(A) Applicability. Unless otherwise exempted, every applicant who wishes to place a small wireless facility in the right-of-way or modify an existing small wireless facility in the right-of-way must obtain a wireless permit under this chapter.
(B) Exempt facilities. The borough shall not require an application for the following unless the work involves excavation, closure of a sidewalk, or closure of a vehicular lane in which case a permit shall still be required:
(1) The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code. However, a micro wireless facility owner shall comply with all applicable codes, and shall provide the borough with written notice at least 90 days prior to the installation, placement, maintenance, operation, or replacement of a micro wireless facility. While an application is not required for a micro wireless facility, they shall be subject to all other provisions of this chapter.
(2) Routine maintenance or repair work.
(3) The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller and still qualify as a small wireless facility.
The exemptions from applications provided for herein shall not relieve the party performing such work from compliance with the permitting or application requirements that may otherwise apply pursuant to the applicable codes of the borough including, but not limited to, permits for excavation-related work.
(Ord. 1479, passed 10-18-2021, § 1)