[Ord. No. 294, 9/23/2019]
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); 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 the Pennsylvania Wireless Broadband Collocation Act (WBCA) (Act 191 of 2012), 53 P.S. § 11702.1 et seq., in Mountville Borough (Borough). 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.
[Ord. No. 294, 9/23/2019]
Table 6-1.a
Permitted Zoning Districts
WCF Type
Permitted Zoning Districts
Permitted by Right or Special Exception
A
Tower-based WCF where the tower is 40 feet or less in height located in the ROW
Town Center
Special exception in accordance with Part 8 of this chapter
B
Tower-based WCF where the tower is 40 feet or less in height, located out of the ROW
Commercial and Industrial
By right in accordance with this chapter
Municipal-owned property in all zoning districts
By right in accordance with this chapter
C
Tower-based WCF where the tower is more than 40 feet in height, located out of the ROW
Industrial
By right in accordance with this chapter
Municipal-owned property in all zoning districts
Special exception in accordance with Part 8 of this chapter
D
WCF using stealth technology on existing structures
All zoning districts
Special exception in accordance with Part 8 of this chapter
E
Eligible facilities request
All zoning districts
By right in accordance with this chapter
[Ord. No. 294, 9/23/2019]
Table 6-1
Tower-Based WCFs
WCF Out of ROW
WCF In ROW
Height
Tower-based WCFs shall be designed to minimum functional height; however, shall not exceed 200 feet. Applicants must submit documentation justifying the proposed height.
Tower-based WCFs shall be designed to minimum functional height, not to exceed 40 feet. Applicants must submit documentation justifying the total height.
Lease Area
Only use on lot or property
Area needed to accommodate the WCF and guy wires, accessory equipment, vehicle parking, security fence landscaping and screening, and stormwater management
Not applicable
Combined with another use on lot or property
Setbacks
Towers
Setback from property lines, not lease lines, at least 110% of the combined height of the wireless support structure and antennas, or the applicable minimum building setback in the underlying zoning district, whichever is greater
Not applicable
Equipment buildings/cabinets
Subject to applicable minimum accessory use or structure setback in the underlying zoning district
[Ord. No. 294, 9/23/2019]
1. 
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.
2. 
Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.
3. 
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.
4. 
Co-location. All tower-based WCFs where the tower is more than 40 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 where the tower is more than 40 feet in height, the applicant shall agree to allow other service providers to co-locate antennas on the tower where technically and economically feasible.
5. 
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 and is subject to approval by the municipality.
6. 
Lighting. Towers shall not be artificially lighted beyond what is required by law.
7. 
Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the municipality. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.
8. 
Vehicular Access.
A. 
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.
B. 
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
C. 
Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.
D. 
Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion but shall not exceed required grades for a local road.
E. 
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.
F. 
Any required access easement shall be a minimum of 20 feet in width and the access driveway, if connected to a public street, shall be improved for the first 25 feet to a width of at least 10 feet wide with asphalt. The remainder of the driveway shall consist of a dust-free, all-weather surface, including gravel, to a width of at least 10 feet throughout its entire length.
G. 
Required parking space shall be a minimum of 10 feet wide by 20 feet long.
H. 
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.
I. 
Access to all tower-based WCFs from a Pennsylvania Department of Transportation-owned road shall be authorized by a new or existing highway occupancy permit.
9. 
Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet shall be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 40 feet in height, including guy wires, associated equipment, and buildings.
10. 
Safety in Rights-of-Way.
A. 
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.
B. 
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:
(1) 
The construction, repair, maintenance or installation of any municipal or other public improvement located in the right-of-way.
(2) 
The operations of the Borough or other governmental entity in the right-of-way.
(3) 
Vacation of a street or road or the release of a utility easement.
(4) 
An emergency as determined by the Borough.
(5) 
No permit is required for such removal, relocation, change or alteration ordered by the Borough.
C. 
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.
11. 
Maintenance. An applicant for a WCF shall be responsible for maintenance of the WCF and shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance for all WCFs within and out of the ROW.
12. 
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, shall be submitted 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.
13. 
Aviation Safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
14. 
Inspections for all WCFs where the new tower is more than 40 feet in height.
A. 
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.
15. 
Equipment Storage. The storage of unused equipment or supplies is prohibited on any WCF site.
16. 
All tower-based WCFs that are over 40 feet in height and outside the public ROW shall be equipped with an industry standard anticlimbing measure.
17. 
Reimbursement for ROW Use. In addition to permit fees as described in this section, every WCF located in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.
[Ord. No. 294, 9/23/2019]
1. 
Stealth Technology. In the Town Center and Commercial Zoning Districts, and on all municipal-owned property, all WCFs shall employ the most current stealth technology available to blend the proposed WCF into the surrounding man-made and/or natural environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the man-made and/or natural environment in which they are situated.
2. 
Landscaping and Screening. An applicant for tower-based WCF where the new tower is more than 40 feet in height, located outside of the right-of-way, shall submit a landscaping and screening design including the following:
A. 
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable.
B. 
Ground-mounted equipment shall be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Borough.
C. 
If an evergreen buffer is accepted by the Borough, such buffer material shall be a minimum six feet high at time of planting, and shall be spaced in accordance with standards for the chosen specie.
[Ord. No. 294, 9/23/2019]
1. 
Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this section, 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.
2. 
Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building permit from the Borough. As part of the zoning permit application review, the applicant shall submit a structural analysis report, sealed by a PA registered engineer.
3. 
Any substantial change to an existing tower-based WCF shall require approval of the Borough in accordance with the terms of this section.
4. 
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.
[Ord. No. 294, 9/23/2019]
1. 
Co-location Analysis. An application for a new tower-based WCF where the new tower is more than 40 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 one-half-mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.
2. 
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.
3. 
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.
4. 
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.
5. 
Public Notification.
A. 
Option 1. The telecommunication applicant shall notify by certified mail the record owner of all property in Mountville Borough that falls within 500 feet of the center point of the wireless support structure when a special exception is filed with the Borough. Owner notification is not required for properties not having a Mountville Borough Tax Identification number. The notification would be of the filing of the special exception application and the date, time and place of the hearing. The applicant shall provide proof at the special exception hearing that the required notification was provided.
B. 
Option 2. The telecommunication applicant shall notify by certified mail the record owner of all property in Mountville Borough that falls within 500 feet of the center point of the wireless support structure. Owner notification is not required for properties not having a Mountville Borough Tax Identification number. Proof of record owner notification shall be provided to the Borough at the time of a building and/or zoning permit application, or submission of a special exception application.
6. 
Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
7. 
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.
8. 
Review Time Frames.
Table 6-2
WCF Review Time Frames
Municipality shall notify the applicant in writing of any information that may be required to complete application.
Municipality shall approve or deny the application unless a shorter time period is applicable under the PA MPC.
A
New tower-based WCFs
Within 30 calendar days of the date the application was filed with the municipality
Within 150 days* of submission of a complete application for a WCF
B
WCF on existing structures
Within 30 calendar days of the date the application was filed with the municipality
Within 90 days* of submission of a complete application for a WCF
C
Eligible facilities requests** (as defined)
Within 30 calendar days of the date the application was filed with the municipality
Within 60 days* of submission of a complete application for a WCF
NOTES:
*
The time period may be tolled by mutual agreement or in cases where the municipality 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 municipality 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 municipality shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility.
9. 
Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.
[Ord. No. 294, 9/23/2019]
1. 
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:
A. 
All unused or abandoned WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.
B. 
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 municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
C. 
Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations.