In the exercise of its police powers and pursuant to the authority granted to the borough under Act 50 [the Small Wireless Facilities Deployment Act, Act of June 30, 2021, P.L. 232, No. 50], the borough has jurisdiction to regulate uses of the right-of-way. The purpose of this chapter is to provide the borough with a process for managing, and uniform standards for acting upon, requests for the placement of small wireless facilities within the right-of-way consistent with the borough's obligation to promote the public health, safety, and welfare; to manage the right-of-way; and to ensure that the public's use is not obstructed or disturbed by the use of the right-of-way for small wireless facilities. The borough recognizes the importance of wireless telecommunications facilities to provide high-quality communications and internet access services to residents and businesses within the borough. The borough also recognizes its obligation to comply with applicable federal and state laws regarding the placement of wireless telecommunications facilities in the right-of-way including, without limitation, the Telecommunications Act of 1996, 47 U.S.C. § 151, et seq., and Act 50, 53 P.S. §§ 11704.1 - 11704.11. This chapter shall be interpreted consistent with those provisions.
(Ord. 1479, passed 10-18-2021, § 1)