[Ord. No. 1085, 8/19/2020]
1.
Existing Wireless Communications Facilities. WCF for which a permit
has been issued prior to the effective date of this Part shall not
be required to meet the requirements of this chapter, except as set
forth in § 21-107, Nonconforming Wireless Communications
Facilities.
2.
Exclusions. This Part shall not govern the following:
A.
The installation of any amateur radio facility that is owned or operated
by a federally-licensed amateur radio station operator or is used
exclusively for receive-only antennas.
B.
The installation of any over the air receiving ("OTAR") antennas
covered under FCC regulations codified in 47 C.F.R. §§ 1.4000
et seq., as may be amended or superseded. OTAR antennas include, without
limitation, direct-to-home satellite dish antennas less than one meter
in diameter, television antennas and wireless cable antennas.
C.
The use of personal wireless devices (e.g., cell phones) or other
consumer-grade mobile user equipment used in the public right-of-way.
3.
Relationship to other chapters. This Part shall supersede all conflicting
requirements of other provisions and chapters of this Code regarding
the locating and permitting WCF in the public right-of-way.
[Ord. No. 1085, 8/19/2020]
For the purposes of this Part, the following words and phrases
shall have the meanings ascribed to them below, regardless of capitalization.
Any apparatus designed for the purpose of the transmission
and/or reception of radio frequency ("RF") radiation, to be operated
or operating from a fixed location to facilitate wireless communications
services including, but not limited to, the transmission of writings,
signs, signals, data, images, pictures, and sounds of all kinds.
Any person that submits an application to the Borough to
site, install, construct, collocate, modify, and/or operate a wireless
communications facility in the public right-of-way.
The mounting or installation of a wireless communications
facility on an existing support structure for the purpose of transmitting
and/or receiving RF signals for communications purposes.
Real property for or devoted to: 1) public transportation
purposes; or 2) the placement of the Borough's municipal utility
easements and other traditional uses along a transportation route,
whether by dedication, prescription, or otherwise, as well as the
spaces above and below. In addition to the foregoing, the definition
of public right-of-way includes, without limitation, public highways,
streets, avenues, alleys, sidewalks, bridges, aqueducts, and viaducts
within the Borough.
A collocation or modification that:
Increases the overall height of an existing support structure
more than 10% or 10 feet;
Increases the width more than six feet from the edge of an existing
support structure;
Involves the installation of any equipment cabinet on the ground
when there are no existing ground-mounted equipment cabinets;
Involves the installation of any ground-mounted equipment cabinet
that is 10% larger in height or volume than any existing ground-mounted
equipment cabinets;
Involves excavation or deployment of equipment outside the area
in proximity to the support structure and other transmission equipment
already deployed on the ground; or
Would defeat the existing concealment elements of the support
structure as determined by the Borough.
A pole or other structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function for collocation. This
term includes vertical support structures for traffic lights but does
not include horizontal structures to which signal lights or other
traffic control devices are attached.
The equipment and network components, including antennas,
transmitters and receivers and associated ancillary equipment installed
and operated for the transmission of wireless communications service.
The term does not include support structure.
Any FCC-licensed or authorized wireless communication service
including, without limitation, any personal wireless services, as
defined in 47 U.S.C. § 332(c)(7).
[Ord. No. 1085, 8/19/2020]
An application for a wireless communications facility is subject
to the following regulations:
1.
Approvals Required.
A.
Wireless Communications Facility in the Public Right-of-Way Permit
("WCF ROW Permit"). Any applicant wishing to place or modify a WCF
in the public right-of-way must apply for and obtain from the Borough
a WCF ROW permit granting the applicant permission to construct the
proposed WCF and occupy the public ROW at the proposed site, subject
to: a) satisfaction of the standard conditions listed in this Part;
and b) any additional conditions required by the Borough to carry
out the purposes and intent of this Part and the Borough of Forest
Hills Code of Ordinances. A WCF ROW permit shall not convey title,
equitable or legal, in the ROW.
2.
Contents of the Application. An applicant for a WCF ROW permit shall
submit an application to the Borough Building Inspector and/or his
or her agent ("Inspector"), which includes the following:
A.
Application Fee. The applicant must provide a permit application
fee as determined by the Borough.
B.
Regulatory Authorization. To the extent that the applicant claims
any regulatory authorization or other right to use the public right-of-way,
the applicant must provide a true and correct copy of the certificate,
license, notice to proceed or other regulatory authorization that
supports the applicant's claim. If an applicant has given valid
authorization in connection with prior applications, the Inspector
may rely on the prior documentation when accepting additional applications.
C.
Operator's Authorization. The applicant must submit the name
of the operator of the WCF and evidence sufficient to show that either:
1) the applicant is the operator or 2) the applicant has obtained
the operator's written authorization to perform the specific
work for which consent has been requested on behalf of the operator.
D.
Site Plans and Structural Calculations. The applicant must submit
fully dimensioned site plans, elevation drawings and structural calculations
prepared, sealed, stamped and signed by a professional engineer licensed
and registered by the Commonwealth of Pennsylvania. Drawings must
depict any existing WCF and all existing transmission equipment and
other improvements, the proposed facility with all proposed transmission
equipment and other improvements, and the legal boundaries of the
leased or owned area surrounding the proposed facility and any associated
access or utility easements.
E.
Structural Integrity. The applicant must show that the proposed WCF
and/or associated equipment does not negatively impact the structural
integrity of the support structure and that it complies with all applicable
local, state, and federal codes and regulations.
F.
Permission to Occupy. If an applicant proposes collocation on an
existing privately owned support structure, the applicant must provide
documentation of its permission to occupy the support structure.
G.
Supplemental Information. The Inspector may request the applicant
provide supplemental information as necessary to evaluate a proposed
site or to help identify readily available and technically feasible
alternative sites. To the extent that any such information request
relates to applicant business decisions, technical information, justification
statements, or other information, the provision of such information
shall not be a condition for approval of the application.
3.
Application Process.
A.
Optional Pre-Application Meeting. Pre-submittal conferences are strongly
encouraged, particularly for applications involving substantial changes
to existing support structures or installation of new support structures.
An applicant may request an appointment for a pre-submittal conference
with the Inspector to discuss possible projects. The conference is
intended to identify the correct application type and content requirements
for any given project, and to create an informal forum in which applicants
and the Inspector can discuss any aesthetic, historic preservation
or other concerns that should be addressed as soon as possible to
avoid any unnecessary delays in the processing of an application and
deployment of wireless facilities in the Borough. Each conference
is generally limited to discussion of a single potential project,
but applicants may request to discuss multiple projects provided that
the additional time required does not prejudice other applicants'
ability to obtain an appointment.
B.
Shot Clocks. Within 30 calendar days of the receipt of an application
for a WCF ROW permit, the Inspector shall notify the applicant in
writing of any information that may be required to complete the application.
(1)
Upon receipt of a complete application that does not propose
a substantial change to an existing support structure, the Inspector
shall make a final decision to approve or deny the application. The
Inspector shall advise the applicant in writing of the decision within
60 calendar days of receipt of a complete application.
(2)
Upon receipt of a complete application that requires a substantial
change to the existing support structure or installation of a new
support structure, the Inspector shall make the final decision to
approve or deny the application. The Inspector shall advise the applicant
in writing of the decision within 90 calendar days of receipt of a
complete application.
C.
Denial. An application may be denied if any one of the following
conditions exist:
(1)
The applicant has not demonstrated that its application conforms
to the provisions of this Part and the Borough of Forest Hills Code
of Ordinances.
(2)
The applicant is not authorized to conduct business in the Commonwealth
of Pennsylvania.
(3)
The applicant is in default of its obligation to pay to the
Borough fees imposed by this Part.
(4)
The design or location does not comply with the relevant standards
promulgated by the Pennsylvania Department of Transportation for construction
in the right-of-way.
(5)
The design or location does not comply with current or proposed
Americans with Disabilities Act Accessibility Guidelines (ADAAG) promulgated
by the United States Access Board.
D.
Appeal of Decision. The decision of the Inspector regarding the issuance
of a WCF ROW permit may be appealed to Borough Council by the applicant
or a person aggrieved. The appeal must be in writing and delivered
to the Borough's Business Office no later than 5:00 p.m. (EST)
on the 10th business day after written notification by the Borough
of the decision. An appeal must provide a detailed explanation, in
writing, of the basis for the appeal. The appeal should include supporting
documentation. Within 30 days of receipt of the appeal, Borough Council
shall hold a public hearing to review the application de novo. The
public hearing shall be advertised at least seven days in advance
in a newspaper of general circulation and will include a stenographer,
the fees for which will be paid by the appellant. The Borough Council
shall review the written appeal together with any evidence in the
record and grant the permit if it determines that, based on substantial
evidence, the permit complies with the requirements of this Part and
all other requirements under the law. The Borough Council shall issue
a written decision within 15 days of the decision. Failure to appeal
under this section shall constitute a failure to exhaust administrative
remedies for purposes of any subsequent appeal in a court of law.
[Ord. No. 1085, 8/19/2020]
1.
An applicant seeking approval of a modification under 47 U.S.C. § 1455(a),
which requires approval for an eligible facilities request for a modification
of an existing support structure that does not substantially change
the physical dimensions of such support structure, must provide proof
of permits of equivalent municipal authority for the existing WCF.
Federal regulations provide specific definitions and criteria for
approval or denial. The provisions in this section are intended to
assist applicants and the Inspector to determine whether an application
qualifies for approval as a minor modification.
2.
Criteria for approval. The Inspector may approve an application for
an eligible facilities request when it finds that the project:
3.
Criteria for Denial. Consistent with all applicable federal laws
and regulations, the Inspector may deny an application for a minor
modification when it finds that the proposed project:
A.
Does not satisfy the criteria for approval;
B.
Violates any legally enforceable standard or permit condition reasonably
related to public health and safety; or
C.
Involves the replacement of the entire support structure.
D.
The design or location does not comply with current or proposed Americans
with Disabilities Act Accessibility Guidelines (ADAAG) promulgated
by the United States Access Board.
4.
An eligible facilities request must still meet the requirements of
§ 21-106 of this Part.
[Ord. No. 1085, 8/19/2020]
The Inspector may, in its sole discretion, grant a minor technical
exception from strict compliance with any design and location requirements
when the Inspector finds that:
1.
The applicant has requested an exception in writing;
2.
The need for the exception arises from an external factor outside
the applicant's control that impacts public health, safety or
welfare, including without limitation soil compaction, existing congestion
or clutter within the right-of-way or other location-specific phenomenon;
3.
The proposed deviation from the applicable requirement is less than
10% larger than the generally applicable standard; and
4.
The granting of a minor technical exception would not create any
obvious hazard or unreasonable obstruction in the public ROW.
[Ord. No. 1085, 8/19/2020]
1.
These conditions apply to all WCF approvals, including, without limitation,
approval by the Inspector, approval on appeal, and approval by operation
of law (i.e., a deemed approval).
2.
Standard Conditions of Approval:
A.
Compliance with All Applicable Laws. The permittee shall at all times
maintain compliance with all applicable federal, state, and local
laws, regulations, ordinances, or other rules.
B.
Inspections; Emergencies. The Borough or its designee may inspect
a WCF upon reasonable notice to the permittee. The permittee shall
cooperate with all inspections. The Borough reserves the right to
support, repair, disable, or remove any elements of the WCF in emergencies
or when the WCF threatens imminent harm to persons or property.
C.
Contact Information for Responsible Parties. Permittee shall at all
times maintain accurate contact information for all parties responsible
for the WCF, which shall include a phone number, street mailing address,
and email address for at least one natural person. All such contact
information for responsible parties shall be provided to the Inspector
and shall be maintained by the Borough.
D.
Indemnities. The permittee and, if applicable, the operator of a
WCF shall defend, indemnify, and hold harmless the Borough and its
agents, officers, officials, and employees from:
(1)
Any and all damages, liabilities, injuries, losses, costs, and
expenses arising out of any claims, demands, lawsuits, writs of mandamus,
or other actions or proceedings brought against the Borough to challenge,
attack, seek to modify, set aside, void, or annul the Borough's
approval of the applicable WCF ROW permit; and
(2)
Any and all damages, liabilities, injuries, losses, costs, and
expenses and any claims, demands, lawsuits, or other actions or proceedings
of any kind, whether for personal injury, death, or property damage,
arising out of or in connection with the activities or performance
of the permittee or its agents, employees, licensees, contractors,
subcontractors, or independent contractors.
(3)
In the event the Borough becomes aware of any such actions or
claims, the Borough shall promptly notify the permittee and shall
reasonably cooperate in the defense. It is expressly agreed that the
Borough shall have the right to approve, which approval shall not
be unreasonably withheld, the legal counsel providing the Borough's
defense, and the permittee (as applicable) shall reimburse Borough
for any costs and expenses directly and necessarily incurred by the
Borough in the course of the defense.
E.
Interference with Public Safety Radio Services. In the event that
the Borough has reason to believe that permittee's radio communications
operations are causing interference with the Borough's radio
communications operations, then the permittee shall, at its cost,
immediately cooperate with the Borough to either rule out permittee
as the interference source or eliminate the interference. Cooperation
with the Borough may include, but shall not be limited to, temporarily
switching the transmission equipment on and off for testing.
F.
General Maintenance. The site and the WCF, including but not limited
to all landscaping, fencing, and related transmission equipment, must
be maintained in a neat and clean manner and in accordance with all
approved plans and conditions of approval. WCF shall at all times
be kept and maintained in good condition, order, and repair by qualified
maintenance and construction personnel, so that the same shall not
menace or endanger the life or property of any person.
G.
Graffiti Abatement. Permittee shall remove any graffiti on the WCF
at permittee's sole expense.
H.
RF Exposure Compliance. All facilities must comply with all standards
and regulations of the FCC and any other state or federal government
agency with the authority to regulate RF exposure standards.
I.
Relocation for Public Improvement Projects. Permittee shall remove
and relocate the permitted WCF at permittee's sole expense to
accommodate construction of a public improvement project by the Borough.
J.
Removal if Discontinued Use. In the event that the use of a WCF is
discontinued, the owner shall provide written notice to the Borough
of its intent to discontinue use and the date when the use shall be
discontinued. If a WCF is not removed within 90 days of discontinued
use, the Borough may remove it at the owner's expense irrespective
of the notice requirement under this section.
K.
Taxes and Assessments. To the extent taxes or other assessments are
imposed by taxing authorities on the Borough as a result of a permittee's
use or occupation of the public ROW, the permittee shall be responsible
for payment of such taxes, payable annually unless otherwise required
by the taxing authority.
L.
Prevention of Failures and Accidents. Any person who owns a WCF sited
in the ROW shall at all times employ ordinary and reasonable care
and install and maintain in use nothing less than the best available
technology for preventing failures and accidents which are likely
to cause damage, injury, or nuisance to the public.
M.
Surety Bond or Equivalent Financial Tool for Cost of Removal. All
owners must procure and provide to the Borough a bond, or must provide
proof of an equivalent financial mechanism, to ensure compliance with
all provisions of this section. The bond or equivalent financial method
must specifically cover the cost of removal of each WCF that the owner
installs in the ROW in case the Borough has to remove or pay for removal
of the WCF. Two acceptable alternatives to a bond include a funds
set-aside and a letter of credit.
N.
Conditions of Approval. The Borough may add or modify conditions
of approval as necessary or appropriate to protect and promote the
public health, safety, and welfare.
3.
Additional Conditions of Approval for Substantial Changes to the Existing Support Structure or Installation of a New Support Structure. In addition to the standard conditions of approval listed in § 21-105 of this Part, an application for a WCF ROW, Subsection 2 permit involving collocation with substantial changes to the existing support structure or requiring the installation of a new support structure must conform to the following:
A.
The WCF, its support structure, equipment and all associated improvements,
shall be designed and sited in a manner that is sympathetic to the
particular architectural character of the buildings and compatible
with the streetscape in the vicinity of the proposed project site.
B.
Design elements of the WCF, its support structure, equipment and
all associated improvements, shall be selected to reflect the detailing
and materials associated with the buildings and streetscape in the
vicinity of the project site.
C.
The WCF, its support structure, equipment and all associated improvements,
shall be designed and sited in a manner that does not adversely impact
right-of-way circulation, accessibility, or obstruct existing or planned-future
uses of the right-of-way.
D.
The WCF shall comply with all applicable design, construction and
location provisions in this Part.
[Ord. No. 1085, 8/19/2020]
1.
General Design and Construction Standards. The Borough desires to
promote organized and streamlined facilities using the smallest and
least intrusive means available to provide wireless services to the
community. All WCF must comply with all applicable provisions in this
section. In the event that any other law, regulation or code requires
any more restrictive structural design and/or construction requirements,
the most restrictive requirement will control.
A.
Collocation. The Borough encourages applicants to consider existing
poles and other potential support structures prior to any new pole
including collocations between two separate wireless service providers
on the same support structure whenever feasible.
B.
Pole-Mounted Equipment Cages. The Borough prefers and strongly encourages
pole-mounted equipment cages in lieu of underground or ground-mounted
equipment facilities. Equipment cages may not extend more than 10
inches beyond the pole center line on either side. The equipment cage
must be nonreflective and painted, wrapped or otherwise colored to
match the existing pole. All pole-mounted equipment must be installed
as flush to the pole as possible.
C.
Underground Equipment Vaults and Ground-Mounted Equipment. Generally,
pole-mounted equipment cages are preferred; however, an applicant,
upon good cause shown, may be permitted to install underground equipment
vaults or ground-mounted equipment where a pole-mount would be otherwise
unfeasible.
D.
Electric Meter. Multiple operators on a shared pole shall share a
single electric meter, if feasible. Site operators shall use the smallest
and least intrusive electric meter available.
E.
Lights. Unless otherwise required for compliance with FAA or FCC
regulations, the facility shall not include any permanently installed
lights. Any lights associated with the electronic equipment shall
be appropriately shielded from public view. The provisions in this
subsection shall not be interpreted to prohibit installations on streetlights
or the installation of luminaires on new poles when required by the
Inspector.
F.
Generally Applicable Health and Safety Regulations. All facilities
shall be designed, constructed, operated and maintained in compliance
with all generally applicable health and safety regulations, including
without limitation all applicable regulations for human exposure to
RF emissions.
2.
New and Replacement Poles.
A.
General Restrictions on Poles. In all locations, the Inspector may
require a metal pole rather than a wood pole, or vice versa, based
on the build and/or natural environmental character of the proposed
site location.
B.
Overall Height. Poles in the ROW shall not exceed 50 feet in height.
The applicant shall consider other poles in the vicinity, the built
environment, the neighborhood character, and the overall site appearance
when proposing a new pole. The zoning district height limit shall
not be determinative.
C.
Lighting; Banners. The Inspector may require the applicant to install
functional streetlights and/or banners when technically feasible and
the Inspector determines that such additions will enhance the overall
appearance and usefulness of the proposed facility.
3.
Installations on Existing Poles and Other Support Structures.
A.
Borough-Owned Structures. As a general matter, the Borough allows operators to attach to Borough-owned support structures. The Borough, in its proprietary and regulatory capacities, however, retains sole discretion to identify reasonable terms and conditions for such attachments. Such terms include, in addition to other requirements set forth in Chapter 21 of the Borough Code of Ordinances:
(1)
The applicant, at its own cost, shall assess the support structure
to demonstrate technical feasibility and compliance with applicable
Borough safety standards.
(2)
If the Borough determines that "make-ready" improvements are
necessary for structural integrity or technical reasons, the applicant
shall be responsible to pay all such costs including replacement or
modification of a Borough-owned wireless support structure. Make-ready
work shall conform to the Borough's requirements for the type
of structure being replaced.
(3)
The Borough retains ownership of the modified or replacement
support structure.
(4)
The permittee shall be responsible for all costs assessed for
occupying the Borough-owned support structure.
(5)
The Borough shall not be responsible for any state or local
tax liabilities or assessments attributable to the WCF attachments.
(6)
Independent Power Source. A WCF on a Borough-owned support structure
may not use the same power source that provides power for the original
purpose of the support structure.
[Ord. No. 1085, 8/19/2020]
1.
Site/Collocation Preference. Whenever an applicant proposes to place
a new WCF in the public ROW, the Inspector may propose an alternate
location within 100 feet from the proposed existing WCF or within
a distance that is equivalent to the width of the public way in or
on which the new WCF is proposed, whichever is greater, whether on
a new pole or an existing support structure. The applicant must use
the alternate location (collocation or new support structure), if
it has the right to use the alternate location on reasonable terms
and conditions and the alternate location does not impose technical
limits or additional costs.
2.
General Limitation on New Poles. The Inspector strongly discourages
more than one WCF on a new pole per block and will not approve more
than one per block on each side of the street, unless the denial would
have the effect of prohibiting the provision of wireless service to
a location, in which case applicant may apply for a limited exception.
3.
Alignment with Other Poles. The centerline of any new pole must be
aligned with the centerlines of existing poles on the same sidewalk
segment. After the Inspector approves a proposed new pole location,
but before the permittee commences construction, the permittee must
verify the correct pole alignment in the field.
4.
Setbacks for Visibility and Access. Any new pole and/or equipment
and other improvements associated with a new pole or an existing pole
must be setback from intersections, alleyways and driveways and placed
in locations where it will not obstruct motorists' sightlines
or pedestrian access. In general, the Inspector will presume that
no obstruction will occur when a new pole and/or equipment is set
back at least: (1) 50 feet from any intersection; (2) six feet from
any driveway cut or alleyway entrance or exit; and (3) six feet from
any permanent object or existing lawfully-permitted encroachment in
the public right-of-way, including without limitation bicycle racks,
traffic signs and signals, street trees, open tree wells, benches
or other street furniture, streetlights, door swings, gate swings
or sidewalk cafe enclosures. The Inspector may, in its discretion,
require an additional setback for a specific pole when it determines
that the presumptively acceptable setback would nevertheless obstruct
motorists' sightlines or pedestrian access. Notwithstanding the
foregoing, the Inspector may permit collocation of wireless facilities
on existing wireless support structures within 50 feet of an intersection
if the pole attachment otherwise complies with this Part and does
not adversely affect traffic circulation, public safety, pedestrian
access, or the reliable operation of the traffic facilities.
5.
Obstructions. Any new pole and/or equipment and other improvements
associated with a new pole or an existing pole must not obstruct any:
(1) worker access to any aboveground or underground infrastructure
for traffic control, streetlight or public transportation, including
without limitation any curb control sign, parking meter, vehicular
traffic sign or signal, pedestrian traffic sign or signal, barricade
reflectors; (2) access to any public transportation vehicles, shelters,
street furniture or other improvements at any public transportation
stop (including, without limitation, bus stops, streetcar stops, and
bike share stations); (3) worker access to above-ground or underground
infrastructure owned or operated by any public or private utility
agency; (4) fire hydrant access; (5) access to any doors, gates, sidewalk
doors, passage doors, stoops or other ingress and egress points to
any building appurtenant to the right-of-way; or (6) access to any
fire escape.
[Ord. No. 1085, 8/19/2020]
1.
Authorization to Retain Independent Consultants. The Borough may
at any time in the review process, select and retain an independent
consultant with expertise in telecommunications in connection with
any permit application. In the event that the Borough decides to retain
an independent consultant for technical review, it shall send written
notice to the applicant including a nonbinding estimate of the cost
for such review. The applicant shall have five business days from
the date of mailing of notice to elect to withdraw the application
without any liability for any costs or expenses in connection with
the independent technical review.
2.
Recovery of Additional Costs Incurred in Processing Application.
The Borough is authorized to charge the applicant for recovery of
additional, reasonable costs incurred in its analysis, evaluation,
and response to an application under this chapter if the actual costs
of review exceed the application fee. Nothing in the reasonableness
limitation on additional costs shall be construed to bar or limit
the Borough's authority to incur costs it deems necessary or
appropriate in connection with the application. Additional costs may
include unforeseen Borough staff review costs and the costs of third-party
technical experts hired to assist with reviewing the application.
No Borough building or wireless ROW permits shall issue until and
unless the applicant pays the application fee and such additional
costs as are authorized to be recovered under this subsection.
3.
Reimbursement. All costs recovered under this Part shall be used
to reimburse the Borough for its costs incurred in responding to applications
and monitoring installation and maintenance of wireless communications
facilities in the right-of-way.
[Ord. No. 1085, 8/19/2020]
1.
Any WCF sited in the public ROW that is legally in existence on the
date of the adoption of this chapter, but that does not comply with
the requirements of this Part, shall be permitted to remain in the
right-of-way but shall be considered a nonconforming WCF.
2.
If a nonconforming WCF is damaged or destroyed beyond repair, any
replacement facility must be designed in accordance with all provisions
of this Part.
3.
The provisions in this section shall not be applied to prohibit or
deny any collocation or modification as required by FCC regulations.
[Ord. No. 1085, 8/19/2020]
1.
Any person who shall erect, construct, reconstruct, alter, repair,
convert, attach, or maintain any WCF in violation of any of the terms
of this chapter, or who, being the owner or agent of the owner of
any lot, tract, or parcel of land, shall suffer or permit another
to erect, construct, reconstruct, alter, repair, convert, attach,
or maintain any such facility, shall be deemed to have violated the
provisions hereof and commits a separate offense each day during the
period such violation continues.
2.
If any WCF is erected, constructed, reconstructed, altered, repaired,
converted, attached, or maintained in violation of this Part or of
any regulations made pursuant hereto, the proper officer of the Borough,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding, whether by legal process or
otherwise, to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, attachment, or use, to
restrain, correct, or abate such violation, to prevent the use of
such facility, and/or to prevent any illegal act, conduct, business,
or use in or about such facility.
3.
The Borough is authorized to make requests and to issue orders regarding
WCF in the public ROW for the purpose of public safety and compliance
with this Part. The Borough and its authorized agents is also authorized
to conduct visual and external inspections of WCF and support structures
in the public ROW at any time and shall make efforts to coordinate
with the provider responsible for a WCF for any internal inspection
of the relevant equipment.
