All wireless permits under this chapter are issued subject to the following minimum conditions:
(a) The permittee shall at all times maintain compliance with this chapter and all applicable codes.
(b) The permittee shall at all times maintain with the Borough accurate contact information for the permittee and all wireless service providers making use of the small wireless facility, which shall include, at minimum, a name, phone number, mailing address, and email address for at least one natural person.
(c) The Borough shall have the right to support, repair, disable, or remove any components of a small wireless facility if the small wireless facility threatens imminent harm to persons or property.
(d) The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent persons, properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small wireless facility.
(e) The permittee shall maintain all small wireless facilities and any associated structures in a good condition and in a neat and clean manner in accordance with all approved application documents and conditions of approval.
(f) The permittee shall retain full and complete copies of all permits, applications, and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions, and other documentation associated with the permit or regulatory approval. In the event the Borough cannot locate any such full and complete permits, applications, or other regulatory approvals in its own official records, and the permittee fails to retain full and complete records in the permittee's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be presumed resolved against the permittee.
(g) Every small wireless facility shall at all times comply with applicable FCC regulations governing radio frequency emissions, and failure to comply with such regulations shall be treated as a material violation of the terms of the permit.
(h) Make-Ready Work. For any municipal pole collocation application, the Borough shall provide a good faith estimate for any make-ready work, including any make ready engineering costs, necessary to enable a municipal pole to support the requested collocation by a wireless provider, including pole replacement, if necessary, within 60 days after receipt of a complete application. The Borough shall also provide the applicant with a schedule for completing any make-ready work. Make-ready work, including pole replacement, shall be completed within 60 days of written acceptance of the good faith estimate by the applicant. Any unpaid invoice sent by the Borough to an applicant for fees for make-ready work 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.
(i) Future Use. The Borough may reserve space on an existing municipal pole for future public uses in a documented and approved plan as adopted at the time an application is filed. A reservation of space shall not preclude collocation, the replacement of an existing utility pole or the installation of a new utility pole. If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.
(j) An applicant or the applicant's designee shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair, or maintenance work on a small wireless facility deployed under this chapter meets and attests to all of the following requirements:
(1) Maintain all valid licenses, registrations or certificates required by the Federal Government, the Commonwealth or the applicable local government entity that is necessary to do business or perform applicable work.
(2) Maintain compliance with the act of June 2, 1915 (P.L. 736, No. 338), known as the Workers' Compensation Act, the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law, and bonding and liability insurance requirements as specified in the contract for the project.
(3) Has not defaulted on a project or been suspended on a project by the Federal Government, the Commonwealth, or a local government entity within the previous three years.
(4) Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous ten years.
(5) Has completed the United States Occupational Safety and Health Administration's ten-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.
(6) Prior to the commencement of work, the contractor and/or subcontractor shall 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.
(7) The contractor and/or subcontractor shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the contractor and/or subcontractor, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the small wireless facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, verdicts, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(k) A permit issued pursuant to this chapter shall not be assigned or otherwise transferred without the prior written approval of the Borough.
(l) Approval of an application shall authorize the applicant to, subject to the permit requirements and the applicant's right to terminate at any time, operate and maintain small wireless facilities and any accessory equipment on a utility pole covered by the permit for a period of not less than five years, which shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in Act 50 or applicable codes consistent with Act 50 and the applicant has obtained all necessary consent from the utility pole owner.
(Ord. 2590. Passed 11-15-21.)