[Added 8-19-2019 by Ord. No. O15-2019]
A.
The purposes of this article include a desire to establish reliable
standards for the siting, design, permitting, construction, operation,
inspection, maintenance, repair, modification, removal and replacement
of facilities in Borough rights-of-way to the extent that such facilities
are not subject to the provisions of a controlling franchise agreement.
With respect to wireless communications facilities, it is the purpose
of this article to regulate such facilities in accordance with the
federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat.
56 (1996); the federal Middle Class Tax Relief and Job Creation Act
of 2012 (Spectrum Act), Pub. L. No. 112-96, 126 Stat. 156 (2012),
and FCC regulations promulgated thereunder by the Federal Communications
Commission (FCC), including the FCC's Report and Order of October
21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and FCC Declaratory Ruling
and Third Report and Order, WT Docket 17-79, WC Docket 17-18, adopted
September 26, released September 27, 2018; and the Pennsylvania Wireless
Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1
et seq. in the Borough of Oakmont ("Borough"). Moreover, the Borough
desires to plan and accommodate for the managed deployment of infrastructure
that is necessary to accommodate the wireless communications needs
of the Borough's residents, businesses and emergency service
providers. While the Borough recognizes the benefit of wireless communications
facilities in providing high-quality communications service and enhancement
to its residents, businesses and emergency service providers, the
Borough also recognizes that it has an obligation to protect public
safety through the standards set forth in the following provisions.
B.
With respect to all uses of the public right-of-way, it is the Borough's
policy and purpose:
(1)
To promote public safety and to protect property abutting the right-of-way
and users of the right-of-way;
(2)
To promote the availability of a wide range of services to the public
through the right-of-way;
(3)
To manage the use of the right-of-way to always assure that it can
be safely and efficiently used by vehicle and pedestrian traffic,
both presently and in the future;
(4)
To ensure that adequate and reasonable compensation is received by
the Borough for private use of the right-of-way; and
(5)
To treat private right-of-way occupants in a uniform and equitable
fashion and to treat similarly situated providers of services in a
competitively neutral manner.
(6)
As to public utilities seeking to place facilities in Borough rights-of-way,
this article is intended to regulate the time, place and manner of
such placement to the full extent of the Borough's authority
under the Business Corporation Law of 1988, 15 Pa.C.S.A. § 1511(e),
without duplicating or interfering with any applicable PUC regulations.
As used in this article, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment, buildings, cabinets and
storage sheds, shelters or similar equipment.[1]
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communications services. An antenna shall not include private
residence-mounted satellite dishes or television antennas or amateur
radio equipment including, without limitation, ham or citizen band
radio antennas.
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this subpart or
any equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
(i.e., WiFi) and fixed wireless services (i.e., point-to-point microwave
transmissions), such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this article, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.[3]
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving: (a) co-location of new transmission
equipment; (b) removal of transmission equipment; or (c) replacement
of transmission equipment.[4]
Any tower or base station, provided that it is existing at
the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.[5]
A non-freestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function satisfactorily.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication 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.[6] The replacement of a pole is not a modification.
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
Pennsylvania Public Utilities Commission.
The replacement of existing wireless telecommunications 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
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.[7]
The surface of and space above and below any real property
in the municipality in which the Borough has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways,
or any other public place, area or property under the control of the
Borough and any nonexclusive public or utility easements established,
dedicated, platted, improved or devoted for utility purposes. Private
rights-of-way and other government-owned lands not listed above shall
not be considered a right-of-way. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.[8]
Consistent with 47 CFR 1.1312(e)(2), are facilities that meet
each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas as defined in 47 CFR 1.1320(d);
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater.
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of "antenna" in 47
CFR 1.1320(d)], is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
DAS will constitute a type of small wireless facility, if meeting
the conditions stated above.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed facility into the existing structure or visual backdrop in
such a manner as to render it less 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, light poles, utility poles or flag poles, and eliminating,
minimizing or hiding wires, equipment installed on or near monopoles
or wireless support structures in connection with antennas placed
thereon.
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 personal wireless service (whether on its own
or commingled with other types of services), or for other communications-related
purposes.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site.[9]
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities
or for supporting similar infrastructure deployments, including structures
that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services (i.e., WiFi) and fixed wireless
services (i.e., point-to-point microwave transmission) such as microwave
backhaul and the associated site. A building, water tower, electrical
transmission tower, utility pole, light pole, traffic signal pole,
flagpole or other similar structure designed and constructed for a
sole or primary purpose other than supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities,
as well as a Ft. Worth Attachment, shall not be considered a tower.[10]
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (i.e., building, water tower,
utility pole, light pole, traffic signal pole, flag pole or other
similar structure) to support the weight of a WCF is not considered
a new tower-based WCF.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.[11]
Wireless communications facilities located on existing structures
such as, but not limited to buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flagpoles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.[12]
[1]
Note: 53 P.S. § 11702.2.
[2]
Note: 47 CFR 1.40001(b)(1).
[3]
Note: 47 CFR 1.40001(b)(2).
[4]
Note: 47 CFR 1.40001(b)(3).
[5]
Note: 53 P.S. § 11702.2.
[6]
Note: 53 P.S. § 11702.2.
[7]
Note: 53 P.S. § 11702.2.
[8]
Note: 47 CFR 1.40001(b)(6).
[9]
Note: 47 CFR 1.40001(b)(7).
[10]
Note: 47 CFR 1.40001(b)(9).
[11]
Note: 47 CFR 1.40001(b)(8).
[12]
Note: 53 P.S. § 11702.2.
A.
Tower-based WCF within the Borough ROW are permitted to be located
within the ROW on a lot containing a single-family home or duplex
only if the applicant demonstrates that no feasible alternative placement
is available, and if the following requirements are met:
(1)
A tower-based WCF shall not be located between the front facade of
the dwelling structure and the street that the lot fronts on, except
for equipment cabinets located underground; and
(2)
The WCF shall be located at, or as close as practicable to, the point
where a side lot line intersects the street right-of-way line. The
Borough may waive or adjust this requirement where such a side point
poses a hazard to motorists, pedestrians or bicyclists, or is undesirable
due to visual impact, proximity to a driveway or for other good cause.
B.
No ground-mounted equipment shall be located within the ROW on a
lot containing a single-family home or duplex unless the equipment
is screened by landscaping and plantings or other decorative features
so as to be substantially screened from the street or from any property
containing a single-family home or duplex and located within view
of the ground-mounted equipment.
C.
Eligible facilities requests that do not substantially change the
tower or base station are permitted.
A.
Tower-based WCFs shall be designed to minimum functional height,
not to exceed 50 feet. Applicants must submit documentation justifying
the total height, by reference to relevant conditions such as location,
topography, nearby structures, network configuration, level of service,
etc.
B.
Non-tower based WCF located above the surface grade shall be designed
at the minimum functional height. If located on a lot containing a
single-family residence or duplex, such WCF shall not exceed a height
of five feet above the supporting electrical transmission tower, streetlight,
utility pole, sign or similar structure, unless additional height
is shown by the applicant to be necessary for operation of the WCF.
Equipment and components shall not be placed so low as to be a hazard
to vehicle or pedestrian traffic.
A.
All WCFs shall be sited, designed, constructed, operated, inspected
maintained, repaired, modified, removed and replaced in strict compliance
with all current applicable federal and state technical and safety
codes.
B.
All WCFs shall be operated in accordance with all applicable FCC
rules regarding interference with public safety communications or
the reception of broadband, television, radio or other communications
services.
C.
Signage. All facilities shall include a posted sign at the location.
Such signage shall include the ownership, contact name and phone number
in the event of an emergency and Federal Communications Commission
(FCC) registration number (if applicable). Such signage shall not
include commercial advertising, shall not protrude from the tower
or WCF, and is subject to approval by the Borough. The sign shall
be limited to the maximum necessary size to provide the required information
in a readable manner, not to exceed two square feet in area.
D.
Lighting. Towers shall not be artificially lighted beyond what is
required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect to surrounding properties as is permissible
while still meeting state or federal requirements.
E.
Noise. All WCFs shall be operated and maintained so as not to produce
noise that will constitute a nuisance to users of the right-of-way
or property owners abutting the right-of-way. The use of a backup
generator is prohibited except that in emergency situations and for
periodic maintenance and testing by the wireless communications provider's
technicians, such use shall be permitted, where such noise standards
may be exceeded on a temporary basis.
F.
Vehicular access.
(1)
Vehicular access to all WCFs or similar infrastructure deployments
shall not interfere with parking or vehicular circulation occurring
within or through the ROW.
G.
Safety in rights-of-way.
(1)
Schedule of operations. The Borough shall determine the time, place
and manner of siting, design, construction, maintenance, repair, modification,
removal and/or replacement of all WCFs and other facilities located
in the ROW, based on public safety, traffic management, physical burden
on the ROW 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.
(2)
Alterations. Within 60 days following written notice from the Borough,
or such longer period as the municipality determines is reasonably
necessary or such shorter period in the case of an emergency, an owner
of a WCF or similar infrastructure deployment located in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of such WCF or similar infrastructure deployment
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 any one of the following circumstances:
(a)
The construction, repair, maintenance or installation of any
municipal or other public improvement located in the ROW.
(b)
The operations of the Borough or other governmental entity in
the ROW.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Borough.
(e)
No permit is required for such removal, relocation, change or
alteration ordered by the Borough.
(3)
Visual obstruction. All WCFs or similar infrastructure deployments
and accessory equipment or similar infrastructure deployments shall
be located so as not to cause any physical or visual obstruction to
pedestrian, bicycle or vehicular traffic, or to otherwise create safety
hazards to pedestrians, cyclists and/or motorists or to otherwise
inconvenience public use of the ROW as determined by the Borough.
In no case shall ground-mounted equipment, walls, screening or landscaping
be located within 18 inches of the face of the curb, or in an area
in which there are no curbs, within three feet of the edge of cartway.
H.
Maintenance. An applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs and equipment
needs, and the traffic, safety and noise impacts of such maintenance.
I.
Soil report. An applicant for a tower-based WCF or similar infrastructure
deployment, where the new tower is more than 40 feet in height, shall
submit a soil report complying with the standards of geotechnical
investigations, ANSI/EIA-222-G, as amended, which shall be submitted
to the Borough Engineer prior to construction to document and verify
the design specifications of the foundation for the wireless support
structure and anchors for the guy wires, if used. This requirement
shall not apply to direct-bury wood utility poles.
J.
Aviation safety. All facilities shall comply with federal and state
laws and regulations concerning aviation safety.
K.
Inspections where the new tower-based WCF or similar infrastructure
deployment is more than 50 feet in height.
(1)
A copy of any required inspection report shall be provided to the
Borough following the inspection. Any repairs advised by the report
shall be completed by the owner within 60 calendar days after the
report is filed with the Borough.
L.
Equipment storage. The storage of unused equipment or supplies is
prohibited on any WCF site or site for similar infrastructure deployment.
A.
Stealth technology. All WCFs and similar infrastructure deployments
within the ROW shall employ the most current stealth technology available,
where appropriate and technically feasible, in an effort to appropriately
blend the proposed WCF into the surrounding environment and minimize
aesthetic impact. Ground-mounted equipment, buildings and cabinets
shall be designed to blend into the environment in which they are
situated, to the extent practicable, with landscaping or other screening
provided as appropriate to the surrounding neighborhood. For all WCFs,
the antenna shall match the pole in color to the extent technically
feasible and where painting will not interfere with signal transmission.
In the case of a tower-based WCF or similar infrastructure deployment
within the ROW, compliance with this section may be evidenced by the
following, where technically feasible:
(1)
The tower shall have such color as may be commercially and technically
feasible to achieve and as may be required by the Borough to avoid
unsightly or out-of-character deployments.
(2)
The tower shall comply with Federal Aviation Administration and Pennsylvania
Bureau of Aviation lighting standards and shall not be artificially
lighted unless required by those agencies.
(3)
For new metal poles supporting a small cell antenna, the pole color
and design shall match as nearly as practical those existing surrounding
poles or shall, where commercially and technically feasible, be such
color as required by the Borough to avoid unsightly or out-of-character
deployments.
B.
Associated equipment.
(1)
All equipment associated with a WCF or similar infrastructure deployment
located above ground must be enclosed and all wires and cables must
be housed in shrouds, risers or conduit. To the extent commercially
and technically feasible, all equipment shall be of the same color
and the color shall match as closely as possible the color of the
pole or upright structure to which it is mounted, and to avoid unsightly
and out-of-character developments.
(2)
The maximum width and depth of any piece of associated equipment
may not exceed 1 1/2 times the diameter of the pole on which
it is to be located unless the applicant proves that no reasonable
alternative exists.
(3)
Antennas must be screened with a radome or similar concealment technique
that covers the entire antenna, cables, connectors and hardware, where
such screening will not interfere with transmission/reception capabilities
of the antenna.
(4)
Pole-mounted equipment other than cabling must be located at least
eight feet above the ground.
A.
Notwithstanding the requirements for all tower-based WCFs and WCFs
on existing structures, as set forth in this section, an application
for replacement, co-location or modification of a previously approved
wireless support structure or WCF shall be reviewed for conformance
with the Borough building permit requirements, including requirements
applicable to the added structural loading of the proposed antennas
and accessory equipment. Previously approved facilities shall not
be subject to the issuance of permit approvals, provided that there
is no substantial change.
B.
Replacement of WCFs on existing wireless support structures or within
existing equipment compounds may be performed by the applicant without
obtaining building or zoning permits from the Borough.
C.
Any substantial change to an existing tower-based WCF shall require
approval of the Borough in accordance with the terms of this section.
D.
Mounting. An applicant proposing a WCF on an existing structure to
be mounted on a building or any other structure shall submit detailed
construction and elevation drawings indicating how the WCF on existing
structure will be mounted on the existing structure for review by
the Borough building code official for compliance with the building
code.
A.
No person shall use, occupy, place, install or operate wireless communications
facilities, wireless support structures, accessory equipment or similar
infrastructure deployments or facilities in, under, over or upon any
Borough rights-of-way, or Borough-owned structure within Borough rights-of-way
unless such person first applies for and obtains a permit for same
from the Borough.
(1)
Permits are not assignable without the written consent of the Borough.
(2)
Permit to attach a facility.
(a)
Any application for a permit to attach a facility of any kind to a Borough structure within the ROW shall provide, in addition to the submittals required under Subsection B, and in such format and number as the Borough Engineer may designate, all descriptive and technical information as may be required by the Borough Engineer to review the application and to determine whether:
(b)
No attachment to a Borough-owned structure shall be permitted
unless the Borough Engineer has certified in writing that the proposed
attachment is properly designed and will not interfere with the Borough's
use of the structure or of the ROW.
(3)
Permits will be reviewed by and acted upon by the Borough Building
Code Official, or such official as may be designated by the Borough
Council. Permit decisions will be writing and permit denials will
state the reasons for the denial.
|
Table 1
WCF Review Time Frames
| |||
|---|---|---|---|
|
Type of Application
|
Borough shall notify the applicant in writing of any information
that may be required to complete application:
|
Borough shall approve or deny the application:
| |
|
A
|
Co-locate small cell
on existing structure
|
Within 10 days after application submitted
|
Within 60 days of submission of complete application
|
|
B
|
Co-locate a facility other than a small cell using an existing
structure
|
Within 30 days after application submitted
|
Within 90 days of submission of complete application
|
|
C
|
Deploy small cell using a new structure
|
Within 10 days after application submitted
|
Within 90 days after submission of a complete application
|
|
D
|
Eligible facilities requests** (as defined herein)
|
Within 30 days after the application is submitted
|
Within 60 days* of submission of a complete application
|
|
E
|
New tower-based WCFs (not covered by lines A through D above)
|
Within 30 days after the application is submitted
|
Within 150 days of submission of a complete application
|
|
NOTES:
| |
|
*
|
The time period may be tolled by mutual agreement or in cases
where the Borough informs the applicant in a timely manner that the
application is incomplete.
If an application is considered incomplete, the time period
begins running again as soon as the applicant makes a supplemental
submission, but may be tolled again if the Borough provides written
notice to the applicant within 10 days that the application remains
incomplete and specifically delineates which of the deficiencies specified
in the original notice of incompleteness have not been addressed.
|
|
**
|
The Borough shall only require the applicant to provide documentation
that is reasonably related to determining whether the request is for
an eligible facility.
|
B.
Applications.
(1)
Applications will include all applicant information required by the
Borough, in such number and format as the Borough may direct.
(2)
A fully dimensional site plan, plans and elevations drawn to scale
shall be submitted, showing:
(a)
Any existing wireless communications facilities, equipment or
supporting structures known to applicant within 1,000 feet of the
proposed WCF.
(b)
The proposed WCF or similar infrastructure deployment and dimensions
of all equipment to be used therewith.
(c)
The legal boundaries of the property and any leased area on
which the WCF or similar infrastructure deployment will be sited.
(3)
Visual impact demonstrations using photographic simulations of the
proposed WCF or similar infrastructure deployment as seen from reasonable
surrounding locations and angles and showing the color of all equipment.
(4)
A written description of all stealth technology to be employed, and
landscaping or screening plans.
(5)
Licensing and applicable regulations. If the applicant is a commercial
wireless communications provider, it must demonstrate that it is licensed
by the Federal Communications Commission (FCC) and submit with its
application copies of all FCC permits and licenses and any PUC certification.
(6)
Emissions. The proposed WCF or similar infrastructure deployment
will comply with all applicable standards established by the Federal
Communications Commission governing human exposure to electromagnetic
emissions.
(7)
Insurance. The applicant shall provide a certificate of insurance
issued to the applicant, evidencing that there is or will be adequate
current liability insurance in effect.
C.
Application fees.
(1)
Applications shall be accompanied by the nonrefundable application
fees set forth below or such other fees as may be adopted by resolution
of Borough Council:
(a)
Small cells: $500 for a single up-front application that includes
up to five small wireless facilities, with an additional $100 for
each small wireless facility beyond five, or $1,000 for a new tower
intended to support one or more small wireless facilities, said fees
to cover both zoning and building safety code approvals.
(b)
New tower (non-small cell): $1,000.
(c)
Co-location on existing tower (non-small cell): $500.
(d)
New non-tower-based WCF inside the right-of-way (non-small cell):
$500.
(e)
Eligible facilities requests that do not substantially change
the tower or base station (non-small cell): $100.
(f)
Modifications with substantial change (non-small cell): $500.
(2)
In addition to the nonrefundable application fees set forth above,
a non-small cell applicant shall reimburse the Borough for all reasonable
costs of its Engineer, Solicitor and other experts or consultants
in connection with review of the application. An initial deposit towards
such review fees of $1,000 for a new, non-small cell tower inside
the ROW shall accompany the application and be applied to reimbursable
review fees as they are incurred. If at any time the remaining deposit
balance is below 50% of the initial deposit, then applicant shall
replenish the account up to the original amount. If the amount deposited
exceeds the Borough's actual review costs, the remaining balance
shall be refunded to the applicant.
D.
Appeals.
(1)
Any person aggrieved by a determination by the Borough or any Borough
official with respect to issuance or denial of a permit under this
article may appeal, pursuant to the Local Agency Law.[1]
(a)
Requests for an appeal shall be in writing and must be filed
with the Borough Manager within 30 days of the determination appealed
from.
(b)
A request for an appeal shall be accompanied by:
[1]
A nonrefundable appeal fee in the amount of $100, or such other
fee as set by resolution of Borough Council; and
[2]
A deposit of $300 to be used to pay expenses of advertising
and court reporter. If the deposit is less than actual costs, the
appellant shall pay the difference. If the deposit exceeds actual
costs, the difference shall be refunded in full.
[3]
Borough Council may hear the appeal or designate a hearing tribunal
or hearing officer to hear and/or rule upon the appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
A.
Discontinuation. In the event that use of a tower-based WCF is planned
to be discontinued, the owner/operator shall provide written notice
to the Borough of its intent to discontinue use and the date when
the use shall be discontinued.
B.
Unused or abandoned WCFs or similar infrastructure deployments or
portions thereof shall be removed as follows:
(1)
All unused or abandoned facilities shall be removed within six months
of the cessation of operations at the site unless a time extension
is approved by the Borough. In the case of towers, the foundation
must also be removed.
(2)
If the facility is not removed within six months of the cessation
of operations at a site, or within any longer period approved by the
Borough, facility and equipment may be removed by the Borough and
the Borough's costs in connection with removal, including professional
or consultant fees, and the cost of removal work and site remediation,
may be assessed against the owner of the facility or the property
upon which the facility was located.
(3)
Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations.
(4)
As long as any portion of a WCF, whether used or unused, remains
in the ROW, including but not limited to a tower foundation, the annual
fee for use of the ROW established, pursuant to § 21-410,
shall be owed for any year or part of a year during which the ROW
is so occupied by the WCF or portion thereof.
A.
In addition to permit application fees, every WCF or similar infrastructure
deployment in the right-of-way is subject to the Borough's right
to impose annually a fair and reasonable fee to be paid for use and
occupancy of the right-of-way. Such annual fee shall be directly related
to the Borough's costs of owning, maintaining, managing the right-of-way
and to the loss of use to the Borough of that portion of the right-of-way
consumed by the proposed facility. Fees not covered by a franchise
agreement or similar contractual arrangement shall be as follows:
B.
By resolution, Borough Council may adjust the fees described herein
or may impose additional fees.
A.
Applications for tower-based WCF shall, in addition to meeting other
applicable requirements of this article, meet the following requirements:
(1)
Applicant shall provide to the Borough, prior to issuance of a permit
for construction, financial security to guarantee the removal of any
tower-based WCF. Such financial security shall be in an amount determined
by the Borough Engineer based upon industry standards for removal
and shall be acceptable in form and content to the Borough Engineer.
(2)
No tower-based WCF or similar infrastructure deployment shall be
located within 100 feet of an area in which all utilities are located
underground.
(3)
Applicant shall provide evidence of the need for the proposed tower
and WCF, but shall not be required to provide proprietary data.
(4)
The applicant shall supply documentation demonstrating that any proposed
tower complies with all state and federal requirements regarding aviation
safety.
A.
Before placing a WCF or similar infrastructure deployment within
the ROW, a public utility shall, pursuant to the Business Corporation
Law of 1988, 15 Pa.C.S.A. § 1511(e), obtain such permits
as are required hereunder. As used herein, the term "public utility"
refers to a person or corporation constituting a public utility under
the Pennsylvania Public Utility Code.
B.
This article is intended to impose lawful and reasonable regulations
upon a public utility to the extent authorized by the Business Corporation
Law, 15 Pa.C.S.A. § 1511(e) and by the Borough Code[1] and within the ambit of the traditional exercise of municipal
police powers. This article is further intended to achieve the objectives
of protecting properties abutting the ROW as well as users of the
ROW and is not intended to regulate those aspects of a public utility's
operation governed by an applicable PUC regulation.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
A.
Any person who is found to have failed to comply with the provisions
of this article may be fined up to $600 per day per violation. Each
day of violation shall be a separate offense.
B.
In addition to the penalties and remedies contained herein, the Borough
may take any action at law or in equity to seek redress for violation
of this article.
