(a) Compliance.
(1) The small wireless facility applicant shall submit proof of compliance with all applicable codes, including but not limited to Act 50 and those established by the FCC, as part of any complete small wireless facility application.
(2) If such applicable codes are modified, the permittee of the small wireless facility shall bring such small wireless facility into compliance with the modified applicable codes within three months of the effective date of such applicable codes unless a different compliance term is required by the controlling state or federal agency. Failure to bring such small wireless facilities into compliance shall constitute grounds for revocation of a permit and the removal of the small wireless facility at the permittee's expense.
(3) All small wireless facilities shall meet or exceed all applicable standards set forth by the state or federal government, as well as any applicable industry standard. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the applicant or permittee, as applicable, and shall be provided to the Borough.
(4) Small wireless facilities shall be installed and modified in a manner that:
A. Ensures that placement of small wireless facilities on existing structures is within the tolerance of those structures.
B. Ensures that the applicant's or permittee's use does not inconvenience the public, interfere with the primary uses of the right-of-way, or hinder the ability of the Borough or other government entities to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way.
C. Ensures that the applicant's or permittee's use does not obstruct, endanger, or hinder travel or public safety within a right-of-way, damage or interfere with other utility facilities located within a right- of-way or obstruct or interfere with the legal use of the right-of-way by the Borough or other utility.
D. Ensures that the Borough bears no risk or liability because of the installation or modification of a small wireless facility.
(5) Small wireless facilities in the public right-of-way requiring the installation of a new wireless support structure shall not be located immediately in front of any building entrance or exit.
(6) All small wireless facilities shall comply with all applicable requirements of the Americans with Disabilities Act and all applicable codes, including those applicable to streets and sidewalks.
(7) No small wireless facility shall be installed, modified, placed, operated, repaired, or maintained in a manner that causes, or is likely to cause, interference with the Borough's infrastructure, equipment, or services. Said infrastructure, equipment, and services include, but are not limited to, the Borough's traffic signal system, public safety radio system, electric distribution system, or Borough communications system. If a small wireless facility causes such interference, then the permittee, at its own expense, shall take all steps necessary to immediately correct and eliminate the interference. The Borough may terminate a permit for a small wireless facility based on such interference if the interference is not remedied by the permittee.
(b) Attachment to Municipal Structures.
(1) Subject to the requirements and processes of this chapter, Act 50, and all applicable codes, applicants are permitted to collocate small wireless facilities on municipal poles. The Borough will allow collocation on municipal poles using the process required under Act 50 and applicable codes unless:
A. The small wireless facility would cause structural or safety deficiencies to the municipal pole, in which case the Borough and applicant shall work together for any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility as otherwise required in this chapter; or
B. The Borough has reserved the space on the municipal pole for other public purposes.
(2) The Borough shall allow the collocation of small wireless facilities to structures owned by the Borough in the following preferred order, from most to least preferable:
A. Traffic signage poles without traffic signals;
B. Traffic signage poles with traffic signals;
C. Non-decorative light poles;
D. Telecommunications poles;
E. Electric distribution poles;
F. Decorative light poles.
(3) If the small wireless facility applicant is proposing the collocation of a small wireless facility on a lower preference structure, it shall be a condition to the approval of the application that the small wireless facility applicant provide evidence that collocation on a higher preference structure or wireless support structure owned by a third-party is not technically feasible. The cost of collocating on a higher preference structure or wireless support structure shall not be included in evaluating technical feasibility. Collocation of a small wireless facility on a municipal pole shall not create or vest in any applicant, wireless provider, or wireless service provider any ownership or property rights in such municipal poles except as expressly provided for in this chapter or pursuant to applicable law.
(4) This chapter shall not be construed to require the Borough to construct, retain, extend, place, or maintain any municipal pole or other municipal facilities not needed for the Borough's own utility service requirements.
(5) An applicant has no right to object to the Borough granting permission to any party regarding use of a municipal pole.
(6) Where applicable, an applicant's collocation of a small wireless facility on a municipal pole shall be placed and maintained at all times in accordance with the requirements, specifications, rules and regulations of the latest edition of the National Electrical Safety Code and subsequent revisions thereof, any governing authority having jurisdiction, this chapter, and any reasonable design standards and rules governing pole attachments in the Borough as the Borough may adopt from time-to-time, and shall be otherwise consistent with generally accepted industry standards.
(7) If requested by the Borough, each small wireless facility collocated on a municipal pole shall be identified at all times by an identifying marker/ band/tag stating the name of person holding the permit. The marker/ band/tag shall, at a minimum, (a) be reasonably durable under the typical weather conditions in the area and (b) have coloring unique to the person holding the permit. If the Borough elects to require marking/ banding/tagging by the wireless permittee, the Borough shall provide the permittee information concerning the type and color of marker/band/tag to be used in satisfying the requirements of this section. Such markers/ bands/tags shall also be capable of being read unaided from the ground by an adult of typical height and vision.
(c) Insurance. Each permittee and any person who owns or operates a small wireless facility shall annually provide the Borough with a certificate of insurance, in a form satisfactory to the Borough Solicitor, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small wireless facility and naming the Borough as an additional insured on each insurance policy. All permits issued for location of a small wireless facility pursuant to this chapter shall be deemed to be revoked in the event said insurance policy is cancelled, expires, or ceases to exist.
(d) Outdated Equipment. As part of the construction, modification, or replacement of a small wireless facility, the permittee shall remove any obsolete or abandoned equipment from the wireless support structure or utility pole.
(e) Weather. All small wireless facilities shall be designed to withstand the effects of wind, ice, water, and heat 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.
(f) Inspection Reports. All permittees shall submit inspection reports to the Borough upon request to ensure structural integrity and compliance with all applicable codes. Inspection reports shall be delivered to the Borough by the permittee within 30 days of request by the Borough. These inspection reports may include, but are not limited to, descriptions of routine maintenance or repair work, and descriptions of the physical degradation of a small wireless facility.
(g) Maintenance. The following maintenance requirements shall apply:
(1) All small wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair, or replacement.
(2) Such maintenance shall be performed to ensure the upkeep of the small wireless facility, to promote the health, safety, and general welfare of the Borough's residents, and to remain compliant with all applicable codes.
(3) All maintenance activities shall utilize nothing less than the best available technology in accordance with the applicable standard in the industry for preventing failures and accidents. Maintenance logs shall be timely provided to the Borough upon request.
(h) Historic Districts. No small wireless facility may be located within 75 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed under the Pennsylvania Historic District Act, located within a historic district, or is included in the official historic structures list maintained by the Borough.
(Ord. 2590. Passed 11-15-21.)