§ 277-7. Tower-based facilities outside rights-of-way., Article II. Wireless Telecommunications Facilities, Chapter 277. Telecommunications Facilities, Part II. General Legislation, Code of Ordinances, Leetsdale

Development regulations:

(1)

Application required. Each applicant proposing the construction of a tower-based WTF outside the public rights-of-way shall complete and submit an application prior to beginning construction of such WTF. Such application shall be treated as an application for a special exception and shall be evaluated by the Borough Zoning Hearing Board.

(2)

Developer's agreement. A developer's agreement, as prepared by the Borough Solicitor, shall be entered into between the Borough and the applicant. The applicant shall be responsible for all associated costs.

(3)

Location. No tower-based WTF shall be located in an area in which utilities are underground, except as permitted by this article.

(a)

The following regulations shall apply to tower-based WTFs greater than 50 feet in height: they shall only be permitted in the Industrial (I) Zoning District.

(b)

WTFs 50 feet or shorter in height shall be permitted along roadways, streets, and other rights-of-way where utilities are aboveground.

(4)

Site requirements. A tower-based WTF may be located in any districts as permitted in the Zoning Regulations, subject to all of the conditions listed in this article.

Editor's Note: See Ch. 300, Zoning.

(5)

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

(6)

Prohibited as a sole use on a lot. A tower-based WTF shall not be permitted as a sole use on a lot subject to the minimum lot area.

(7)

Combined with another use. A tower-based WTF 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 communications facility.

(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 tower-based WTF and guy wires, the equipment building, security fence, and buffer planting if the proposed WTF is greater than 50 feet in height.

(c)

Minimum setbacks. The tower-based WTF and accompanying equipment building shall comply with the requirements for the applicable zoning district. The minimum setback shall be a distance that is at least equal to 1 1/2 times the height of the tower.

Notice. Upon submission of an application for a tower-based WTF, 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 Borough.

Co-location and siting. An application for a new tower-based WTF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WTF cannot be accommodated on an existing or approved structure or building or on Borough property. Any application for approval of a tower-based WTF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Zoning preference. The preferable location for a new tower-based WTF is within the I Zoning District. Any application seeking to place a new-tower based WTF in any other zoning district must demonstrate the reason such a location should be permitted and the demonstrated hardship if the permit were not granted for the proposed site.

Design regulations.

(1)

The WTF 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 WTF applicant shall be subject to the approval of the Borough.

(2)

Any height extensions to an existing tower-based WTF shall require prior approval of the Borough. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

(3)

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

Surrounding environs.

(1)

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

(2)

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

Fence/screen:

(1)

A security fence having a maximum height of eight feet shall completely surround any tower-based WTF greater than 50 feet in height, as well as guy wires, or any building housing WTF equipment.

(2)

A screen of evergreen trees planted eight feet on center, and staggered in two rows, shall be located along the perimeter of the security fence surrounding any tower-based WTF greater than 50 feet in height. Existing vegetation shall be preserved to the maximum extent possible.

Accessory equipment.

(1)

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

(2)

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

Additional antennas. As a condition of approval for all tower-based WTFs, the WTF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WTFs where technically and economically feasible. The owner of a tower-based WTF shall not install any additional antennas without obtaining the prior written approval of the Borough.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WTF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WTF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility. All sites shall have public access either through public rights-of-way or private rights-of-way secured for each site with access by the Borough or its designated professionals.

Parking. For each tower-based WTF greater than 50 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.

Bond. Prior to the issuance of a permit, the owner of a tower-based WTF outside the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Borough Solicitor, in an amount to be established by the Borough Engineer to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this article, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based WTF based upon visual and/or land use impact.

Inspection. The Borough reserves the right to inspect any tower-based WTF to ensure compliance with the provisions of this article and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance. Any cost incurred by the Borough for said inspections should be reimbursable by the applicant. All inspections shall be at the sole discretion of the Borough.