Personal wireless service facilities may be installed, erected and maintained when allowed as a Conditional Use as hereinafter set forth:
A. Purpose. In recognition of the quasi-public nature of personal wireless service facilities, the purpose of this Section is as follows:
(1) To accommodate the need for personal wireless service antennas while regulating their location and number in the Borough.
(2) To minimize adverse visual impact and effects of personal wireless service antennas and antenna support structures through proper design, siting and vegetative screening.
(3) To avoid potential damage to adjacent properties from antenna support structure failure and falling ice or debris, through engineering and proper siting of antenna support structures.
(4) To encourage the joint use of any new and existing antenna support structures to reduce the number of such structures needed in the future.
(5) To ensure that the location and number of personal wireless facilities are in the best interest of the health, safety, welfare and morals of the residents of the Borough.
(6) To minimize any adverse effects of location and design of personal wireless facilities on residential property values.
B. Definitions. The foUowing words and phrases when used in this Section shah have the meaning given to them in them in this subsection, unless the context clearly indicates otherwise:
ANTENNA - any structure or device used to coUect or radiate electromagnetic waves, including both directional antennas (such as panels) and omnidirectional antennas (such as wips) but not including satellite earth stations.
ALTERNATIVE TOWER STRUCTURE - manmade trees, clock towers, taU steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas on towers.
ANTENNA HEIGHT - the vertical distance measured from the base of the antenna support structure at existing grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shaU be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE - any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving or radio frequency energy.
BOROUGH COUNCIL - the Borough CouncU of the Borough of Marysville, Perry County, Pennsylvania.
COMMERCIAL MOBILE SERVICE - any mobUe service (as defined in §153 of the Federal Communications Act of 1934, as amended) that is provided for profit and makes interconnected services avaUable to public or to such classes of ehgible users as to be effectively avaUable to a substantial portion of the pubhc. It includes, but is not hmited to, personal communications services (PCS), ceUular radiotelephone service and paging.
COMMON CARRIER - any person engaged as a common carrier for hire, in interstate or foreign communications by wire or radio, or in interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shaU not, insofar as such person is so engaged, be deemed a common carrier.
EQUIPMENT BUILDING - a structure enclosed within exterior waUs, buUt, erected and framed of component, structural parts designed and used for the housing, shelter, enclosure or support of equipment necessary for the functioning of the wireless service facility and which may not exceed 250 square feet.
EXCHANGE ACCESS - that offering of access to telephone exchange services or facilities for the purpose of the originator or terminator of telephone toll services.
MONOPOLE - an antenna support structure consisting of a single pole or spire constructed without guy wires or ground anchor.
PERSONAL WIRELESS SERVICE - includes commercial mobile services, unhcenced wireless services and common carrier wireless exchange access services.
PERSONAL WIRELESS SERVICE FACILITIES - facilities for the provision of personal wireless services.
PERSONAL WIRELESS SERVICES SITE - a tract or parcel of land that contains a personal wireless service antenna as the principal use, its support structure, accessory building(s), parking and may include other uses and equipment associated with an ancillary to telecommunications signal transmission or processing.
PUBLIC UTILITY TRANSMISSION TOWER - a structure, owned and operated by a public utility electric company regulated by the Public Utility Commission, designed and used to support overhead electric transmission lines.
UNLICENCED WIRELESS SERVICE - the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct exchange satellite services.
C. A personal wireless service facility with antenna, whether or not attached to a pre-existing personal wireless facility, smoke stack, water tower or any other tall structure, is permitted as a conditional use in the C-2 District. The Borough Council may grant a conditional use after review of the Planning Commission and a public hearing before the Borough Council. The applicant must provide and establish the following criteria:
(1) That there is not suitable space on existing personal wireless service facilities or other personal wireless service facility site or on other sufficient tall structures where the intended personal wireless service facility can be accommodated and functions as required by its construction permit or license without unreasonable modification.
(2) Presenting technical evidence that the personal wireless facility must be located at the proposed site in order to satisfy its function in the grid system and the providing of the quality of service required by law.
(3) A full site plan which shall include:
(a) Written authorization from the property owner of the proposed tower site.
(b) A site plan:
1) Drawn to a scale of not smaUer than 100 feet to 1 inch.
2) Showing the property boundaries.
3) Showing any tower guy wire anchors and other apparatus.
4) Existing and proposed structures.
5) Scaled elevation view of proposed structures.
6) Access road(s), rights-of-way location and design standards as set forth in the Marysville Borough Subdivision and Land Development Ordinance [Chapter 22].
7) Parking area.
8) Fences in accordance with the requirements of this Section.
9) Location and content of (any or warning) signs.
10) Exterior lighting specifications.
11) Landscaping plan in accordance with this Section.
12) Land elevation contours at vertical intervals as required by Borough Council.
13) Existing land uses surrounding the site.
14) Equipment building and/or other accessory uses with detail including:
a) Elevations.
b) Proposed use.
(c) A written report including:
a) Information describing the tower height and design.
b) A cross-section of the structure.
c) Engineering specifications detailing construction of tower, base and guy wire anchorage.
d) Information describing the proposed painting and lighting schemes.
e) Information describing the towers's capacity, including the number and type of antennas that it can accommodate.
f) Radio frequency coverage.
g) All tower structures and building information to be certified by a licensed professional engineer.
h) Inventory of existing antenna support structures within a 2 mile radius of the proposed site and information discussing unavailability of such sites for one or more of the following reasons:
i) Refusal by current tower owner.
ii) Topographic limitations.
iii) Adjacent impediments blocking transmission.
iv) Site limitations to tower construction.
v) Technical limitations of the system.
vi) Equipment exceeds structure
vii) No space on existing facility or tower.
viii) Other limiting factors rendering existing facilities or towers unusable.
ix) An update of capacity on an existing tower.
(d) Written certification by the applicant that written notification has been given and received by all property owners adjoining the site where the proposed antenna facility and/or tower is proposed to be located.
(e) Written confirmation that the electromagnetic fields and radio frequency interferences comply with Federal Communication Commission regulations concerning such omissions, as well as an estimated Non-ionizing Electromagnetic Radiation (NIER) level from the proposed antennas, when added to existing levels, that does not exceed applicable Federal standards.
(f) A "zone of visibility map" provided to determine locations where the tower, antenna or facility may be seen as well as "before and after" pictorial representations setting forth views from key viewpoints within the Borough.
(4) Liability insurance in such amounts and limits as may be determined by Borough Council.
If the applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure, it is required to demonstrate that it contacted the owners of tall structures within a 1 mile radius of the site proposed. "Tall structures" include smokestacks, water towers, tall buildings, antenna support structures of other personal wireless service companies, other communications towers (fire, police, etc.) and other tall structures. The Borough Council may deny any application to construct a new antenna support structure if the applicant has not made a good faith effort to mount the antenna on an existing structure. A good faith effort shall require that all owners of potentially suitable structures within the radius hereinabove set forth of the proposed antenna support structure be contacted and that one or more of the following reasons for not selecting such structure apply:
(1) The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3) Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its function.
(4) Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5) A commercially reasonable agreement could not be reached with the owners of such structures.
E. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the personal wireless service facilities site unless otherwise permitted in the C-2 District in which the personal wireless service facilities site is located.
F. Standards of Approval of All Personal Wireless Service Facilities.
(1) Antenna Height. In no case shall an antenna support structure and antenna together extend beyond 100 feet in height. [Ord. 508A]
(2) Setback from Base of Antenna Support Structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line right-of-way line shall be the largest of the following:
(a) Thirty percent of antenna height.
(b) Forty feet.
Except as hereinafter provided, in all cases, monopole antenna support structure shall be preferred. The Borough Council may grant use of guy wire, free standing or any other type of antenna support structure after review by the Planning Commission and a public hearing before the Borough Council. The applicant must establish the following for approval:
(a) Cost of erecting a monopole would preclude the provision of adequate service to the public or erection of a safe antenna support structure.
(b) The proposed antenna structure would have the least practical adverse visual impact on the environment and closely resembles a monopole.
(3) Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris. The applicant shall also demonstrate compliance with guidelines recommended by the American National Standard Institute (ANSI) (ANSI/IEEEC95-1-1992) as amended, with respect to radio frequency emissions.
(4) Fencing. A fence shall be required around the antenna support structure, accessory building(s) and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of 6 feet in heigh and a maximum of 8 feet in height, shall completely enclose the antenna, support structure and related facilities, shall not contain openings greater than 9 square inches and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized operations or maintenance personnel.
(5) Equipment Building. One equipment building only shall be permitted. Said equipment building shall not exceed 250 square feet.
(6) Accessory Use. An antenna support structure shall not be considered an accessory use and may not be established on a parcel of ground with any other use without first complying with the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22].
(7) Landscaping. The following landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the support structure and any other ground level features (such as a building) and in general soften the appearance of the personal wireless service facility site. The Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.
(a) An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted 3 feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum heigh of 6 feet at planting and shall grow to a minimum of 15 feet at maturity.
(b) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(8) License Required. The apphcant company must demonstrate that the user of the structure is licensed or shall be licensed by the Federal Communications Commission.
(9) Required Parking. If the personal wireless service site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shaU equal the number of people onsite at the largest shift.
(10) Visual Impact. Antenna support structures shall be painted in a color that best allows it to blend into the surroundings unless otherwise required by the Federal Aviation Administration (FAA) regulation. The use of grays, blues and greens may be appropriate; however, each case should be evaluated individually. No antenna support structure may be artificiaUy lighted except when required by the FAA.
(11) Minimum Visual Impact Requirements. Personal wireless service facilities shall result in a minimal visual impact for those residents in the immediate area and for those in the larger community who view these facihties from a distance. Minimal visual impact shall include the foUowing:
(a) For facihties located in highly developed portions of the Borough, buUdings may be used to accomplish the screening noted above.
(b) It is acknowledged that large, multi-use towers located within major use transmission areas cannot be effectively screened. In order to minimize the visual impact, such new facihties should be located in close proximity to other comparable structures. Accompanying buildings, ground-mounted antennas and other equipment and structures should be subject to screening recommendations.
(c) FAA requirements for coloring and lighting of towers supersedes Borough requirements for visual minimum impact.
(d) If an antenna is instaUed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must 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 related equipment as visually unobtrusive as possible.
(12) Signs. No portion of any antenna or antenna support structure shall be used for a sign or other advertising purpose including, but not limited to, company name and telephone number and no banners, streamers or any other objects or items not essential to the function or support of the antenna or antenna support structure shall be attached to or displaced from same.
(13) Bonding. The Borough Council, at its sole discretion, may require the applicant or owner to establish, as a condition of approval of any application, a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of the antenna, antenna support structures and accessory structures of buildings during its/their lifetime and in an amount sufficient to remove the antenna support structure if said structure is no longer in use for its original communication purpose. The amount required shall be determined at the sole discretion of Borough Council based upon the unique characteristics of the antenna, support structure and accessory structures or buildings.
(14) As-Built Plans. Within 60 days of completion of the initial construction and any additional construction, applicant shall furnish two complete sets of plans, drawn to scale and certified to the Borough as accurately depicting the location of personal wireless service facility constructed pursuant to the building permit.
(15) Inspection. Beginning in December of the 10th year after the construction of any antenna support structure and by December of each even numbered year thereafter, and at any time a new carrier antenna is added, the antenna support structure shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of antenna support structures. At a minimum, this inspection shall be conducted in accordance wit the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 “Structural Standards for Steel Antenna Towers and Antenna Support Structures.” A copy of said inspection report shall be provided to the Borough. At the time said report is provided to the Borough, applicant shall pay a fee in an amount to be established, from time to time, by resolution of Borough Council or such other amount as the Borough Council shall, from time to time, set forth in a resolution. [Ord. 553]
(16) Removal. Any antenna support structure that is no longer is use for its original communication purpose shall be removed at the owner’s expense. The owner shall provide the Borough with a copy of the notice to the FCC of intent to cease operations and shall be given 12 months from the date of ceasing operations to remove the obsolete antenna structure and accessory structure. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations.
(Ord. 462, 8/14/1994; as added by Ord. 503, 9/13/1999, §2; as amended by Ord. 507B, 8/14/2000; by Ord. 508A, 8/14/2000; and by Ord. 553, 5/10/2004, §1)