The purposes of this article include a desire 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 (Act 191 of 2012), 53 P.S. § 11702.1
et seq., in the 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.
The definitions found herein apply only to wireless communications
facilities and the regulations found in this article.
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.
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 citizens band
radio antennas.
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., WiFi) 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 described in Subsections A and B of this section 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 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.
A small network of antennas that are connected to a common
source, that provides coverage in a building or a small geographic
area.
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 i) co-location of new transmission
equipment; ii) removal of transmission equipment; or iii) replacement
of transmission equipment.
Any tower or base station, provided that it is existing at
the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
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 height necessary for a WCF to function satisfactorily.
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.
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.
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.
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.
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.
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 flag poles.
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.
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., WiFi)
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.
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.
Equipment that facilitates transmission for any Federal Communications
Commission licensed or authorized wireless communications service,
including, but not limited to, 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.
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.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the 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.
Wireless Communications Facilities shall be permitted only where
indicated in the Use Table.[1]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
A.
Beyond the right-of-way:
(1)
Height. Tower-based WCFs shall be designed to minimum functional
height, subject to Borough review and acceptance of applicant documentation
justifying the total height, not to exceed 40 feet in residential
zoning districts and 60 feet in nonresidential zoning districts.
(3)
Lot size, combined with another use on the lot:
(a)
The area needed to accommodate the WCF and guy wires, accessory
equipment, and any required security appurtenances and buffer.
(4)
Setbacks. Towers shall be set back from property 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. Equipment buildings/cabinets
shall be comply with the applicable minimum accessory use or structure
setback in the underlying zoning district.
A.
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.
B.
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.
C.
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.
D.
Collocation. 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 collocate antennas on the
tower where technically and economically feasible.
E.
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.
F.
Lighting. Towers shall not be artificially lighted beyond what is
required by law.
G.
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.
H.
Vehicular access.
(1)
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.
(2)
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(3)
Where possible, access driveway construction shall at all times
minimize ground disturbance and the cutting of vegetation.
(4)
Access driveway grades shall closely follow natural contours
to assure minimal visual disturbance and minimize soil erosion.
(5)
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.
(6)
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.
(7)
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.
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
40 feet in height, including guy wires, associated equipment, and
buildings. The requirement for a security fence may be waived by the
Borough when the fence would not be appropriate or feasible.
J.
Safety in rights-of-way.
(1)
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.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(2)
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:
(a)
The construction, repair, maintenance or installation of any
municipal or other public improvement located in the right-of-way.
(b)
The operations of the Borough or other governmental entity in
the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Borough.
(e)
No permit is required for such removal, relocation, change or
alteration ordered by the Borough.
(3)
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.
K.
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.
L.
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.
M.
Aviation safety. All WCFs shall comply with federal and state laws
and regulations concerning aviation safety.
N.
Inspections for all WCFs where the new tower is more than 40 feet
in height.
(1)
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.
O.
Equipment storage. The storage of unused equipment or supplies is
prohibited on any WCF site.
A.
Stealth technology. All WCFs shall employ the most current stealth
technology available, where appropriate, in an effort to appropriately
blend the proposed WCF into the surrounding environment and minimize
aesthetic impact. Equipment buildings and cabinets shall be designed
to blend into the environment in which they are situated, to the extent
practicable.
B.
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:
(1)
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.
(2)
Ground-mounted equipment may be screened from public view using
an evergreen screen, artificial screen, or fencing, as directed by
Borough.
A.
Notwithstanding the requirements for all tower-based WCFs and WCFs
on existing structures, as set forth in this subsection, an application
for replacement, collocation 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.
B.
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.
C.
Any substantial change to an existing tower-based WCF shall require
approval of the Borough in accordance with the terms of this section.
D.
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.
A.
Collocation 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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Review timeframes. As provided in FCC administrative rulings FCC
09-99, WT Docket 08-165, adopted and released 11-18-2009, and FCC
14-153, adopted 10-17-2014, subject to adjustment by any subsequent
FCC amendment.
H.
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.
A.
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:
(1)
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.
(2)
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.
(3)
Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations.
