For the purposes of this chapter, the terms below shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural.
(1) "Accessory equipment" means any equipment serving or being used in conjunction with a small wireless facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar structures.
(2) "Antenna" means telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.
(3) "Applicable codes" means all applicable federal and state laws, regulations and standards that comply with Act 50. The term shall also include all ordinances, resolutions, or policies of the Borough regulating:
A. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
B. Local zoning, land use, streets and sidewalks, right-of-way and permitting ordinances or other local rules or regulations that comply with Act 50.
(4) "Applicant" means a communications service provider that submits an application.
(5) "Application" means a formal request, including all required and requested documentation and information, submitted by an applicant to the Borough for a wireless permit.
(6) "Borough" means the Borough of Ellwood City, Lawrence/Beaver County, Pennsylvania.
(7) "Borough's designee" means the person(s) or entity(s) selected by the Borough as responsible for initial processing of the application.
(8) "Communications service provider" means any of the following:
A. A cable operator as defined in section 602(4) of the Cable Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C. § 522(5)).
B. A provider of information service as defined in section 3(20) of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 153(24)).
C. A telecommunications carrier as defined in section 3(44) of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 153(51)).
D. A wireless provider.
(9) "Collocate" or "collocation" means to install, mount, maintain, modify, or replace small wireless facilities on an existing utility pole or other wireless support structure.
(10) "FCC" means the Federal Communications Commission.
(11) "Historic district or building" means a building that is or a group of buildings, properties or sites that are:
A. Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register.
B. Determined to be eligible for listing by the Keeper of the National Register of Historic Places who has been delegated the authority by a federal agency to list properties and determine their eligibility for the National Register of Historic Places in accordance with section VI.D.1.a.i-v of the Nationwide Programmatic Agreement for Review Regarding the Section 106 National Historic Preservation Act Review Process as specified under 47 CFR Pt. 1, App. C (relating to Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process).
C. Marked as a historical site by the Pennsylvania Historical and Museum Commission pursuant to 37 Pa.C.S. (relating to historical and museums).
D. Within a historic district created pursuant to the Act of June 13, 1961 (P.L. 282, No. 167), entitled "An act authorizing counties, cities, boroughs, incorporated towns and townships to create historic districts within their geographic boundaries; providing for the appointment of Boards of Historical Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings within the historic districts."
(12) "Micro wireless facility" means a small wireless facility that:
A. Does not exceed two cubic feet in volume; and
B. Has an exterior antenna no longer than 11 inches.
(13) "Modification" or "modify" means the improvement, upgrade or replacement of a small wireless facility or an existing utility pole that does not substantially change, as defined in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications), the physical dimension of the small wireless facility or utility pole.
(14) "Municipal pole" means a utility pole owned, managed, or operated by or on behalf of the Borough.
(15) "Person" means a natural person, firm, partnership, company, association, trust, corporation, or other legal entity. The singular shall include the plural, the plural shall include the singular; and the masculine shall include the feminine and the neuter, whatever appropriate.
(16) "Right-of-way" means the area on, below or above a public roadway, highway, street, sidewalk, alley, utility easement or similar property. The term does not include a federal interstate highway.
(17) "Small wireless facility" means the equipment and network components, including antennas, transmitters, and receivers, used by a wireless provider that meet the following qualifications:
A. Each antenna associated with the deployment is no more than three cubic feet in volume.
B. The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this paragraph.
(18) "Technically feasible" means that, by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless facility.
(19) "Utility pole" means a pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.
(20) "Wireless facility" is defined as follows:
A. Equipment at a fixed location that enables wireless service between user equipment and a communications network, including any of the following:
1. Equipment associated with wireless services.
2. Radio transceivers, antennas, coaxial or fiber optic cables, regular and backup power supplies, or comparable equipment, regardless of technological configuration.
B. The term includes a small wireless facility.
C. The term does not include any of the following:
1. The structure or improvements on, under or within which the equipment is collocated.
2. The coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a particular antenna.
(21) "Wireless infrastructure provider" means a person authorized by the Pennsylvania Public Utility Commission to provide telecommunications service in this Commonwealth that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless services provider.
(22) "Wireless permit" or "permit" means a permit issued by the Borough pursuant to this chapter and authorizing the placement or modification of a small wireless facility of a design specified in the permit at a particular location within the right-of-way, and the placement or modification of any existing wireless support structure to which the small wireless facility is proposed to be attached.
(23) "Wireless permittee" or "permittee" means the lawful holder of a wireless permit.
(24) "Wireless provider" means a wireless infrastructure provider or a wireless services provider.
(25) "Wireless services" means services, whether at a fixed location or mobile, using a licensed or unlicensed spectrum, provided to the public using wireless facilities.
(26) "Wireless services provider" means a person or entity which provides wireless services.
(27) "Wireless support structure" means a freestanding structure, including a utility pole, municipal pole, or other existing or proposed freestanding structure that could support the placement or installation of a wireless facility if approved by the Borough.
(Ord. 2590. Passed 11-15-21.)