[Adopted 3-12-2001 by Ord. No. 369]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
APPLICANT
The person who has applied for a right-of-way permit or a
construction permit.
APPLICATION
The form prescribed by the Borough of Bradford Woods which
the applicant must complete in order to obtain a right-of-way permit.
COLLOCATION
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Added 10-14-2019 by Ord. No. 461]
CONSTRUCTION
The building, erection, or installation in, on or under a
right-of-way. It does not include maintenance or repair of equipment
in a right-of-way or a single line extension from equipment in the
right-of-way.
CONSTRUCTION PERMIT
The document that must be obtained before a person may perform
construction in a right-of-way.
EMERGENCY
An interruption of service or a condition that poses a clear
and immediate danger to life or health, or significant loss of property.
EQUIPMENT
Any tangible property located or proposed to be located in
a right-of-way, including, but not limited to, wires, lines, cables,
conduits, pipes, supporting structures or other facilities.
IN
When used in conjunction with rights-of-way, means over,
above, in, within, on or under a right-of-way.
MAINTENANCE
Work of a minor nature that will keep an existing condition
from failure or decline.
PERSON
Any individual, firm, partnership, association, corporation,
company or other business entity.
RIGHT-OF-WAY
The surface and space in, on, above and below any real property
in which the Borough of Bradford Woods has an interest in law or in
equity, including, but not limited to, any public street, boulevard,
avenue, road, highway, easement, freeway, lane, alley, court, sidewalk,
parkway, river, tunnel, viaduct, bridge, park, green space or any
other place.
RESTORE or RESTORATION
The process by which a right-of-way is returned to a state
that is as good as or better than its condition before construction.
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by the Borough of Bradford
Woods to an applicant for use of the rights-of-way in the Borough
of Bradford Woods for wires, lines, cables, conduits, pipes, supporting
structures and other facilities.
SMALL WIRELESS FACILITIES
Also referred to here in as "small cells," consistent with
47 CFR § 1.312(e)(2), are facilities that meet each of the
following conditions:
[Added 10-14-2019 by Ord. No. 461]
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height including
their antennas as defined in section 1.1320(d), or
(2)
Are mounted on structures no more than 10% taller than other
adjacent structures, or
(3)
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
B.
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of antenna in section
1.1320(d)] is no more than three cubic feet in volume;
C.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
D.
The facilities do not require antenna structure registration under §
171-17 of this chapter;
E.
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
F.
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
section 1.1307(b).
STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or commingled with other types of services), or for other communications
related purposes.
[Added 10-14-2019 by Ord. No. 461]
TELECOMMUNICATIONS SERVICES
The services offered to customers involving the transmission
of video, data and/or voice communications and/or content, both active
and interactive, and associated usage.
TOWER
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities
or for supporting similar infrastructure deployments, including structures
that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services (i.e., wifi) and fixed wireless
services (i.e., point-to-point microwave transmission) such as microwave
backhaul, and the associated site. A building, water tower, electrical
transmission tower, utility pole, light pole, traffic signal pole,
flag pole or other similar structure designed and constructed for
a sole or primary purpose other than supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities,
as well as a Ft. Worth attachment, shall not be considered a tower.
[Added 10-14-2019 by Ord. No. 461]
A right-of-way permit may be transferred or
assigned, upon 30 days' written notice to the Borough of Bradford
Woods, provided that the transferee/assignee agrees in writing to
comply with all of the obligations and requirements contained in this
article.
A permit holder may be required, prior to construction,
to obtain a performance bond in a reasonable amount set by the Borough
of Bradford Woods based upon the construction cost of the equipment
to be installed in the rights-of-way and the extent of the disturbance
of such rights-of-way. The performance bond shall ensure the permit
holder's faithful performance of its construction obligations. The
Borough of Bradford Woods may reduce or cancel the bond requirement
when construction is completed.
If the Borough of Bradford Woods has reason
to believe that the permit holder violated any of the terms of this
article, it shall notify the permit holder in writing of the nature
of the violation and the section of this article which it believes
has been violated. The permit holder shall have 20 business days to
cure the violation. If the nature of the violation is such that it
cannot be fully cured within such time period, the Borough of Bradford
Woods may, in its reasonable judgment, extend the time period to cure.
If the violation has not been cured within the time period allowed,
it shall be subsequently punishable by a fine of up to $100 per day
until the violation is cured.
The Borough of Bradford Woods, by granting any
permit under this article, does not waive, lessen, impair or surrender
the lawful police powers vested in the Borough of Bradford Woods under
applicable federal, state and local laws pertaining to the regulation
or use of rights-of-way.
The provisions of this article shall be imposed
upon and enforced against all persons requiring a permit from the
Borough of Bradford Woods.
[Added 10-14-2019 by Ord. No. 461]