[Added 6-19-2019 by Ord.
No. 17-2019]
A.
Communications antennas relating to a DAS system shall be permitted
in areas in which all utilities are located aboveground regardless
of the underlying zoning district, so long as such antennas are located
on existing poles in the public right-of-way. Antennas shall not be
located on any sign listed in the Manual on Uniform Traffic Control
Devices (MUTCD) nor on any traffic signal pole, mast arm device or
associated equipment.
B.
Communications antennas and support equipment shall be co-located
on existing poles, such as existing utility poles or streetlight poles.
New poles for communications antennas intended to solely support a
DAS system are expressly prohibited unless otherwise approved by the
governing body upon a showing that such installation is absolutely
necessary and can be accomplished in a manner that is consistent with
the following standards:
(1)
Any new DAS pole and its accessory equipment shall be located
so as to not cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrian
or vehicular traffic, or to otherwise inconvenience public use of
the right-of-way as determined by the Borough;
(2)
New DAS poles cannot be located within 1,000 feet of another
pole either on the same side or across the street from an existing
pole used for a DAS system.
(3)
In no case shall a new DAS pole be located within 36 inches
of the exposed back of the curb or from the edge of pavement or within
an easement extending onto privately owned land;
(4)
No new DAS pole shall be located within five feet of a private
driveway or in a manner that would otherwise obstruct visibility from
a private driveway to the public right-of-way.
(5)
Any required accessory equipment intended to support the DAS
pole shall not be located on the ground but shall be placed within
an underground vault or alternatively, be pole-mounted. If pole-mounted,
screening requirements and height and extension from pole limitations
cited herein for co-location shall govern.
(6)
Construction of a new pole shall comply with all applicable
building and electrical code requirements and shall require a construction
permit. Prior to the issuance of a construction permit, the Borough
Engineer shall, at the applicant's cost, review and approve the construction
drawings in conjunction with the Borough Construction Official.
(7)
Any disturbance to the public right-of-way as a result of the
construction of a new pole shall be restored to its original condition
post-construction to the satisfaction of the Borough Engineer;
(8)
A DAS pole shall be maintained in good condition and repair
by qualified maintenance and constructional personnel at the cost
of the responsible party that operates the pole so that the pole shall
not endanger the life of any person or any property in the Town.
(9)
Insurance by each owner or operator of a DAS pole shall provide
to the Borough a certificate of insurance, in a form acceptable to
the Borough Attorney, evidencing general liability coverage in the
minimum amount of $1,000,000 per occurrence and property damage coverage
in the minimum amount of $1,000,000 per occurrence covering the new
pole.
A.
In accordance with applicable law, the Borough reserves the right
to deny an application for a new DAS pole for numerous factors, including
but not limited to, visual impact, design, and safety standards.
B.
Antenna and all support installations for equipment on existing facilities
or new poles shall be designed so as to minimize visual impacts as
follows:
(1)
Antennas and all support equipment shall be treated to match
the supporting structure. Antennas and accompanying equipment shall
be painted, or otherwise coated to be visually compatible with the
support structure upon which they are mounted.
(2)
All equipment shall be compatible in scale and proportion to
the structure upon which they are mounted. All equipment used shall
utilize the smallest and least intrusive technology available.
(3)
There shall be no more than one such antenna per pole. One additional
antenna may be permitted, provided that such antenna can be designed
and accommodated on a pole in a manner that complies with the requirements
of this section.
(4)
No antenna shall exceed a height of four feet above the structure
upon which they are mounted.
(5)
An antenna shall not project more than four inches from the
pole upon which it is attached.
C.
Within 60 days following written notice from the Borough, or such
longer period as the Borough determines is reasonably necessary or
such shorter period in the case of an emergency, an owner of an antenna
in the public right-of-way shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
antenna when the Borough, consistent with its authority under the
police power and state law, shall have determined that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in
the right-of-way;
(3)
The vacation of a street or road or the release of a utility
easement; or
(4)
An emergency as determined by the Borough.
D.
The Borough shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all communication antenna(s)
in the right-of-way based upon public safety, traffic management,
physical burden on the right-of-way, and related considerations. The
applicant/owner/operator of the antenna or DAS system shall be responsible
for the repair of any damage to paving, existing utility lines, or
any surface or subsurface installations arising from its construction,
installation or maintenance.
A.
Each owner or operator of a DAS system or pole shall, at its sole
cost and expense, indemnify, defend and hold harmless the Borough,
its elected and appointed officials, employees and agents, at all
times against any and all claims for personal injury, including death,
and property damage arising in whole or in part from, caused by or
connected with any act or omission of the person, its officers, agents,
employees or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the DAS system
or pole. Each person that owns or operates a DAS system or pole shall
defend any actions or proceedings against the Borough in which it
is claimed that personal injury, including death, or property damage
was caused by the construction, installation, operation maintenance
or removal of a DAS system or pole. Such indemnification shall be
provided to the Borough prior to the issuance of a construction permit
in a form acceptable to the Borough Attorney.
B.
The removal and replacement of a DAS pole and/or its related equipment
for the purposes of upgrading or repairing the pole is permitted,
so long as such repair or upgrade does not increase the overall size,
height or design of the originally approved pole. Any modification
shall require a new permit and authorization by the Borough.
C.
Should it be the intent of the owner or operator of a DAS pole to
abandon the pole and discontinue its use, the owner or operator shall
provide written notice to the Borough of its intent to discontinue
use and the date when the use shall be discontinued. Unused or abandoned
DAS poles shall be removed as follows:
(1)
All unused or abandoned DAS poles and accessory facilities shall
be removed within six months of the cessation of operations at the
site unless otherwise extended by the Borough;
(2)
If the DAS pole and all related facilities are not removed within
six months of the cessation of operations at the site, or within any
longer period approved by the Borough, the DAS pole and all its related
facilities may be removed by the Borough and the cost of removal assessed
against the owner of the DAS pole;
(3)
The Borough may assess appropriate and reasonable permit fees
directly related to the Borough's actual costs in reviewing and processing
the application for approval as well as related inspection, monitoring
and related costs.
(4)
Prior to the approval of the construction permit for the new
DAS pole, the owner or operator of the pole shall provide the Borough
financial security sufficient to guarantee the removal of such pole
in a form acceptable to the Borough Attorney. Said financial security
shall remain in place until the DAS pole is removed.
