No siting permit issued under this chapter shall be valid for
a period longer than 12 months unless construction has actually begun
and continuously and diligently is pursued to completion. Upon written
request from the applicant, the Mayor, upon consultation with the
Construction Official, may extend the siting permit for a period of
up to 12 months so long as construction has begun at the time that
the applicant's request for an extension is made.
An applicant whose siting permit includes the installation of any new smart pole structure of any of the types that are defined in §
220-1, Definitions, of this chapter shall provide the Borough of Alpha with access to space within the smart pole structure for the purpose of deploying Borough of Alpha's own equipment, including, but not limited to, public access Wi-Fi, 911 call service or security cameras. Notwithstanding the foregoing, the municipal use shall not interfere with small wireless facilities of any other users of that smart pole. Any municipal use pursuant to this section shall include a reimbursement to the applicant, on an annual basis, of the costs, on a dollar-for-dollar basis, of providing the Borough of Alpha with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Borough of Alpha and the costs of any repairs required to be made to the components used by the Borough of Alpha, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
All ordinances or parts of ordinances inconsistent with this
chapter, to the extent of such inconsistencies only, be and the same
hereby are repealed.
Notwithstanding any provision to the contrary, nothing in this
chapter should be interpreted to have the effect of prohibiting or
effectively prohibiting the deployment of broadband or other communications
services.
This chapter shall take effective immediately upon final passage
and publication as provided by law.