturity.

(35) Accessory equipment.

(a) Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

(b) All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(36) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. 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 WCF owner shall present documentation to the City that the property owner has granted an easement for the proposed facility.

(37) Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

(38) Inspection. The City reserves the right to inspect any tower-based WCF to ensure compliance with this chapter 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 WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.