(a) Application Process.
(1) Small wireless facilities shall be treated as a permitted use in all areas of the Borough, except underground districts as established and designated by the Borough from time-to-time, and shall be reviewed by the Borough for conformity with all applicable codes.
(2) Applications for small wireless facilities shall be submitted to the Borough, or, if applicable, the Borough's designee. All applicants shall submit both a paper copy and an electronic copy (in a searchable format) of any application, as well as any amendments or supplements to the application or responses to requests for information regarding an application. An application is not complete until both the paper and electronic copies are received.
(3) A single applicant seeking to collocate is permitted to submit a consolidated application for collocation of up to 20 small wireless facilities. An applicant, however, may not submit more than one consolidated or 20 single applications for collocated small wireless facilities in a 30-day period. If the Borough receives more than one consolidated application or 20 single applications within a 45-day period, then the applicable timeframe for processing applications specified in this chapter shall be extended by 15 days.
(4) Applications are public records that may be subject to disclosure under the Pennsylvania Right-to-Know Law. The applicant must designate any portions of the application materials that it reasonably believes contain proprietary or confidential information by clearly and conspicuously marking each portion of such materials accordingly. If the Borough determines that the information is subject to disclosure, such determination shall be conclusive. If the Borough determines that a right-to-know request asks for proprietary or confidential information regarding a small wireless facility, then the Borough shall notify the relevant applicant within five days of receiving said request pursuant to the Right-to-Know Law. The applicant and Borough shall use all reasonable efforts to coordinate a response pursuant to the Right-to-Know Law. If the applicant determines that the requested information is considered confidential or proprietary information as defined by the Right-to-Know Law, or that any other exemption applies, then the applicant shall notify the Borough within five days of it receiving notification from the Borough. If the applicant requests that the Borough deny a request pursuant to the Right-to-Know Law, then the applicant shall be required to enter into an agreement with the Borough indemnifying the Borough for any and all legal expenses incurred by the Borough as a result of any challenge to the denial.
(5) Applicant must pay an application fee for each application or consolidated application pursuant to a fee schedule adopted by the Borough as amended from time-to-time by resolution or otherwise. Where no such fee schedule has been adopted, applicant shall pay:
A. Five hundred dollars for an application seeking approval for no more than five collocated small wireless facilities and $100 for each collocated small wireless facility beyond five.
B. One thousand dollars for an application seeking approval of a small wireless facility that requires the installation of a new or replacement utility pole.
Application fees are non-refundable and will not be returned to the applicant even where applicant chooses not to proceed with construction or installation of the small wireless facility.
(6) In addition to the application process set forth herein, applicant shall be responsible, as may be required by law, to obtain any other governmental or regulatory permits and approvals required for the installation or modification of a small wireless facility. The Borough shall not be liable as a result of accepting an application or issuing a permit in the event that an applicant is prevented from placing and/or maintaining its small wireless facility pursuant to this chapter.
(7) Applications for small wireless facilities shall include the following:
A. Full and complete payment of all applicable permit application fees.
B. A completed application form, to the extent the Borough may adopt the same from time-to-time, signed by an authorized representative of the applicant and made subject to all standard permit conditions specified in this chapter.
C. In the absence of an application form, applicant shall submit an application packet consisting of a cover letter and all required supporting documentation. The applicant shall detail the location of the proposed site(s), all equipment and accessory equipment being proposed as part of the small wireless facility, and shall certify that the applicant has included all information required by the Borough and by all applicable codes. The application packet shall be signed by an authorized representative of the applicant. The cover letter shall also include the applicant's name (including any corporate or trade name), and the name, address, email address, and telephone number of a local representative responsible for the application. If the applicant is a wireless infrastructure provider, the name and contact information for all wireless service providers that will use the proposed small wireless facility must be provided. Applicant shall also self-certify subject to 18 Pa.C.S. § 4904 that the filing and approval of the application is required by the wireless provider to provide additional capacity or coverage for wireless services.
D. Applicant's construction plans and drawings including, but not limited to, a description of the required work and renderings of the proposed small wireless facility and the proposed site. Said plans and drawings shall show all equipment being proposed as part of the small wireless facility, detailed site plans showing the location of the small wireless facility, and details regarding proposed construction and/or excavations, if any. Photo simulations depicting the small wireless facility from at least three locations near the proposed site shall also be included.
1. If the small wireless facility is proposed for collocation on an existing or replacement utility pole or wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
2. If the proposed small wireless facility will be installed on a new or replacement utility pole or wireless support structure, the depiction shall include the color, dimensions, material, and type of utility pole or wireless support structure proposed.
3. Applicant's construction plans and drawings shall also comply with and include any information required by the Borough's Wireless Facilities Design Manual.
E. The manufacturer and model, proposed location, and physical dimensions, including weight and volume, of each piece of equipment proposed as part of the small wireless facility.
F. A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small wireless facility and wireless support structure are structurally sound and shall not endanger public health and safety.
G. A seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania and certifying compliance with all local, state, and federal laws and regulations applicable to the proposed small wireless facility, including applicable standards for radio frequency emissions.
H. Certification of the application's compliance with all requirements of this chapter.
I. Proof that the applicant has mailed to the owners of all property within 150 feet of the proposed small wireless facility a notice that the applicant is submitting an application to the Borough for placement or modification of a small wireless facility in the right-of-way, which notice must include:
1. The proposed location of the small wireless facility, and
2. A description and scale image of the proposed small wireless facility consistent with that contained in the application.
J. A detailed request for and, explanation of the justification in support of, any waiver requested from the requirements of this chapter.
K. Where an application is made to install a small wireless facility with a new utility pole, the application must include sufficient information to demonstrate that an applicant cannot meet the service reliability and functional objectives of the application by collocating on an existing utility pole or municipal pole instead of installing a new utility pole. To demonstrate this requirement, the applicant may submit with its application a certification that it has made this determination in good faith and shall also provide a supporting documented summary of the basis for the determination. The applicant's determination in this regard shall be based on whether the wireless provider can meet the service objectives of the application by collocating on an existing utility pole or municipal pole on which:
1. The applicant has the right to collocation;
2. The collocation is technically feasible and would not impose substantial additional cost; and
3. The collocation would not obstruct or hinder travel or have a negative impact on public safety.
An application shall not be administratively complete unless all of the required elements set forth above are included in the application.
(8) Timing of application review.
A. Within ten business days of receiving an application, the Borough will determine and notify the applicant in writing whether the application is incomplete. If the Borough determines that an application is incomplete, the written notice will specifically identify the information not included with the application. The time for the Borough to process the application shall restart on the date the applicant provides all of the information required to complete the application. The processing deadline may be tolled or extended by a written agreement of the applicant and the Borough. Receipt of an application may occur on any business day of the Borough.
B. The Borough shall process applications on a nondiscriminatory basis and applications shall be deemed approved if the Borough fails to approve or deny the application within 60 days of receipt of a complete application to collocate and within 90 days of receipt of a complete application to replace an existing utility pole or install a new utility pole with small wireless facilities attached. A permit associated with an application deemed approved under this subsection shall be deemed approved if the Borough fails to approve or deny the permit within seven business days after the date of filing the permit application with the Borough unless there is a public safety reason for the delay. An applicant shall provide written notice to the Borough within 72 hours of when it discovers that a deemed approval has occurred. Written notice may be received by USPS or courier.
C. Where the Borough denies an application because of defects found therein, the applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial. No permit application fee is required for an application resubmitted pursuant to this section. Following resubmission, the Borough shall approve or deny the application within 30 days of the resubmission date. An applicant shall not be entitled to more than one submission.
(9) Once approved, the applicant shall be required to coordinate installation of the small wireless facility to result in the least interference with the public use of the right-of-way as possible.
(b) Placement. Small wireless facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Borough in its sole discretion.
(c) Deadlines for Completion. Any permittee granted a permit pursuant to this chapter for purposes of collocation, modification, or replacement of a small wireless facility, including installation of a new wireless support structure with a small wireless facility attached shall complete the construction work that is the subject of said permit within one year of the date the permit is issued. The Borough and any applicant or permittee may agree in writing to extend the period of construction for a period of greater than one year.
(d) Compensation for Right-of-Way Use.
(1) The holder of any permit issued for a small wireless facility pursuant to this chapter shall pay the Borough an annual fee for use and occupancy of the right-of-way. The fee shall be established pursuant to a fee schedule adopted by the Borough as amended from time-to-time by resolution or otherwise. Where no such fee schedule has been adopted, the fee shall be $270 per small wireless facility or $270 per new utility pole with a small wireless facility.
(2) The permittee and/or owner of each small wireless facility shall be invoiced for the first annual fee on the date the permit is issued, prorated based on the proportion of the calendar year then remaining. Subsequent invoicing shall be prospective and occur each January. Said invoices shall be paid within 30 days of receipt thereof. Any unpaid invoice shall be subject to interest accruing on the unpaid amount at 18% per annum beginning on the 31st day from the date of invoice until paid.
(e) Design Guidelines and Aesthetic Requirements. Small wireless facilities shall be designed, installed, operated, and maintained in compliance with all design guidelines, aesthetic requirements, or concealment measures adopted or amended by the Borough from time-to-time. Such requirements, if any, are contained in the Wireless Facilities Design Manual, a copy of which shall be kept on file in the Borough office. Applicant's design shall comply with all other applicable codes of the Borough including the Borough's Zoning Ordinance. The Wireless Facilities Design Manual may be amended by resolution from time-to-time by a resolution of the Borough Council.
(Ord. 2590. Passed 11-15-21.)