Borough of Mount Oliver, PA Supplemental Regulations

Editor's Note: See Ch. 219, Subdivision and Land Development.

Purpose. The purpose of this chapter is to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);[1] the federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and FCC Declaratory Ruling and Third Report and Order, WT Docket 17-79, WC Docket 17-18, adopted September 26, released September 27, 2018; and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq. in the Borough of Mount Oliver. Moreover, the Borough desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Borough's residents, businesses and emergency service providers. While the Borough recognizes the benefit of wireless communications facilities in providing high quality communications service and enhancement to its residents, businesses and emergency service providers, the Borough also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.

[1]

Editor's Note: See 47 U.S.C. § 251 et seq.

Definitions. The definitions found herein apply only to wireless communications facilities and the regulations found in this section.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment.

ANTENNA

Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

BASE STATION

A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this article or any equipment associated with a tower.

The term includes, but is not limited to, equipment associated with wireless communications services, such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this article, supports or houses equipment that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The term does not include any structure that, at the time the relevant application is filed with the Borough under this section, does not support or house equipment described in Subsections A or B of this definition.

CO-LOCATION

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

DISTRIBUTED ANTENNA SYSTEM (DAS)

A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

Co-location of new transmission equipment;

Removal of transmission equipment; or

Replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station, provided that it is existing at the time the relevant application is filed.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

FT. WORTH ATTACHMENT

A non-free-standing pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

MINIMUM FUNCTIONAL HEIGHT

Minimum height necessary for a WCF to function satisfactorily.

MODIFICATION

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure. The replacement of a pole is not a modification.

MONOPOLE

A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

REPLACEMENT

The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

RIGHT-OF-WAY (ROW)

The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

SITE

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

SMALL WIRELESS FACILITIES

Also referred to herein as "small cells," consistent with 47 CFR 1.1312(e)(2),[2] are facilities that meet each of the following conditions:

The facilities:

Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or

Are mounted on structures no more than 10% taller than other adjacent structures; or

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of antenna in 47 CFR 1.1320(d)], is no more than three cubic feet in volume;

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under part 17 of this chapter;[3]

The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

STEALTH TECHNOLOGY

State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less 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, light poles, utility poles or flagpoles, and eliminating, minimizing or hiding wires, equipment installed on or near monopoles or wireless support structures in connection with antennas placed thereon.

STRUCTURE

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside the current site.

TOWER

Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment, shall not be considered a tower.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCFs)

Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as a microwave backhaul.

WCF ON EXISTING STRUCTURE

Wireless communications facilities located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.

[2]

Editor's Note: So in original.

[3]

Editor's Note: So in original.

Zoning district regulations for wireless communications facilities (WCF). Tower-based WCFs outside the ROW are:

Permitted as a conditional use in the C - General Commercial District.

Permitted on Borough-owned property in nonresidential zoning districts which shall be exempt from zoning with respect to tower-based WCFs, such that no zoning approval need be obtained for such use, but provided that such use shall remain subject to any applicable Uniform Construction Code requirements.

Prohibited in all other districts.

Tower-based WCFs within the right of way are permitted as a use by right, subject to application requirements stated herein, in all districts, provided that the following criteria are all met:

The WCF is a small wireless facility.

The WCF's non-antenna accessory equipment is all underground or pole-mounted.

The applicant demonstrates that location on existing poles or other structures is not feasible or that replacing an existing pole or structure with a new tower better complies with the aesthetic requirements of Subsection 9.

The application meets the criteria at Subsection 11.H.1) through 4).

In a residentially zoned district:

Tower-based WCFs shall not be located between the front facade of a residential dwelling structure and the street the lot fronts on, except for equipment cabinets located underground.

Tower-based WCFs shall be located at, or as close as practicable to, the point where a side lot line intersects the street right-of-way line. The Borough may waive or adjust this requirement where such a side point poses a hazard to motorists, pedestrians or bicyclists, or is undesirable due to visual impact, proximity to a driveway or for other good cause.

Non-tower-based WCFs are permitted by right, subject to application requirements stated herein, in all districts, except that:

No non-tower-based WCF shall be located, in any zoning district, on a single-family attached dwelling, single-family detached dwelling, townhouse or structure accessory to any of the above; and

No ground-mounted equipment shall be located on a lot in a residentially zoned district unless the equipment is screened by landscaping and plantings or other decorative features so as to be substantially screened from the street or from any abutting property.

Eligible facilities requests that do not substantially change the tower or base station are permitted by right in all zoning districts.

Bulk and area requirements. The following requirements shall apply to tower-based WCFs and shall supersede any conflicting or inconsistent similar requirements of the underlying zoning district.

Table 6 - Tower-Based WCF Bulk and Area Requirements
TOWER-BASED WCF
		WCF out of ROW	WCF in ROW
Height		Tower-based WCFs shall be designed to minimum functional height, but not to exceed 200 feet Applicants must submit documentation justifying the total height Equipment buildings, cabinets and accessory structures shall not exceed 15 feet in height	Tower-based WCFs shall be designed to minimum functional height, not to exceed 50 feet; applicants must submit documentation justifying the total height
Lot size	Only use on lot	Subject to underlying zoning district	Not applicable
Lot size	Combined with another use on lot	Subject to underlying zoning district; area needed to accommodate the WCF and guy wires (if approved), equipment building or cabinets, security fence, and buffer planting must not extend outside the lot	Not applicable
Setbacks	Towers:	Setback from property lines at least 100% of the combined height of the wireless support structure and antenna, or the applicable minimum building setback in the underlying zoning district, whichever is greater	Not applicable
Setbacks	Equipment buildings/cabinets:	Subject to applicable minimum building setback in the underlying zoning district	Not applicable
Location	Towers, equipment buildings/cabinets	Shall not be located between front facade of the principal structure and the street the lot fronts on, except for equipment cabinets located underground	Not applicable

Bulk and area requirements. The following requirements shall apply to non-tower-based WCFs and shall supersede any conflicting or inconsistent similar requirements of the underlying zoning district.

Table 7 - Non-Tower-Based WCF Bulk and Area Requirements
Non-Tower-Based WCF
		WCF out of ROW	WCF in ROW
Height	On building or similar structure:	WCF shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a variance.	Not applicable
Height	On electrical transmission towers, streetlights, utility poles, traffic signals, signs and similar structures:	WCF shall not exceed a height of 5 feet above the supporting structure.	WCF located above the surface grade shall be designed at the minimum functional height and shall not exceed a height of 5 feet above the supporting structure; pole-mounted equipment and components shall not be placed so low as to be a hazard to motorists or pedestrians
Setbacks	Mounted antenna:	Not applicable	Not applicable
Setbacks	Equipment buildings/cabinets:	WCF Equipment buildings/cabinets shall comply with the applicable minimum building setback requirements in the underlying zoning district.	Not applicable
Lot size	Subject to applicable minimum lot size in the underlying zoning district		Not applicable

Design, construction and operations.

All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes.

Subdivision plan approval is not required for WCF installation.

All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

Co-location. All tower-based WCFs where the tower is more than 50 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs more than 50 feet in height, the applicant shall agree to allow other service providers to co-locate antennas on the tower where technically and economically feasible.

Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising, shall not protrude from the tower or WCF, and is subject to approval by the Borough. For tower-based WCFs outside of the right-of-way, the sign shall not exceed two square feet in area. For all other WCFs, the sign shall be limited to the maximum necessary size to provide the required information in a readable manner.

Lighting. Towers shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect to surrounding properties as is permissible while still meeting state or federal requirements.

Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by § 12.14.3 of this chapter.[4] The use of a backup generator is prohibited, except that, in emergency situations and for periodic maintenance and testing by the wireless communications provider's technicians, such use shall be permitted, where such noise standards may be exceeded on a temporary basis.

[4]

Editor's Note: So in original.

Vehicular access.

An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way.

Maximum use of existing roads, whether public or private, shall be made to the extent practicable.

Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.

Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

An applicant shall present documentation to the Borough that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.

Any required access easement shall be a minimum of 20 feet in width and the access driveway shall be improved with a dust-free, all-weather surface, including gravel, to a width of at least 10 feet throughout its entire length.

Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.

Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet may be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 50 feet in height, including guy wires, associated equipment, and buildings.

Safety in rights-of-way.

Schedule of operations. The Borough shall determine the time, place and manner of siting, design, construction, maintenance, repair, Modification, removal and/or replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[5]

[5]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Alteration of a WCF. Within 60 days following written notice from the Borough, or such longer period as the municipality determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:

The construction, repair, maintenance or installation of any municipal or other public improvement located in the right-of-way.

The operations of the Borough or other governmental entity in the right-of-way.

Vacation of a street or road or the release of a utility easement.

An emergency as determined by the Borough.

No permit is required for such removal, relocation, change or alteration ordered by the Borough.

Visual obstruction. All WCFs and accessory 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 right-of-way as determined by the Borough. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.

Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.

Soil report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, to the Borough Engineer prior to construction, to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.

Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.

Inspections for all WCFs more than 50 feet in height.

A copy of any required inspection report shall be provided to the Borough following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Borough. Repairs that are deemed to be emergency repairs by the Borough must be completed as soon as possible.

Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.

Historic sites. No WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or has been given a historic designation by the Borough. This prohibition may be waived by the Zoning Hearing Board for special exception and by the Board of Commissioners for other applications, if the applicant can demonstrate that the proposed location is less visually obtrusive than other potential sites. This prohibition shall not apply to a WCF installation permitted by FCC regulations.

Aesthetics, landscaping, and screening.

Stealth technology. All WCFs shall employ the most current stealth technology available, where appropriate and technically feasible, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Ground-mounted equipment, buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable, with landscaping or other screening provided as appropriate to the surrounding neighborhood. For all WCFs, the antennas shall match the pole in color to the extent technically feasible and where painting will not interfere with the signal transmission. In the case of a tower-based WCF, compliance with this section may be evidenced by the following, where technically feasible:

The tower shall have such color as may be commercially and technically feasible to achieve and as may be required by the Borough Zoning Officer to avoid unsightly or out-of-character deployments.

The tower shall comply with Federal Aviation Administration and Pennsylvania Bureau of Aviation lighting standards and shall not be artificially lighted unless required by those agencies.

For new metal poles supporting a small cell antenna, the pole color and design shall match as nearly as practical those existing surrounding poles or shall, where commercially and technically feasible, be such color as required by the Borough Zoning Officer to avoid unsightly or out-of-character deployments.

Landscaping and screening. An applicant for tower-based WCF outside of the right-of-way more than 50 feet in height shall submit a landscaping and screening design, including the following:

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

Ground-mounted equipment must be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Borough. Where the site abuts a residential zoning district, public property or street, a buffer area shall be provided along the perimeter abutting the residential district to include at minimum two staggered rows of evergreen trees a minimum of six feet in height, which trees shall be replaced with trees of at least six feet in height when dead or damaged.

Associated equipment.

All equipment associated with a WCF located aboveground must be enclosed and all wires and cables must be housed in shrouds, risers or conduits. To the extent commercially and technically feasible, all equipment shall be of the same color and the color shall match as closely as possible the color of the pole or upright structure to which it is mounted, and to avoid unsightly and out-of-character developments.

The maximum width and depth of any piece of associated equipment may not exceed 1 1/2 times the diameter of the pole on which it is to be located, unless the applicant proves that no reasonable alternative exists.

Antennas must be screened with a radome or similar concealment technique that covers the entire antenna, cables, connectors and hardware, where such screening will not interfere with transmission/reception capabilities of the antenna.

Pole-mounted equipment other than cabling must be located at least eight feet above the ground.

10.

Replacement, co-location, or modification.

Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this subsection, an application for replacement, co-location or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Borough building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.

Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Borough.

Any substantial change to an existing tower-based WCF shall require approval of the Borough in accordance with the terms of this section.

Mounting. An applicant proposing a WCF-on-existing-structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF-on-existing-structure will be mounted on the existing structure for review by the Borough building Code Official for compliance with the Building Code.

11.

Permit requirements.

Co-location analysis. An application for a new tower-based WCF more than 50 feet in height and located outside of the right-of-way, shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be co-located on an existing structure or building within a 1/2 mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.

Gap in coverage or lack of adequate capacity. An applicant for a tower-based WCF where the new tower that is more than 40 feet in height, located outside of the right-of-way, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area.

Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.

Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.

Emissions. The proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.

Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.

Review time frames. The table below provides the time frames that shall be adhered to for the installation of a WCF.

WCF Review Time Frames
	Type of Application	Borough shall notify the applicant, in writing, of any information that may be required to complete the application:	Borough shall approve or deny the application, unless a shorter time period is applicable under the PA MPC[6]
A	Co-locate small cell on existing structure	Within 10 days after application is submitted	Within 60 days of submission of complete application
B	Co-locate a facility other than a small cell using an existing structure	Within 30 days after application is submitted	Within 90 days of submission of complete application
C	Deploy small cell using a new structure	Within 30 days after application is submitted	Within 90 days of submission of complete application
D	Eligible facilities requests** (as defined herein)	Within 30 days after application is submitted	Within 60 days* of submission of complete application
E	New tower-based WCF (not covered by A through D above)	Within 30 days after application is submitted	Within 150 days of submission of a complete application

The time period may be tolled by mutual agreement or in cases where the Borough informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Borough provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed.

The Borough shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility.

[6]

Editor's Note: See 53 P.S. § 10101 et seq.

Applications.

Applications will include all applicant information required by the Borough, in such number and format as the Borough may direct.

A fully dimensional site plan, plans and elevations drawn to scale shall be submitted, showing.

Any existing wireless communications facilities, equipment or supporting structures known to applicant.

The proposed WCF and dimensions of all equipment to be used therewith.

The legal boundaries of the property and any leased area on which the WCF will be sited.

Visual impact demonstrations using photographic simulations of the proposed WCF as seen from reasonable surrounding locations and angles, and showing the color of all equipment.

A written description of all stealth technology to be employed, and landscaping or screening plans.

Application fees.

Applications for WCFs shall be accompanied by the nonrefundable application fees may be adopted by resolution of the Borough Council from time to time.

In addition to the nonrefundable fees established by the Borough Council, a non-small-cell applicant shall reimburse the Borough for all reasonable costs of its Engineer, Solicitor and other experts or consultants in connection with review of the application. An initial deposit towards such review fees of $1,000 for a new, non-small-cell tower outside or inside the ROW shall accompany the application and be applied to reimbursable review fees as they are incurred. If at any time the remaining deposit balance is below 50% of the initial deposit, then applicant shall replenish the account up to the original amount. If the amount deposited exceeds the Borough's actual review costs, the remaining balance shall be refunded to the applicant.

In addition to the application fees, the applicant shall pay any generally applicable fees pertaining to applications for special exceptions, conditional uses, variances or any other type of zoning application.

12.

Discontinuation, abandonment and removal.

Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator 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:

All unused or abandoned WCFs and accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Borough. In the case of towers, the foundation must also be removed.

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the Borough's costs in connection with removal, including professional or consultant fees, and the cost of removal work and site remediation, may be assessed against the owner of the WCF or the property upon which the WCF was located.

Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations.

As long as any portion of a WCF, whether used or unused, remains in the ROW, including but not limited to a tower foundation, the annual fee for use of the ROW established, pursuant to Subsection 13, shall be owed for any year or part of a year during which the ROW is so occupied by the WCF or portion thereof.

13.

Reimbursement for right-of-way use. In addition to permit application fees, every WCF in the right-of-way is subject to the Borough's right to impose annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such annual fee shall be directly related to the Borough's costs of owning, maintaining, managing the right-of-way and to the loss of use to the Borough of that portion of the right-of-way consumed by the WCF. Fees for use of the right-of-way shall be established by the Borough Council by resolution from time to time.