Article XXV Wireless Communications Facilities

The purpose of this article is:

To accommodate the need for cellular communications antennas while regulating their location and number in the Borough.

To minimize adverse visual effects of cellular communications antennas and support structures through proper design, siting and vegetative screening.

To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper siting of antenna support structures.

To encourage the joint use of existing and any new antenna support structures to reduce the number of such structures needed in the future.

At the discretion of the West Reading Borough Council, municipal uses for the purposes of police protection, fire protection, ambulance service and road maintenance shall be exempt from these regulations.

§ 455-148 Use regulations.

This section addresses the various types of wireless communication facilities (WCFs) permitted in the Borough either as a use by right or by conditional use in all or selected zoning districts. The following table presents an overview of the various WCF uses and where they are permitted.

WCF Uses Permitted By Zoning District
WCF Use Type	Permitted By	Zoning District(s) Permitted
Towers on municipal property § 455-148B(1)	By right	All districts
New antenna/existing structure¹ § 455-148B(2)	By right	All nonresidential districts (C, I, CB, GB & LI)
Antenna/equipment replacements § 455-148B(3)	By right	All districts
New antenna co-location on existing tower² § 455-148B(4)	By right	All districts
Relocation of existing tower § 455-148C(1)	Conditional use	All districts
New antenna/existing structure³ § 455-148C(2)	Conditional use	All nonresidential districts (C, I, CB, GB & LI)
New communication tower outside of public ROW § 455-148C(3)	Conditional use	Industrial District (LI)
New communication tower inside of public ROW § 455-148C(4)	Conditional use	Designated districts (I, CB, GB and LI)
New non-tower WCF inside public ROW § 455-148C(5)	Conditional use	All districts — inside public street ROWs

NOTES:
¹	Height increase of existing structure by 20 feet or less.
²	Compliant with "no substantial change" standards.
³	Height increase of existing structure in excess of 20 feet.

Permitted uses. The following wireless communication facilities are permitted as a use by right in all or selected zoning districts, subject to the specific requirements set forth below:

(1)

Towers on municipal property. Antennas and/or towers (tower-based or non-tower based WCFs), as regulated and defined by this chapter, are permitted by right on land owned or controlled by the Borough of West Reading without the need for a conditional use approval, provided a license and/or lease authorizing such antenna and/or tower has been approved by Borough of West Reading.

(2)

New antenna/existing structure. A new cell site antenna (non-tower WCF) may be located on an existing smoke stack, water tower, farm silo or other tall structure in all nonresidential zoning districts, provided:

(a)

Submission of a zoning permit for the cell site antenna.

(b)

Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind load of the proposed antenna location.

(c)

That the height of the antenna shall not exceed the height of the existing structure by more than 20 feet above the permitted height of the applicable zoning district.

(d)

Building-mounted communications antennas shall not be located on any single-family dwelling.

(e)

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

(f)

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

(g)

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

(h)

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer for compliance to applicable building codes.

(i)

No non-tower WFC shall be located upon a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance.

(j)

The antenna complies with all applicable FCC and FAA regulations.

(k)

The antenna complies with all applicable building codes.

(3)

Antenna/equipment replacements. Replacements of existing antennas or existing equipment such as electrical cabinets are permitted to be replaced in all zoning districts subject to:

(a)

Submission of a zoning permit for the antenna/equipment replacement.

(b)

Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load.

(c)

Submission of a plan set and other information as appropriate to show the proposed replacement work.

(d)

The replacement antenna array(s) comply with all applicable FCC and FAA regulations.

(e)

The replacement array(s) comply with all applicable building codes.

(4)

New antenna co-location. Location of a new antenna array on an existing cell tower is encouraged over the construction of a new tower location. Co-location of new antennas on existing towers is permitted in all zoning districts subject to:

(a)

Submission of a zoning permit for the antenna co-location.

(b)

Submission of a plan set and other information as appropriate to show the proposed co-location work.

(c)

Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load of the new antenna array.

(d)

The proposed antenna co-location will be reviewed to determine if it is considered as a "substantial change" or one which "does not substantially change" the wireless support structure (see § 455-33, definition of "substantial change").

(e)

Timing of the zoning application for a new co-location antenna will be approved within the time frames set forth under § 455-150. Should a zoning variance be required due to a height conflict, the prescribed review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.

(f)

The new co-location antenna array complies with all applicable FCC and FAA regulations.

(g)

The new co-location antenna array complies with all applicable building codes.

Uses permitted by conditional use. The following wireless communication facilities are permitted subject to conditional use approval from the West Reading Borough Council in all or specific zoning districts subject to the specific requirements set forth below in additional to those presented in § 455-149 below.

(1)

Relocation of an existing tower.

(a)

A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on its site within 50 feet of its existing location as long as all other applicable requirements have been met.

(b)

After the tower is rebuilt to accommodate co-location, only one tower may remain on-site.

(c)

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to these regulations. The relocation of a tower hereunder shall in no way be deemed to cause a violation of these regulations.

(d)

The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned land shall only be permitted with additional approvals.

(2)

New antenna/existing structure. A new cell site antenna (non-tower WCF) to be located on an existing smoke stack, water tower, farm silo or other tall structure where the height of the new antenna will exceed the height of the existing structure in excess of 20 feet shall require conditional use approval, provided:

(a)

Submission of a zoning permit for the cell site antenna.

(b)

(c)

Building-mounted communications antennas shall not be located on any single-family dwelling.

(d)

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

(e)

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

(f)

(g)

(h)

Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind.

(i)

The antenna complies with all applicable FCC and FAA regulations.

(j)

The antenna complies with all applicable building codes.

(3)

New communication tower outside public rights-of-way. New communication towers (tower-based WCFs) outside of public rights-of-way are permitted in the Industrial District (LI) subject to conditional use approval. Consideration for approval would be subject to compliance with the criteria listed below as well as those of § 455-149 of this chapter:

(a)

A licensed professional engineer shall certify that the tower can structurally accommodate the number of shared users being proposed by the applicant and that the tower meets the setback requirements and separation distances.

(b)

Height of tower. The maximum height to the top of the tower or antenna, whichever is taller, shall be 150 feet.

(c)

Lot requirements. A new tower may be permitted as the sole use on a lot, or in combination with an existing use, except residential, subject to the following conditions:

[1]

The existing use on the property may be any permitted use in the applicable zoning district, and need not be affiliated with the WCF.

[2]

The minimum lot size shall comply with the applicable district and shall be the area needed to accommodate the tower-based WCF, its guy wires, the equipment building, security fence, and buffer plantings in addition to the existing use.

(d)

The tower location shall comply with the minimum setback requirements from the tower to any adjoining property line or street right-of-way. Setbacks less than those specified herein are subject to approval from the West Reading Borough Council based upon demonstration by the applicant that in the event of failure, the WCF structure is designed to collapse upon itself within a setback area less that the required minimum setback without endangering such adjoining uses and their occupants.

(e)

The WCF shall employ the most current stealth technology in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to approval of the Borough.

(f)

Landscape screening shall be required for a new tower-based WCF outside of the public right-of-way. An evergreen screen shall be required to surround the site. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

(g)

Off-street parking. If the new tower-based WCF outside of the public right-of-way is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people in the largest shift, but in any event, may not be less than two off-street parking spaces.

(h)

All other uses associated with a new tower-based WCF outside of the public right-of-way, such as a business office, transmission studio, maintenance depot, or vehicle storage facility, shall not be located on the site unless the use is otherwise permitted in the zoning district in which the site is located.

(i)

In order to reduce the number of communication towers needed in the Borough in the future, any proposed support structure shall be designed to accommodate other users including, but not limited to, police, fire, and emergency services.

(4)

New communication tower inside public rights-of-way. New communication towers (tower-based WCFs) may be permitted inside the public right-of-way of streets within the following zoning districts (I, CB, GB and LI), provided they are compliant with the following:

(a)

The maximum height of the proposed new tower-based WCFs shall be compliant with the underlying zoning district maximum structure height limit.

(b)

The location of the proposed tower-based WCF inside public right-of-way is not located within 10 feet of an area in which utilities are underground.

(c)

Tower-based WCFs inside public right-of-way are prohibited in residential areas or areas in which utilities are located underground.

(d)

Tower-based WCFs inside public right-of-way shall not be located in the front facade area of any structure.

(e)

The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the public 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.

(f)

Tower-based WCFs inside public right-of-way and related equipment shall be located 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 addition:

[1]

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of curb or a minimum of two feet from edge of cartway if no curb.

[2]

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

[3]

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

[4]

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the WCF owner.

[5]

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.

[6]

[7]

To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the WCF to more than 40 feet.

[8]

Any proposed WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[9]

Reimbursement for right-of-way use. In addition to permit fees as described in this section, every tower-based WCF in the Borough 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 right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's cost incurred in connection with the activities described above. Said fee is to be set by resolution of the Borough.

(5)

New non-tower WCF inside public rights-of-way. New non-tower WCFs located within the public right-of-way shall be co-located on existing poles, such as utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCFs on existing poles or freestanding structures that do not already act as wireless support structures with the approval of the Borough, provided they are compliant with the following:

(a)

WCF installations located above the surface grade in the public right-of-way including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are not more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b)

Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c)

(d)

Non-tower WCFs and related equipment shall be located 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 addition:

[1]

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of curb, within two feet of the edge or cartway if no curb, or within an easement extending onto a privately owned lot.

[2]

[3]

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

[4]

Any graffiti on the non-tower WCF or on any related equipment shall be removed at the sole expense of the WCF owner.

[5]

Any underground vaults related to non-tower based WCFs shall be reviewed and approved by the Borough.

[6]

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower 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 the following circumstances:

[a]

The construction, repair, maintenance or installation of any Borough or other public improvement 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.

[7]

Reimbursement for right-of-way use. In addition to permit fees as described in this section, every non-tower WCF in the Borough 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 right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's cost incurred in connection with the activities described above. Said fee is to be set by resolution of the Borough.

§ 455-149 General standards.

Standards for initial approval of new communications towers or initial attachment to existing support structures:

Antenna height. For a site with a new tower-based WCF outside of the public right-of-way, the maximum height at the top of the tower or antenna, whichever is taller, shall be 150 feet.

Setbacks. Setbacks from base of tower-based WCF outside of the public right-of-way. If a new tower-based WCF is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure to any property line shall be 120% of the antenna height.

Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and that the surrounding areas will not be affected negatively by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. The applicant shall submit a copy of a certificate of insurance evidencing general liability coverage in the minimum amount of $3,000,000 per occurrence and property damage coverage in the minimum amount of $3,000,000 per occurrence covering the proposed communications tower and communications antennas. Said insurance coverage shall be maintained during the useful life of the subject antennas and/or support structure. There shall be an ongoing obligation of the property owner where the tower is located to secure and submit to the Borough proof of insurance on an annual basis. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

Fencing. A fence shall be required around the tower-based WCF outside of the public right-of-way and other equipment, unless the antenna is mounted on an-existing structure. The fence shall be eight feet in height and shall otherwise comply with the regulations set forth in this chapter.

Landscaping. Landscaping shall be in accordance with Chapter 400, Subdivision and Land Development. The following landscaping shall be required to screen the fence surrounding the tower and any other ground-level features, buildings and structures. Any combination of existing vegetation or topography may be permitted only through the approval of the Borough Council:

(1)

An evergreen screen shall be required to surround the perimeter of any new tower-based WCF outside of the public right-of-way. The screen shall either be an evergreen hedge (planted three feet on center, maximum) or a row of evergreen trees (planted 10 feet on center, maximum). The evergreen screen shall be a minimum of six feet in height at the initial planting and shall grow to a minimum of 15 feet in height at maturity. All such plantings shall be perpetually maintained by the property owner.

(2)

The existing vegetation on and around the site shall be preserved to the greatest extent possible.

(3)

A landscaping plan shall be submitted to Borough for review and comment. The landscaping plan shall be subject to the approval of the Borough Council.

(4)

If a communications antenna (non-tower based WCF) is to be installed on a structure other than a communications tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and accessory equipment as visually unobtrusive as possible.

(5)

If a communications tower and antenna is to be designed as a structure or natural feature, the communications tower and antenna shall be disguised and/or camouflaged within the surrounding area. The type, style, color, design, size and location of the disguised and/or camouflaged communications tower and antenna shall be subject to the approval of the Borough Council as part of the conditional use process.

Other users. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular communications companies, the local police, fire and ambulance companies, and municipal uses.

State or federal requirements. All communications towers and antennas must meet or exceed the current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and any other state or federal agency with the authority to regulate towers and antennas.

Required parking. A minimum of two off-street parking spaces shall be required for maintenance workers. The size, design, number and location of the off-street parking spaces shall be subject to the approval of the Borough Council.

Access. Access shall be provided to the antennas, support structure and/or accessory structure by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width. The driveway or access lane shall be designed, constructed and improved in accordance with all codes, ordinances and standards adopted by the Borough.

Signs and lighting. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.

Support structures. Antenna support structures shall be constructed so as to reduce the visual impact. Support structures may be painted green up to the height of nearby trees, and shall, to the greatest extent possible, be consistent with the surrounding landscape. Support structures shall meet all Federal Aviation Administration regulations.

Land development plan. Where the proposed communications and telecommunications facility constitutes land development or subdivision as defined in Chapter 400, Subdivision and Land Development, a complete land development plan shall be required for all sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required by Chapter 400, Subdivision and Land Development. A complete land development plan shall not be required if the antenna is to be mounted onto an existing structure and does not exceed the height of the existing structure by more than 20 feet.

Building codes. To ensure the structural integrity of the communications tower and/or antenna, the owner shall demonstrate that it will be designed and maintained in accordance with all applicable building codes adopted by the Borough. In addition, the owner shall also demonstrate that the communications tower and/or antenna can withstand catastrophic events associated with wind, snow, ice, lightning, earthquakes, collisions and/or vandalism.

Geotechnical investigation. The owner shall complete and submit geotechnical evaluation of the site in which the communications tower is to be located. The owner shall demonstrate how the proposed tower and related infrastructure is to be stabilized and anchored.

Discontinued use. If a communications tower and/or antenna remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do such by the Borough.

Bonding/financial security. The owner or operator of communications tower and/or antenna shall post financial security with the Borough in an amount to cover tower and/or antenna removal and site cleanup. The financial security shall be used by the Borough in the event the owner or operator fails to remove the tower and/or antenna within six months of notification by the Borough. The amount of the financial security and the terms of the agreement shall be subject to the approval of the West Reading Borough Council.

Emergency/catastrophic event. West Reading Borough reserves the right to utilize any financial security held in escrow to insure that the communications tower and/or antenna are removed from the site in the event of an emergency or catastrophic event. The funds will be utilized by the Borough if the owner and operator of the communications tower and/or antenna does not make an effort to remove the tower or antenna immediately.

Additional standards to be considered for conditional use applications.

(1)

The cellular communications company and/or applicant is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's and/or applicant's grid system. The communications company and/or applicant shall supply a list of other towers within a five-mile radius of the site.

(2)

If the cellular communications company and/or applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of the tall structures within a one-mile radius from the proposed site, requested permission to install the antenna on those structures, and was denied for reasons other than economic reasons. Tall structures include, but are not limited to, smokestacks, water towers antenna support structures of other cellular communications companies, and other communications towers (fire, police, etc.).

(3)

The West Reading Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code[1] and this chapter.

[1]

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

(4)

Any information of an engineering nature that the applicant submits whether civil, mechanical, or electrical in support of their conditional use application shall be certified by a licensed professional engineer in the State of Pennsylvania.

§ 455-150 Permit processing time frames.

Timing of approval for WCF applications shall be as follows:

For a non-tower WCF:

(1)

Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application.

(2)

Upon submission to the Borough of the additional required information, the Borough shall within 10 days notify the applicant if the application is now complete.

(3)

For those applications for non-tower based WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached as defined by the WBCA, within 60 days the Borough shall make its final decision on whether to approve the application.

(4)

For those applications for non-tower-based WCFs that do substantially change the physical dimensions of the wireless support structure to which they are attached as defined by the WBCA, within 90 days, the Borough shall make its final decision on whether to approve the application.

(5)

The decision of the Borough shall be made in writing and provided to the applicant.

(6)

If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Borough's 60- or 90-day review periods, as applicable. These timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[1]

[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

For a tower-based WCF:

(1)

Within 30 calendar days of the date that an application for a new tower-based WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application (i.e., the requirement for conditional use approval).

(2)

Upon submission to the Borough of the additional required information, the Borough shall within 10 days notify the applicant if the application is now complete.

(3)

All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the WCF applicant in writing of its decision.

(4)