[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-25-2021 by Ord. No. 1409[1]]
[1]
Editor's Note: This ordinance was originally designated to
be added as Ch. 130-A, Design Guidelines for Small Wireless Facilities.
Said ordinance was retitled and renumbered to fit the organizational
style of the Code.
All applicants for permits to install, construct, keep, maintain,
upgrade, relocate or replace small wireless facilities, as that phrase
is defined or referred to in various statutes, decisions of courts
agencies, and ordinances, shall, except as otherwise set forth herein,
comply with the design guidelines related thereto as adopted herein.
Borough Council may, as it deems appropriate, revise, supplement or
amend the design guidelines, or issue new guidelines by ordinance
or resolution.
The design guidelines applicable to all small wireless facilities as described in § 277-1 hereof are set forth in the attached Table 1, which is incorporated herein by reference and made a part hereof.[1]
[1]
Editor's Note: Table I is included as an attachment to
this chapter.
A.
Where the literal compliance with the mandatory design guidelines
is unreasonable in that it is not technically feasible or reasonably
directed at remedying the harm for which it seeks to protect, causes
undue hardship, where an alternative standard is demonstrated to provide
equal or better results or for other good cause shown; an applicant
may seek a waiver or modification of the design guideline(s).
B.
An applicant seeking a waiver or modification under this section
shall promptly file, so as not to delay the processing of the permit
or other application, a written request therefor in the office of
the Borough Manager.
C.
The written request for a waiver or modification shall set forth
with specificity the following:
(1)
The identity of each waiver or modification sought;
(2)
The grounds supporting each waiver or modification sought;
(3)
The proposed, alternative design; and
(4)
The exact location(s) of the proposed facilities, including the zoning
district and proximity to any historic district or building.
Each waiver or modification sought shall be consistent with
the public health, safety and general welfare and the purpose and
intent of the design guidelines.
D.
The Borough Manager shall place the waiver request on the next agenda
of the Borough Council.
E.
Following consideration of the applicant's presentation and/or
submission and with respect to both, any responses thereto, the Borough
Council shall approve, conditionally approve, or deny the waiver or
modification. The imposition of a condition to which an applicant
disagrees shall be considered a denial.
F.
The decision of Borough Council may be appealed in accordance with
applicable law.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof before a District Justice, be subject to a
penalty or fine in an amount not less than $100 and not more than
$1,000, together with the costs of prosecution and reasonable attorney
fees incurred by the Borough in any enforcement proceeding, and in
default of such penalty, fine or cost, to imprisonment for a term
of not to exceed 30 days for each such violation. Each day or portion
thereof that such violation continues and each such section of his
article violated shall constitute a separate offense. The provisions
of his article shall be enforced in the same manner as provided for
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure.
