[Ord. No. 2019-549, 2/13/2019]
As used in this Part, the following terms shall have the meanings indicated:
DISTRIBUTIVE ANTENNA SYSTEMS (DAS) or DAS FACILITIES
A network of one or more antennas and fiber optic nodes typically mounted to streetlight poles, or utility structures, which provides access and signal transfer services to one or more third-party wireless service providers. DAS Facilities shall also include the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with third-party wireless service providers to provide the signal transfer services. The term shall be construed to include supporting cables, wires, braces, masts or other appurtenances.
PUBLIC UTILITY
Any person, corporation or other entity that is regulated as a public utility by, and subject to the exclusive jurisdiction of, the Public Utility Commission of the Commonwealth of Pennsylvania.
[1]
Editor's Note: The sections in this part were originally adopted as §§ 7-101 through 7-106, but were renumbered as §§ 21-701 through 21-706 to maintain the style of the Code.
[Ord. No. 2019-549, 2/13/2019]
No person, corporation or other entity shall install or operate DAS Facilities in a public right-of-way within Red Hill Borough without first applying for and receiving a permit from the Borough in a form and subject to such terms and conditions as are acceptable to the Borough. A permit shall be obtained before any construction, installation, maintenance, repair or replacement work is performed.
[Ord. No. 2019-549, 2/13/2019]
The following minimal design parameters shall apply to DAS Facilities located in Red Hill Borough public right-of-ways:
A. 
Any new DAS Facilities, including without limitation, DAS poles, shall be located so as to not cause any physical or visual obstruction to pedestrian or vehicular traffic, or to create safety hazards to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way as determined by Red Hill Borough. Antennae or other equipment shall be located so as to provide sufficient separation distance from power lines and similar facilities.
B. 
In residential areas, DAS Facilities shall be located in line with a side lot line. Where this is not possible, DAS Facilities should be placed within the side yard of a lot rather than in front of a dwelling.
C. 
Issuance of a permit by Red Hill Borough shall allow installation of DAS Facilities only on those poles or other structures and in those locations approved and identified in the permit. Installation on any different facilities or at any other locations shall require written amendment of the permit.
[Ord. No. 2019-549, 2/13/2019]
A. 
The applicant shall submit a copy of the following supporting materials with its permit application:
(1) 
The certificate of public convenience issued to the applicant by the Public Utility Commission for the DAS Facilities to which the permit application pertains.
(2) 
If the installation will impact private property adjacent to the public right-of-way, the written consent of the property owner or a final Order of Condemnation, not subject to appeal, from the appropriate court.
(3) 
One or more map(s) identifying the location of all proposed DAS Facilities. The map(s) shall be legible, drawn to scale, labeled with streets, and contain sufficient detail to clearly identify the locations and surroundings of the proposed DAS Facilities. The map(s) shall include the proposed height for all requested poles.
(4) 
The permit fee described in § 21-706 of this Part.
B. 
The applicant shall be responsible to obtain such other permits and approvals as are required by Federal or State law.
[Ord. No. 2019-549, 2/13/2019]
A. 
The Borough shall be informed at least 48 hours in advance of the time, place and manner of construction, maintenance, repair and/or removal of all DAS Facilities in the public right-of-way to enable the Borough to ensure public safety, traffic management and related considerations.
B. 
The owners of lots impacted or likely to be impacted by the construction, maintenance, repair and/or removal of DAS Facilities shall be informed at least 48 hours in advance by the applicant/owner/operator of the DAS Facilities, by written notice addressed to the property owner's last known mailing address or, if the location of the property owner is not known, by written notice posted on the lot, of the time, place and manner of the construction, maintenance, repair and/or removal activities.
C. 
The applicant/owner/operator of the DAS Facilities shall be responsible for the repair and restoration to its original condition as existed immediately prior to performance of the work of any damage to paving, curbing, sidewalk, existing utility lines, stormwater management facilities or any other surface or subsurface installations, arising from the construction, installation or maintenance of the DAS Facilities. The restoration work shall be performed to the satisfaction of Red Hill Borough upon advice of the Borough Engineer.
[Ord. No. 2019-549, 2/13/2019]
A. 
A permit fee, as established from time to time by duly adopted resolution of Borough Council, shall accompany each application for a DAS Facilities permit. The permit fee shall be directly related to the Borough's actual costs in reviewing and processing the application.
B. 
Borough Council may, by duly adopted resolution from time to time, establish an annual maintenance fee, the amount of which shall be directly related to the Borough's actual costs and expenses incurred in maintaining the traffic poles and other structures within the public right-of-way on which the DAS Facilities are situated.
C. 
The applicant/owner/operator of the DAS Facilities shall be responsible for the payment of all costs and expenses associated with the provision of electricity or other utility power required for the operation and maintenance of the DAS Facilities.
D. 
No fees other than the permit fee, annual maintenance fee and actual utility costs incurred shall be assessed by the Borough.