Permitted in All Zones Outside the Historic District, Subject to Regulations. Non-tower WCFs are permitted in all zones, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.
Notice. Upon receipt of an application for any non-tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.
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, applicable state or local building codes and 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 Borough. All WCFs shall be designed by a licensed professional engineer registered in the State of Pennsylvania, and all drawings submitted for approval shall be signed and sealed by the same engineer responsible for the design. All construction shall be supervised by qualified personnel, and a certification shall be prepared and presented to the Borough by a licensed professional engineer registered in the State of Pennsylvania that the design and construction conform to the highest standards of engineering and construction. If, at any time, the Borough concludes that a WCF fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the WCF, the owner shall have 30 days to bring such WCF into compliance with such standards. Failure to bring such WCF into compliance within said 30 days shall constitute grounds for the removal of the WCF or antenna at the owner's expense.
Removal. In the event that use of a non-tower WCF 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. 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 three months of the cessation of operations at the site, unless a time extension is approved by the Borough.
(b) If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
(c) Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF 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 60 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 sixty-day review period.
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 non-tower WCF in accordance with the Master Schedule of Fees.
See
§ 27-6136B for more information on non-tower wireless communications facilities.
See also
§ 27-6137 and
§ 27-6138 for information on non-tower facilities outside the rights-of-way.
406-49.3D
The applicant for a non-tower wireless communications facility shall establish that all franchises or other approvals required by law for the operation of the proposed non-tower wireless communications facility have been obtained and shall file a copy of same, at the time of application, with the Zoning Officer.
