A. The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a small WCF.
(1) Permitted in certain zones. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use in the following zoning districts:
(a) C-H Highway Commercial District.
(b) M-C Manufacturing Commercial District.
(c) H-M Heavy Manufacturing District.
(d) MU Municipal District.
(2) Conditional use required. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use, subject to the requirements of this § 600-2103.
(a) Upon approval of an application for a tower-based WCF, the WCF applicant shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility if the application will be heard as a conditional use or a variance, not less than 30 days before the hearing or install is to commence. The WCF applicant shall then provide a copy of the notice and a list of the addresses notice was delivered to the City of Reading Zoning Administrator.
(b) Prior to the City Council's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the City Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed Tower-Based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
(c) The conditional use application shall include the name and contact information, including phone number, for both the WCF applicant and the owner of the proposed tower-based WCF.
(d) The conditional use application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
(e) The conditional use application shall include aerial photographs of the area within a 500' radius of the proposed tower-based WCF and identify all existing WCFs in that area.
(f) The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
(g) The conditional use application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the City Council's decision on an application for approval of tower-based WCF.
(h) Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the City Council that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
(i) The conditional use application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
(j) The conditional use application shall demonstrate that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the WCF applicant can show to the satisfaction of the City that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(k) The conditional use application shall include a report by a qualified engineering expert which shows that the tower-based WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
(l) The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this Part.
(3) Development regulations.
(a) Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district in § 600-800.
(b) Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[i] The existing use on the property may be any permitted use in the applicable district as per § 600-800, and need not be affiliated with the WCF.
(4) Design regulations.
(a) Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet; provided, however, that a tower-based WCF which existed prior to the approval of this part and pursuant to Part 21 of this chapter maybe extended beyond the height of 150 feet if not previously extended and such extension does not amount to a substantial change as per the definition of Substantial Change located in the Definitions § 600-2206. Tower-based WCF applicants must submit documentation to the City justifying the total height of the structure.
(b) Visual appearance and land use compatibility.
[i] Tower-based WCFs shall employ stealth technology which may include the wireless support structure being painted a certain color as approved by City Council or utilizing a galvanized finish.
[ii] All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
[iii] The City Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(c) Anti-climbing device. If deemed necessary by the City Council, a tower- based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.
(d) Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.
(5) Surrounding environs.
(a) The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) The WCF applicant shall submit a soil report to City Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(6) Fence/screen.
(a) A security fence having a height not to exceed eight (8) feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as accessory equipment, guy wires, or any building housing accessory equipment.
(b) A WCF applicant for tower-based WCF where the WCF is more than 40 feet in height, located outside of the right-of-way, shall submit a landscaping and screening design including the following. The plan shall be approved by the Zoning Administrator in consultation with the Public Works Director:
[i] The WCF Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the wireless support structure shall be preserved to the extent practicable.
[ii] Ground mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Zoning Administrator and/or Public Works Director.
(7) Accessory equipment.
(a) To the extent permitted by federal and state law, ground-mounted equipment associated to, or connected with, a tower-based WCF shall be screened from public view using stealth technology approved by the Zoning Administrator, in consultation with the Public Works Director. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 12 inches of the face of the curb, or in an area in which there are no curbs, within two feet of the edge of cartway.
(b) All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(8) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the City Council with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this Part.
(9) FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(10) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City Secretary.
(11) Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.
(12) Repair of non-conforming tower-based WCF. Non-conforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The collocation of antennas is permitted on non-conforming structures.
(13) Insurance. Each person that owns or operates a tower-based WCF shall provide the City Zoning Administrator with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(14) Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the City Solicitor, in an amount of $10,000 to assure the removal of the tower-based WCF upon abandonment or cessation of use for a period of six months. The bond shall provide that the City may recover from the principal and surety any and all compensatory damages incurred by the City for violations of this Part, after reasonable notice and opportunity to cure. The owner shall file the bond with the City.