§ 277-9. General requirements for all nontower wireless communications facilities.

A. 

The following regulations shall apply to all nontower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(1) 

Permitted in all zones subject to applicable regulations. Nontower WTFs are permitted in all zones subject to the restrictions and conditions set forth in the Zoning Ordinance and as prescribed below, and subject to the prior written approval of the Borough.

(2) 

Prohibited on certain structures. Nontower WTFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

(3) 

Use and occupancy permit required. Applicants proposing the modification of an existing tower-based WTF shall obtain a use and occupancy permit from the Borough Zoning Office. In order to be considered for such permit, the applicant must submit a permit application to the Borough Zoning Office.

(4) 

Standard of care. Any nontower WTF 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 WTF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

(5) 

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.

(6) 

Wind. Any nontower WTF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronic Industries Association and Telecommunications Industry Association (ANSI/TIA/EIA-222-E Code, as amended).

(7) 

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

(8) 

Aviation safety. Nontower WTFs shall comply with all federal and state laws and regulations concerning aviation safety.

(9) 

Radio frequency emissions. No nontower WTF may, by itself or in conjunction with other WTFs, 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 nontower WTF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. A bond to cover the costs of removal, in a form to be approved by the Borough Solicitor and for an amount to be determined by the Borough Engineer, shall be placed with the Borough. Unused or abandoned WTFs or portions of WTFs shall be removed as follows:

(a) 

All abandoned or unused WTFs 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 Borough.

(b) 

If the WTF 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 Borough, the WTF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against any bond held by the Borough and against the owner of the WTF.

(11) 

Timing of approval. Within 30 calendar days of the date that an application for a nontower WTF is filed with the Borough, the Borough shall notify the 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 Borough 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 Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period.

(12) 

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

(13) 

Insurance. Each person that owns or operates a nontower WTF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WTF.

(14) 

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

B. 

The following regulations shall apply to all nontower wireless communications facilities that substantially change the wireless support structure to which they are attached:

(1) 

Permitted in all zones subject to regulations. Nontower WTFs are permitted in all zones subject to the restrictions and conditions set for the in the Borough's Zoning Ordinance and as prescribed below and subject to the prior written approval of the Borough.

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

(2) 

Prohibited on certain structures. Nontower WTFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(3) 

Permit required. Any applicant proposing the construction of a new nontower WTF, or the modification of an existing nontower WTF, shall first obtain a use and occupancy permit from the Borough Zoning Office. New construction and modifications shall be prohibited without a zoning permit. After receipt of the use and occupancy permit application, the Borough Zoning Officer shall determine whether zoning relief is necessary under the Borough Code.

(4) 

Standard of care. Any nontower WTF 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 WTF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

(5) 

Wind. Any nontower WTF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronic Industries Association and Telecommunications Industry Association (ANSI/TIA/EIA-222-E Code, as amended).

(6) 

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

(7) 

Historic buildings. No nontower WTF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or is located in the Village Preservation Residential District, or has been designated by the Borough to be of historical significance.

(8) 

Aviation safety. Nontower WTFs shall comply with all federal and state laws and regulations concerning aviation safety.

(9) 

Maintenance. The following maintenance requirements shall apply:

(a) 

The nontower WTF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) 

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

(c) 

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

(10) 

Radio frequency emissions. No nontower WTF may, by itself or in conjunction with other WTFs, 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.

(11) 

Removal. In the event that use of a nontower WTF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. A bond to cover the costs of removal, in a form to be approved by the Borough Solicitor and for an amount to be determined by the Borough Engineer, shall be placed with the Borough. Unused or abandoned WTFs or portions of WTFs shall be removed as follows:

(a) 

All abandoned or unused WTFs 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 Borough.

(b) 

If the WTF 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 Borough, the WTF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WTF.

(12) 

Timing of approval. Within 30 calendar days of the date that an application for a nontower WTF is filed with the Borough, the Borough shall notify the 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 Borough 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 Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period.

(13) 

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

(14) 

Bond. Prior to the issuance of a permit, the owner of a nontower WTF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $35,000 to assure the faithful performance of the terms and conditions of this article. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this article, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(15) 

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a nontower WTF, as well as related inspection, monitoring and related costs.