[Adopted 8-15-2023 by Ord. No. 1171]
As used in this article, the following terms shall have the meanings indicated.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, and cabinets.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
APPLICANT
Any person that applies for a small wireless communication facility building permit, zoning approval and/or permission to use the public rights-of-way (ROW) or other Borough-owned land or property.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
CODE
The Code of Ordinances of the Borough of West Reading, Pennsylvania, as amended.
EMERGENCY
A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
FCC
Federal Communications Commission.
MICRO WIRELESS FACILITY
A small wireless communications facility that: 1) does not exceed two cubic feet in volume; and 2) has an exterior antenna no longer than 11 inches.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications 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.
PERSON
Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough, or to any department or agency of the Borough.
REPLACEMENT
The replacement of existing wireless communications 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 communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
RIGHTS-OF-WAY
The surface and the area across, in, over, along, under and upon the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other rights-of-way, as the same now or may thereafter exist, which are under the jurisdiction or control of the Borough.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
The equipment and network components, including antennas, transmitters, and receivers, used by a wireless provider that meet the following qualifications:
A. 
Each antenna associated with the deployment is no more than three cubic feet in volume; and
B. 
The volume of all other equipment associated with the wireless communications facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless communications facility shall not be included in the calculation of equipment volume.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally 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, and light poles.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed placement for a small wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless communications facility.
UTILITY POLE
A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
WIRELESS SUPPORT 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 wireless service (whether on its own or commingled with other types of services).
A. 
The purpose of this Article X and the standards established herein is to govern the use, construction, and location of wireless communications facilities inside the rights-of-way, in recognition of the nature of wireless communications systems and the Federal Telecommunications Act. These regulations are intended to:
(1) 
Accommodate the need for wireless communications facilities so as to ensure the provision for necessary services while preserving the character of the Borough;
(2) 
Minimize the adverse visual effects and the number of such facilities in the rights-of-way through proper design, locating, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their wireless communications facilities on existing structures;
(3) 
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;
(4) 
Ensure the structural integrity of wireless communications facilities through compliance with applicable industry standards and regulations; and
(5) 
Promote the health, safety and welfare of the residents and property owners within the Borough of West Reading.
A. 
Preexisting wireless communications facilities. Wireless communications facilities for which a permit has been issued prior to the effective date of this Article X shall not be required to meet the requirements of this article, except that any repairs or modifications to preexisting WCFs must be made in accordance with the requirements established herein.
B. 
Applications not required. The Borough shall not require an application for:
(1) 
Routine maintenance or repair work for small WCFs;
(2) 
The replacement of a small WCF with a small WCF is substantially similar or the same size or smaller and still qualifies as a small WCF; or
(3) 
The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing wireless support structures by or for an applicant that is authorized to occupy the rights-of-way, in compliance with the National Electrical Safety Code.
C. 
Relationship to other chapters. This article shall supersede all conflicting requirements of other chapters of the Code of Ordinances of the Borough of West Reading regarding the locating and permitting of wireless communications facilities. To the extent that there is no conflict with this article, applicants shall comply with all applicable requirements of the Code.
A. 
Small WCFs. Small WCFs shall be permitted by right in the right-of-way in all zoning districts, subject to the applicable requirements of this article, Borough permitting requirements, and the Borough Small Wireless Communications Facility Design Manual. No other WCFs shall be permitted in the right-of-way.
B. 
ROW use permit required. Every provider who constructs, installs, or maintains a small WCF in the ROW must obtain a permit for each such WCF by making application to the Borough Zoning Officer for each location and paying a fee therefor as prescribed in the Borough fee schedule. A single application may request permits for multiple sites.
C. 
Location. Small WCFs inside the public rights-of-way are a permitted use in all Borough zoning districts, subject to the requirements of this Article X and generally applicable permitting as required by the Borough Code.
D. 
Application requirements.
(1) 
Applications for small WCFs shall be submitted to the Borough Zoning Officer.
(2) 
An application for a small WCF shall include the following:
(a) 
The name of the primary contact person, firm name, primary address, email address and phone number of the applicant;
(b) 
The location of the proposed small WCF, including latitudinal/longitudinal coordinates and the nearest street address or cross street;
(c) 
Documentation demonstrating compliance with all applicable requirements of this Article X, including construction and engineering drawings;
(d) 
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF;
(e) 
Self-certification that the filing and approval of the application is required by the applicant to provide additional capacity or coverage for wireless services;
(f) 
Documentation demonstrating compliance with the requirements of the Borough Small Wireless Communications Facility Design Manual;
(g) 
Evidence of appropriate co-location efforts in accordance with Subsection I of this section;
(h) 
Documentation showing that the small WCF does not materially interfere with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement;
(i) 
A report prepared by a qualified engineering expert which shows that the small WCF will comply with all applicable FCC regulations, including but not limited to those relating radiofrequency emissions;
(j) 
If the small WCF or any accessory equipment will be located on a structure owned by a person other than the applicant, the applicant shall provide evidence that the owner of such structure has granted permission for the construction of the small WCF;
(k) 
Documentation showing all supporting improvements, including but not limited to related fiber, power supplies and electric wiring, accessory equipment and necessary street cuts;
(l) 
A certificate of insurance as required by this Article X.
(m) 
A certification of the application's compliance with all requirements of this Article X; and
(n) 
All application fees required by the Borough fee schedule.
E. 
Interference. Small WCFs shall not interfere with public safety communications or the reception of broadband, television, radio, or other communication services by occupants of nearby properties.
F. 
FCC license. All applications shall include a copy of the provider's current Federal Communications Commission license. The provider shall maintain with the Borough the current name, address and emergency telephone number of the owner or operator of the support or structure on which the WCF is mounted.
G. 
Notice. Within 10 business days of submission of an application, the applicant shall mail notice thereof to the owner or owners, if their residence is known, of every property within 150 feet of the proposed small WCF. The applicant shall provide documentation to the Borough that such notice has been provided.
H. 
Eligible facilities requests. Applicants proposing an eligible facilities request pursuant to 47 U.S.C. § 1455 shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
I. 
Co-location efforts. An application for a small WCF requiring the installation of a new wireless support structure shall demonstrate that the proposed small WCF cannot be accommodated on an existing building, structure, or tower. The Borough may deny an application to construct a new wireless support structure if the applicant has not demonstrated that it has made a good faith effort to mount the small WCF on an existing building, structure, or tower. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install the proposed WCF on those structures, buildings, and towers and was denied for one of the following reasons:
(1) 
The proposed small WCF would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(2) 
The proposed small WCF would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
(3) 
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed small WCF or to allow it to perform its intended function.
(4) 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
J. 
Engineer seal and signature. All plans and drawings for a small WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
K. 
Standard of care. All small WCFs 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, National Electrical Code, or to the industry standard applicable to the structure. Any small WCFs 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 damage any property in the Borough.
L. 
Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure.
M. 
Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notification by the Borough.
N. 
Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.
O. 
Design requirements. All small WCFs shall comply with the applicable requirements of the Borough's Small Wireless Communications Facility Design Manual, as amended, a copy of which shall be kept on file at the Borough Zoning Office.
P. 
Consolidated application.
(1) 
An applicant may submit a consolidated application for co-location of multiple small WCFs. The consolidated application shall not exceed 20 small WCFs.
(2) 
An applicant may not submit more than one consolidated application in a single thirty-day period.
Q. 
Completion of work. All construction work relating to the small WCF for which a permit is granted under this Article X shall be completed within one year of the date of issuance of the permit.
R. 
Repair and restoration.
(1) 
The applicant shall repair all damage to the ROW or any other land so disturbed, directly caused by the activities of the applicant or the applicant's contractors and return the ROW to as good of condition as it existed prior to any work being done in the ROW by the applicant or the applicant's contractors, as determined by the Borough and subject to all applicable restoration requirements of the Borough Code.
(2) 
If the applicant fails to make the repairs required by the Borough within 30 days after written notice, the Borough may perform those repairs and charge the applicant the reasonable, documented cost of the repairs plus applicable penalties in accordance with § 396-50.
(3) 
The Borough may suspend the ability of the applicant to receive new permits until the applicant has paid the amount assessed for the repair costs and the assessed penalty.
S. 
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
A. 
Fees.
(1) 
The applicant shall pay an initial application fee, as established by the Borough Fee Schedule, as part of any complete application for a small WCF.
(2) 
The applicant must pay an annual ROW use fee as set forth in the Borough Fee Schedule for any small WCF installed in the ROW.
(3) 
Borough Council may amend the amount of such fees from time to time in its sole discretion.
B. 
Timing and place of payment. Unless otherwise agreed to in writing, all application fees shall be paid with the submission of an application for a small WCF. The initial annual ROW use fee shall be paid at the time of application, and subsequent annual ROW use fees shall be paid on or before January 1 of each calendar year. Payments shall be delivered to the attention of the Borough Zoning Officer.
C. 
Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of Borough property as a result of an applicant's use or occupation of the ROW or of Borough-owned or leased property, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority. No payment shall constitute a payment in lieu of any tax, fee or other assessment, except as specifically provided in this article or as required by applicable law.
D. 
Interest on late payments. In the event that any fee is not actually received by the Borough on or before the applicable date fixed in the use agreement, interest thereon shall accrue from such date until received at 5% per annum.
A. 
Accident prevention. The owner of a small WCF shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
B. 
Maintenance standards. The owner of a small WCF shall install and maintain the small WCF, wires, cables, fixtures and other equipment, and shall perform all work in substantial compliance with the requirements of the National Electric Code, the industry standard applicable to the structure, and all federal, state and local regulations and building codes, including those relating to trenching and sidewalk cuts, and in such manner that will not interfere with the use of other property.
C. 
Required condition. Small WCFs 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 menace or endanger the life or property of any person.
D. 
Noise. Small WCFs shall be operated and maintained so as not to produce noise in excess of the applicable noise standards under state law or the Borough Code, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis.
E. 
Discontinuance. In the event that the use of a small 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. If such small WCF is not removed and the WCF site restored to as good a condition as existed prior to construction of the small WCF, within 90 days of such notice, the Borough may remove it at the owner's expense.
F. 
Inspections. The Borough and/or its agents shall have authority to inspect any WCF in the rights-of-way for all legal purposes, including, but not limited to, the purpose of determining whether the wireless communications facility complies with this Article X and all other construction standards provided by the Borough's Code and federal and state law.
G. 
Insurance. Each person that owns or operates a small WCF shall provide the Borough Zoning Officer 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 small WCF.
H. 
Indemnification. The owner or operator of a small WCF 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 small WCF. The owner or operator of a small WCF 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 small WCF. 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.
A. 
Eligible facilities requests.
(1) 
Within 30 calendar days of receipt of an application for an eligible facilities request pursuant to 47 U.S.C. § 1455, the Borough Zoning Officer shall notify the applicant in writing of any information that may be required to complete such application.
(2) 
Within 60 calendar days of receipt of an application, and subject to applicable tolling procedures, for an eligible facilities request pursuant to 47 U.S.C. § 1455, the Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.
B. 
Small wireless communications facilities.
(1) 
Within 10 business days of the date that an application for a small WCF is filed with the Borough Zoning Officer, unless extended by the applicant and subject to applicable tolling procedures, the Borough Zoning Officer shall notify the applicant in writing of any information that may be required to complete such application.
(2) 
Within 60 calendar days of receipt of an application for co-location of a small WCF on a preexisting utility pole, unless extended by the applicant and subject to applicable tolling procedures, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(3) 
Within 90 calendar days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, unless extended by the applicant and subject to applicable tolling procedures, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(4) 
If the Borough denies an application for a small WCF, the Borough Zoning Officer shall provide the applicant with written documentation of the basis for denial, including the specific provisions of the Borough Code on which the denial was based, within five business days of the denial.
(5) 
The applicant may cure the deficiencies identified by the Borough Zoning Officer and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough Zoning Officer shall approve or deny the revised application within 30 days of the application being resubmitted for review.
C. 
The Borough reserves the right to deny any application on its merits and where any one of the following conditions exist:
(1) 
The applicant is not licensed by the Federal Communications Commission as a provider or is not authorized to conduct business in the Commonwealth of Pennsylvania; or
(2) 
The applicant has failed within the past three years to comply or is presently not in full compliance with the requirements of this article; or
(3) 
The applicant is in default of its obligation to pay to the Borough any fees imposed by this article or any other lawfully imposed fees.
A. 
Penalties. Any person who shall erect, construct, reconstruct, alter, repair, convert, attach, or maintain any small WCF in violation of any of the terms of this article shall be deemed to have violated the provisions hereof and shall be subject to a fine of up to $500 per day during the period such violation shall exist, collected as like fines or penalties are by law collected.
B. 
Prevention. If any small WCF is erected, constructed, reconstructed, altered, repaired, converted, attached or maintained in violation of this article or of any regulations made pursuant hereto, the proper officer of the Borough, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, attachment or use, to restrain, correct or abate such violation, to prevent the use of such WCF and/or to prevent any illegal act, conduct, business or use in or about such WCF.