The purpose of this chapter is to establish procedures and standards,
consistent with all applicable federal and state, laws, for the consideration,
permitting, siting, construction, installation, co-location, modification,
operation, regulation and removal of small wireless facilities ("SWF")
in the public right-of-way of streets and roads. The intent of this
section is to:
A. Establish basic criteria for applications to install and/or co-locate
SWF in the public right-of-way;
B. Ensure that SWF are appropriately designed, constructed, modified,
maintained, and removed when no longer in use in conformance with
all applicable health and safety regulations;
C. Preserve the character of the Borough by minimizing the potentially
adverse visual impact of SWF through careful design, siting, landscaping
and camouflaging techniques to blend these facilities into their environment
to the maximum extent practicable;
D. Establish an application process and structure for payment of fees
and charges to be uniformly applied to all applicants, operators and
owners of SWF for such facilities;
E. Comply with, and not conflict with or preempt, all applicable state
and federal laws, as may be amended or superseded, and all FCC rules
and regulations to interpret and implement applicable federal statutes.
As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH-OWNED POLE
A.
A utility pole owned or operated by the Borough, including a
utility pole that provides lighting or traffic control functions,
or other law enforcement functions, including light poles, traffic
signals, and structures for signage; and
B.
A pole or similar structure owned or operated by the Borough,
such as a decorative pole.
CO-LOCATION or CO-LOCATE
The mounting or installing of an antenna facility on a preexisting
structure, and/or modifying a structure for the purpose of mounting
or installing an antenna facility on that structure.
DECORATIVE POLE OR STRUCTURE
A pole, arch, or structure placed in the public right-of-way
that is specifically designed and placed for aesthetic purposes, excluding
electric lighting, specially designed information or directional signage,
temporary holiday or special event attachments and SWF.
DESIGN GUIDELINES
Any detailed design guidelines, specifications and examples
promulgated by resolution that address, on a nondiscriminatory basis,
the design and installation of facilities in the public rights-of-way,
insofar as they do not conflict with any federal or state law, rule
and regulation, including this chapter.
LOCATE
To install, mount, maintain, modify, operate, or replace
SWF.
OWNER
A provider, operator or owner of SWF (who may also be the
applicant).
PUBLIC RIGHT-OF-WAY
The surface of and the space above and below the paved or
unpaved portions of any public street, public road, public highway,
public way, public alley, public sidewalk, and any other land dedicated
or otherwise designated for the same now or hereafter held by the
Borough or other governmental entity.
SMALL WIRELESS FACILITY ("SWF")
A type of wireless communication facility (WCF) as specifically
defined by the Federal Communications Commission in Part 1 of Title
47 of the Code of Federal Regulations and the Pennsylvania Small Wireless
Facilities Deployment Act that meets each of the following conditions:
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 10% above its preexisting
height as a result of the co-location of new antenna facilities; and
B.
Each antenna (excluding associated antenna equipment) is cumulatively
no more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) is cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration
under 47 CFR Part 17.
E.
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
TRANSMISSION POLE
A pole or similar structure that is used in whole or in part
to carry electric transmission (as opposed to distribution) lines.
UTILITY POLE
A pole or similar structure that is designed for, or used,
for carrying electric distribution lines or for carrying cables or
wires for electric, cable, or telecommunications service or for lighting,
traffic control, or directional signage.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, including a monopole, decorative
pole, Borough-owned pole, transmission pole, and utility pole, or
other existing or proposed structure designed to support or capable
of supporting SWF.
Nothing in this chapter authorizes the co-location of small
wireless facilities on:
A. Property owned by a private party without the written consent of
the property owner;
B. Property owned or controlled by a unit of local government that is
not located within public rights-of-way without the written consent
of the unit of local government (Local governments are, however, required
to authorize the co-location of small wireless facilities on utility
poles owned or controlled by the local government or located within
rights-of-way to the same extent the local government permits access
to utility poles for other commercial projects or uses.);
C. A privately owned utility pole or wireless support structure, without
the consent of the property owner; or
D. Property owned, leased or controlled by a park district, forest preserve
district, or conservation district for public park, recreation or
conservation purposes, without the consent of the affected district.
The appeals process shall be as provided and set forth by state
and federal laws including any rulings issued by the Federal Communications
Commission. The provisions contained herein regulating small wireless
facilities are intended to comply with federal and state laws and
regulations in effect as of the date of adoption of this chapter.
To the extent that any of the provisions in this section conflict
with any federal or state statutes or regulations, the federal or
state statutes or regulations shall control unless the applicable
federal or state statutes or regulations allow for more stringent
provisions in local ordinances, in which case, the more stringent
provisions of local ordinances shall remain in effect and shall control
in such instances.
Nothing herein shall prevent the Borough from taking any other
lawful action, including civil actions at law or equity, including
temporary restraining orders, preliminary injunctions and permanent
injunctions, as is necessary to prevent or remedy any violations.