[HISTORY: Adopted by the City Council of the City of Altoona 9-23-2021 by Ord. No. 5781. Amendments noted where applicable.]
The purposes of this chapter include establishing appropriate
regulations, rules and standards for the permitting, placement, installation
and operation of small cell wireless facilities in the public rights-of-way
in the City of Altoona and to regulate such facilities in accordance
with Pennsylvania and federal telecommunications acts[1] and regulations.
A.
To provide policies and procedures for the beneficial placement of
small cell wireless facilities within the City of Altoona.
B.
To facilitate the responsible deployment of small cell wireless facilities
to provide the citizens and businesses with the benefits of advanced
wireless services.
C.
To establish uniform application fees, approval time frames and design
and review standards.
D.
To prevent the placement of small cell wireless facilities that would
interfere with the use of streets, sidewalks, alleys, parking areas
and other public ways and places.
E.
To prevent visual and physical obstructions that would be hazardous
to vehicular and pedestrian traffic.
F.
To prevent the interferences with other facilities installed according
to existing codes and ordinances.
G.
The preservation of the character of the City of Altoona, to the
extent practical where facilities are installed, by minimizing the
adverse visual effects and the number of such facilities through proper
design, siting, screening, material, color and finish.
[1]
Editor's Note: See 66 Pa.C.S.A. § 3011 et seq.
and P.L. No. 104-104 (1996), respectively.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes, but is not limited to, utility
or transmission equipment, power supplies, generators, batteries,
cable, equipment buildings, cabinets and storage sheds, shelters or
similar structures.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
Any person that applies for a small cell wireless facility
permit.
The mounting of one or more facility, including antennas,
on a preexisting structure, or modifying a structure for the purpose
of mounting or installing a facility on that structure.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pod, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvements, upgrade, or expansion of the
wireless communications 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.
Wireless communications facilities located or co-located
on existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flag poles 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.
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that "person" does not include or apply
to the City, or to any department or agency of the City.
A wireless communications facility located in the public
right-of-way with a support structure consisting of a single new pole
installed for the primary purpose of supporting one or more WCF.
The replacement of existing wireless communications 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
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
A wireless communications facility that meets the following
criteria:
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is not more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
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).
Camouflaging methods that render facilities more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer.
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 right-of-way, it
increases the 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 eligible
support structures, it increases the 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;[1]
For towers other than towers in the public right-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 the eligible support structures, 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 an excavation or deployment outside the current site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the threshold identified in
47 CFR 1.40001(b)(7)(i) through (iv).
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwaves, satellite,
or radio signals.
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 provisions of wireless service.
[1]
Editor's Note: See 47 U.S.C. § 1455(a).
A.
Permit required. No person or entity shall use, place, install or
operate a small cell wireless facility nor shall any wireless support
structures, accessory equipment or similar infrastructure be deployed
in, over or upon any City right-of-way, unless such person or entity
first applies for and obtains a small cell wireless permit from the
City of Altoona. A permit shall not be required for routine maintenance
activities.
B.
Permit applications. The application for a new small cell wireless
facility shall be made available through the City of Altoona Public
Works Department. Upon approval, but prior to construction, a plan
review and building permit and electrical permit (applied for by a
licensed City contractor) will also be required from the Codes and
Inspections Department. A street opening permit through Public Works
will also be required if any work is taking place in the roadway.
C.
Application review and approval requirements. Applications will have
a unified review conducted by various City departments. Final approval
for the small cell application shall lie with the Public Works Director
or assigned designee. The Public Works Director or assigned designee
shall be authorized to use subject matter experts, the City Solicitor
and engineers, to review any application, and the permit applicant
will be responsible for all costs associated with these reviews.
D.
Application requirements.
(1)
The City of Altoona small cell wireless facility permit application
submission shall be made by the facility's owner or a duly authorized
representative. Permit applications will include all descriptive and
technical information and attachments required by the City, in such
number and format as the City may direct, to allow the Public Works
Director or assigned designee to determine whether:
(2)
Applications shall include:
(a)
The applicant's and facility owner's, if different
from the applicant, contact information.
(b)
Identification of any other representative acting on behalf
of the applicant or owner and that is authorized to speak with the
City regarding the application.
(c)
Fully dimensional site plan, construction drawings and elevation
data, drawn to scale, shall be submitted, showing:
[1]
Any existing wireless communications facilities, equipment or
supporting structures within 1,000 feet of the proposed installation
site;
[2]
An aerial map showing proposed location of the small cell wireless
facility(s);
[3]
Drawing(s) and a written description of the proposed scope of
work for the installation of the small cell wireless facility;
[4]
Proof of notification of all residence owners within 150 feet
of the proposed location.
(d)
A full description of the number and dimensions of all facilities
proposed to be installed, including the support structure, either
new or existing, to be utilized for each small cell wireless facility.
For all equipment proposed to be installed, include:
(e)
Visual impact demonstrations using photographic simulations
of the proposed small cell wireless facility and infrastructure deployment
as seen from reasonable surrounding locations and angles and showing
the color of all equipment.
(f)
A written description, supported by photographs and/or other
visuals, of all stealth technology to be employed and landscaping
or screening plans.
(g)
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.
(h)
The applicant must demonstrate that the proposed small cell
wireless facility and infrastructure will comply with all applicable
standards established by the Federal Communications Commission.
(i)
The applicant shall provide to the City a certificate of insurance
issued to the applicant, evidencing that there is or will be adequate
current liability insurance in effect.
(j)
The applicant shall agree that it will repair all damage to
the right-of-way directly caused while occupying, installing, repairing,
or maintaining the small cell wireless facility(s) and to return the
right-of-way to its functional equivalence before the damage. If the
applicant fails to make the repairs required by the City within 45
days after written notice, unless the City and the applicant agree,
in writing, to a longer time period, the City may undertake those
repairs and charge the applicable party the reasonable and documented
cost of the repairs. The applicant shall be responsible for replacing
any sidewalk in kind or portions thereof located within 20 feet of
any proposed pole installation site due to the anticipated weakening
of the surrounding substructure associated with said pole installation.
The City may maintain an action to recover the costs of the repairs.
(k)
Indemnification agreement to indemnify the City in any proceeding
to challenge approval of the facility.
(l)
Indemnification agreement indemnifying and holding the City,
its elected officials, employees, agents and representatives harmless
from any judgment, award, damage or loss, including court costs and
attorney's fees, resulting from a successful legal action brought
against the City for loss of property value due to the construction
or operation of a small cell installation.
(m)
A written description identifying the geographic service area
for the subject installation, accompanied by a plan and maps showing
anticipated future installations and modifications for the following
two years, in addition to the master plan described by this section.
The City of Altoona Director of Public Works and/or assigned
designee shall be responsible to review applications for conformity
to applicable requirements and conditions established in this chapter
and shall issue or deny permits to install small cell wireless facilities
based on nondiscriminatory terms and conditions. Permit decisions
will be in writing and permit denials will state the reason(s) for
the denial.
A.
The City encourages potential applicants to conduct an information
presubmittal conference with the City. Conducting a presubmittal conference
shall not be considered the start of the application submissions review
period.
B.
The City Director of Public Works shall conduct a completeness review
of submitted applications within 10 days of their submission. Determining
the completeness of an application shall be at the sole discretion
of the Director of Public Works. Applications deemed to be incomplete
shall be returned to the applicant along with written instructions
that clearly and specifically identify the missing documents or information
and the specific rule or regulation creating the obligation to submit
such documents or information. Return of an application for incompleteness
shall reset the applicable application review period. The application
review period will not begin until the applicant submits all the required
documents and information to make the application complete.
C.
If the City approves the application, the City Department of Public
Works shall physically post a notification at the proposed small cell
facility site for 30 days and accept public comments regarding same
during that thirty-day period.
D.
Upon completion of the site posting, the City shall have 30 days
from the site posting completion date to make a final determination
whether an application submission for installation of a small cell
wireless facility using an existing utility pole should be approved
or denied. These 30 days shall also apply to issuing all other City
permits, approvals and authorizations needed to install the facility.
The City shall also have 60 days from the site posting completion
date to make a final determination whether an application submission
for installation of a small cell wireless facility using a new support
structure should be approved or denied. These 60 days shall also apply
to issuing all other City permits, approvals and authorizations needed
to install the facility.
E.
The City shall notify the applicant, in writing, of its final decision
to approve or deny a permit within the applicable review period described
above. If the application is denied, the basis for a denial, including
citations to federal, state or local code provisions and/or statutes
on which the denial was based, will be provided. The applicant may
cure the deficiencies identified by the City and resubmit the application
within 30 days of receiving the written basis for the denial without
being required to pay an additional application fee. The City shall
approve or deny the revised application within 30 days of the application
being resubmitted for review or the resubmitted application shall
be deemed approved 30 days after resubmission. Any subsequent review
shall be limited to the deficiencies cited in the denial. If the resubmitted
application addresses or changes other sections of the application
that were not previously denied, the City shall be given an additional
15 days to review the resubmitted application and may charge an additional
fee for the review.
F.
Any person that disagrees with the decision of the Director of Public Works, as it pertains to any determination associated with this chapter, may file an appeal to the City of Altoona Code Appeals Board within 30 days of the date of the decision of the Director of Public Works. Said appeal shall specify the portions of the decision issued by the Director of Public Works which the appellant asserts are either not supported by substantial information or represent a clear error of law pursuant to the Altoona City Code and/or any applicable state or federal statute. Said appeal shall be heard pursuant to Chapter 15, Article VIII, of the City of Altoona Code.
G.
If the City fails to act on an application within the sixty-day review
period, the applicant may provide notice to the City that the time
period for acting on the application has lapsed and that the application
is considered approved.
H.
The applicant and/or the designated facility installer shall notify
the City at least two days in advance of when the facility will be
installed.
I.
Within five days of completion of the installation of the small cell
wireless facility(s) and/or wireless support structure, the applicant
shall give notice thereof to the City. Within 30 business days, the
City's Public Works Director, as well as City building and electrical
inspectors, shall inspect the work with the installer and, when necessary,
enforce compliance with the conditions, restrictions and regulations
prescribed by the permit and this chapter.
J.
The City may revoke any permit issued for violating any provisions
of this chapter or causing/creating any condition constituting a nuisance
or endangering life or property.
K.
Consolidated application. An applicant seeking to co-locate within
the jurisdiction of the City shall be allowed at the applicant's
discretion to file a consolidated application for co-location of multiple
small wireless facilities as follows:
(1)
The consolidated application does not exceed 20 small wireless facilities.
(2)
The denial of one or more small wireless facilities in a consolidated
application shall not delay processing of any other small wireless
facilities in the same consolidated application.
(3)
A single applicant may not submit more than one consolidated or 20 single applications in a thirty-day period. If the City receives more than one consolidated application or 20 single applications within a forty-five-day period, the processing deadline shall be extended 15 days in addition to the processing deadline specified under Subsection B to allow the City to complete its initial review under Subsection B.
A.
Fees associated with this chapter shall be set by resolution from
time to time by Altoona City Council in conformity with the Pennsylvania
Small Wireless Facilities Deployment Act.[1] Fees will include:
(1)
Small cell wireless facility application fee.
(2)
Review fee. Any requested third-party review fees incurred by the
City shall also be billed to the applicant at the City's cost
and shall be paid prior to approval of permit.
(3)
Annual recurring fees: direct costs relating to administration of
small cell facilities.
(4)
New pole fee.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
Provided the small cell application follows all requirements
set forth in this chapter, these facilities will be allowable in all
zoning districts. It is the City's strong preference to install
small wireless equipment on poles and appurtenances that exist within
the right-of-way or to upgrade existing facilities at the sole expense
of the permit applicant.
A.
Order of preference; configurations. The order of preference for
the configuration of small cell installations in the City, from most
preferred to least preferred, is:
B.
Additional guidelines and standards on placement. The following additional
guidelines shall be followed regarding placement of small cell wireless
facilities within the City:
(1)
Small cell wireless facilities or similar infrastructure deployment
shall not be located within 100 feet of an area in which all utilities
are located underground;
(2)
Small cell wireless facilities and wireless support structures shall
not be located closer than 150 feet away, radially, from another existing
small cell wireless facility and wireless support structure;
(3)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that impedes, obstructs or hinders usual
pedestrian, cyclist or vehicular travel or public safety;
(4)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that obstructs the legal use of a right-of-way
by any other utility provider;
(6)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that negatively impacts the structural
integrity of the associated wireless support structure;
(7)
Small cell wireless facilities and wireless support structures shall
not be located within sight triangles at street intersections;
(8)
Small cell wireless facilities and wireless support structures shall
not be located directly in front of an entranceway or front-facing
window of any residential, commercial or industrial structure;
(9)
Small cell wireless facilities and wireless support structures shall
not be located in a manner that impedes appropriate clearance of another
existing utility.
The City of Altoona intends that the following requirements
and conditions be met by each small cell wireless facility installation.
The requirements and conditions may be waived by the Director of Public
Works during review of the application upon a showing that the particular
location of a small cell wireless facility does not warrant such conditions,
that they impose an excessive expense to the applicant or for any
other reasons identified by the Director of Public Works.
A.
Stealth technology. All small cell wireless facilities and associated
equipment shall employ the most current stealth technology available,
where appropriate and technically feasible, in an effort to appropriately
blend the proposed facility(s) into the surrounding environment and
minimize aesthetic impact. A proposed small cell wireless facility
should be designed to not be significantly more readily apparent or
plainly visible than any other existing utility structures, poles
and equipment located within 500 linear feet of the proposed installation
point.
(1)
Colors. The small cell wireless facility and associated equipment,
including the antenna, cables and wires, equipment cabinets and other
supportive equipment, should have such color as may be commercially
and technically feasible to achieve minimal aesthetic impact.
(a)
All colors of the small cell wireless facility should reasonably
match the color of the wireless support structure and the background
area to avoid unsightly or out-of-character deployments.
(b)
For new metal poles supporting a small cell wireless facility,
the pole color and design should match, as nearly as practical, those
existing surrounding poles or shall, where commercially and technically
feasible, be such color as required by the City to avoid unsightly
or out-of-character deployments.
(c)
In the case of a small cell wireless facility being attached
to an existing wood utility pole, finishes should be zinc, aluminum
or stainless steel, or colored to match those metal finishes, and
equipment cabinets shall be the color of brushed aluminum.
(2)
Lighting. Small cell wireless facilities and wireless support structures
should not be artificially illuminated, except in accord with state
or federal regulations, or unless illumination is integral to the
camouflaging strategy.
(3)
Screening. Landscape screening should be provided and maintained
around exterior equipment enclosures unless otherwise approved by
the City. The planting, quantity and size should be such that 100%
screening is achieved within two years of installation. Concealment
may also include, but not be limited to, strategic placement in less
obtrusive locations and placement within existing or replacement street
furniture.
B.
Antennas.
(1)
Any antenna associated with a small cell wireless facility shall
not exceed three cubic feet in volume.
(2)
All pole-top antennas shall be flush mounted as closely to the top
of the utility pole as technically feasible.
(3)
All antennas shall be of a design, style and color that reasonably
matches the utility pole upon which they are attached.
(4)
Any necessary pole-top extension shall be of the minimum height necessary
to achieve separation from the existing pole attachments.
(5)
Any antenna mounted on a lateral standoff bracket shall protrude
no more than necessary to meet clearances.
(6)
If mounted on an existing structure, no antenna shall impair the
function of said structure.
(7)
Antenna placement shall not impair light, air or views from the surrounding
area.
C.
Accessory equipment.
(1)
Accessory equipment shall not exceed 28 cubic feet in volume. Stealth
technology shall not be included in the accessory equipment volume
calculation.
(2)
Accessory equipment shall be mounted flush to the side of a utility
pole, or as near flush to the side of a utility pole as technically
feasible.
(3)
Accessory equipment shall be mounted so as to provide a minimum of
eight feet vertical clearance from ground level.
(4)
Accessory equipment shall be of a color that reasonably matches the
utility pole upon which such accessory equipment is mounted.
(5)
All accessory equipment shall be contained within a single equipment
shroud or cabinet.
(6)
All small cell wireless facilities shall have a posted sign in a
readily visible location identifying the owner's permit number
and the name and phone number of a party to contact in the event of
an emergency. The only other signage permitted shall be that required
by the FCC or any other federal or state agency. Signage required
under this section shall not exceed four inches by six inches, unless
otherwise required by law [e.g., radio frequency (RF) ground notification
signs] or the City.
(7)
Accessory equipment placement shall not impair light, air or views
from adjacent windows.
(8)
No accessory equipment shall feature any lighting, including flashing
indicator lights, unless required by state of federal law.
D.
Cables and wires.
(1)
Exposed wiring is prohibited.
(2)
All cables, wires and connectors related to the small cell wireless
facility must be fully concealed.
(3)
There shall be no external cables and wires related to the small
cell wireless facility hanging off or otherwise exposed on the wireless
support structure.
(4)
Transmission, fiber, power cables and any other wiring shall be contained
within any utility pole for which such concealment is technically
feasible. If wiring cannot be contained within the utility pole, all
wiring shall be contained within a conduit or U-guard that is flush
mounted to the utility pole.
(5)
All wiring shall be installed without excessive slack or extra storage
on the utility pole.
(6)
Any conduit or U-guard shall be of a color that reasonably matches
the utility pole to which the small cell wireless facility is attached.
(7)
Loops of extra wiring shall not be attached to any utility pole.
E.
Equipment enclosures.
(1)
Equipment enclosures, including for electric meters, and radio equipment
shall be as small as possible.
(2)
Ground-mounted equipment shall incorporate concealment elements into
the proposed design matching color and materials of the wireless support
structure, unless other materials or colors are approved by the City.
G.
Tree/vegetation pruning.
(1)
Tree and vegetation pruning to aid in the installation of small cell
wireless facilities and wireless support structures is prohibited,
unless approved by the City.
(2)
Any proposed pruning or removal of trees, shrubs or other landscaping
already existing in the right-of-way must be noted in the application
and must be approved by the City.
H.
Wind/ice. All small cell wireless facilities and support equipment
shall be designed to withstand the effects of wind gusts and ice to
the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/TIA-222,
as amended), or to the industry standard applicable to the structure.
I.
Poles.
In the event that use of a small cell wireless facility, or
any portion thereof, is planned to be discontinued, the owner/operator
shall provide written notice to the City of its intent to discontinue
use and the date when the use shall be disconnected.
A.
Unused or abandoned small cell wireless facilities or any unused
or abandoned portions thereof shall be removed within six months of
the cessation of operations, unless a time extension is approved by
the City. This includes all unused or abandoned utility poles installed
specifically to install the small cell wireless facility.
B.
If the small cell wireless facility is not removed within six months
of the cessation of operations or within any longer period of time
approved by the City, the facility and equipment may be removed by
the City, and the City's costs in connection with removal, including
professional or consultant fees, and the cost of removal work and
site remediation, shall be assessed against the owner of the facility
or the property upon which the facility was located.
Each year on or by July 1, the small cell wireless facility
owner shall submit to the City an affidavit which shall list all active
small cell wireless installations it owns within the City by location,
certifying that each active small cell installation is covered by
liability insurance in the amount of $1,000,000 per installation,
naming the City as additional insured. Each small cell wireless facility
owner shall also annually provide the City with a master agreement
which sets forth all locations of small cell wireless facilities owned
by the owner within the City of Altoona. The small cell wireless facility
owner shall also pay an inspection and maintenance fee.
A.
Any person who shall violate any provision of this chapter shall
be liable, upon summary conviction for a first offense and upon summary
conviction for each subsequent offense, to a fine not exceeding $500
for each violation, together with costs of prosecution in each case.
Upon judgment against any person by summary conviction or proceedings
by summons, on default of payment of the fine or penalty imposed and
costs, the defendant may be sentenced and committed to the County
Prison for a period not exceeding 30 days.
B.
In addition to the above penalty, any person violating any provisions
of this chapter may be enjoined by civil proceedings.
A.
If any sentence, clause, section or part of this chapter is for any
reason found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this chapter.
It is hereby declared as the intent of the City that this chapter
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included therein.
B.
Any ordinance or part of ordinance inconsistent herewith is hereby
repealed insofar as it is inconsistent herewith.
