[Added 4-24-2017 by Ord.
No. 2017-2]
A.
The purpose of this article is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Jenkintown Borough. While the Borough recognizes the
importance of wireless communications facilities in providing high-quality
communications service to its residents and businesses, the Borough
also recognizes that it has an obligation to protect public safety
and to minimize the adverse visual effects of such facilities through
the standards set forth in the following provisions.
B.
By enacting this article, the Borough intends to:
(1)
Promote the health, safety and welfare of Borough residents
and businesses with respect to wireless communications facilities;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Borough residents and wireless
carriers in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and nontower-based wireless
communications facilities in the Borough, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(5)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(6)
Protect Borough residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape; and
(7)
Update the Borough's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
As used in this article, the following terms shall have the
meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
The Borough of Jenkintown in Montgomery County, Pennsylvania.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or utility or light pole.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that:
Federal Communications Commission.
A WCF or site which consists of a single-pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
All nontower wireless communications facilities, including,
but not limited to, antennas and related equipment. "Nontower WCF"
shall not include support structures for antennas and related equipment.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Borough or to any department or agency of
the Borough.
The surface of and space above and below any real property
in the Borough in which the Borough, Montgomery County or the commonwealth
has a regulatory interest, or interest as a trustee for the public,
as such interests now or hereafter exist, including, but not limited
to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels,
viaducts, bridges, skyways, or any other public place, area or property
under the control of the Borough, Montgomery County or the commonwealth,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Borough, Montgomery County
or the commonwealth. The phrase "in the right(s)-of-way" means in,
on, over, along, above and/or under the right(s)-of-way.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flag poles and light poles.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned land or property.
A freestanding structure such as a tower-based wireless communications
facility or any other support structure that could support the placement
or installation of a wireless communications facility if approved
by the Borough.
The following regulations shall apply to all tower-based wireless
communications facilities:
A.
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based 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 endanger the life of any person
or any property.
B.
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
C.
Height. Any tower-based WCF shall be designed at the minimum functional
height and shall not exceed a maximum total height of 150 feet, which
height shall include all subsequent additions or alterations. All
tower-based WCF applicants must submit documentation to the Borough
justifying the total height of the structure.
D.
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
E.
Maintenance. The following maintenance requirements shall apply:
(1)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
F.
Radio-frequency emissions. No tower-based WCF may, by itself or in
conjunction with other WCFs, generate radio-frequency emissions in
excess of the standards and regulations of the FCC, including, but
not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radiofrequency Electromagnetic Fields," as amended.
G.
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as a community historic structure or has been designated as being of historic significance in the Jenkintown Borough Comprehensive Plan, or is located within the Historic District, as defined by Article II of the Borough Zoning Code.
H.
Identification. All tower-based WCFs shall post a notice in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency, subject to approval by the
Borough.
I.
Lighting. Tower-based WCFs shall not be artificially lighted, except
as required by law and as may be approved by the Borough. If lighting
is required, the applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under state and federal regulations.
J.
Appearance. Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
K.
Noise. Tower-based WCFs shall be operated and maintained so as not
to produce noise in excess of applicable noise standards under state
law and the Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
L.
Aviation safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
M.
Retention of experts. The Borough may hire any consultant(s) and/or
expert(s) necessary to assist the Borough in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this article. The applicant and/or owner of the
WCF shall reimburse the Borough for all costs of the Borough's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
N.
Timing of approval. Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Borough, the Borough shall
notify the applicant in writing of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF, and the Borough
shall advise the applicant in writing of its decision. If additional
information is requested by the Borough to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the one-hundred-fifty-day review period.
O.
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must otherwise comply with
the terms and conditions of this article.
P.
Removal. In the event that use of tower-based WCFs is planned to
be 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. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned tower based WCFs and accessory facilities
shall be removed within six months of the cessation of operation at
the site unless a time extension is approved by the Borough.
(2)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at the site, or within any longer
period approved by the Borough, the WCF and accessory facility and
equipment may be removed by the Borough and the cost of the removal
assessed against the owner of WCF.
(3)
Any unused portion of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Borough must approve all replacements of portions of a tower-based
WCF previously removed.
Q.
Permit fees. 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 of a tower-based WCF, as well
as related inspection, monitoring and related costs.
The following regulations shall apply to tower-based wireless
communications facilities located outside the rights-of-way:
A.
Development regulations.
(1)
Prohibited in certain zones. No tower-based WCF shall be located
in residential districts or within 500 feet of a lot in residential
use or a residential district boundary with the exception of the HR
zoning district, where they may be permitted by special exception.
(2)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision on an
application for approval of tower-based WCFs.
(3)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(4)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
(b)
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
(c)
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use or a residential district boundary.
B.
Notice. Upon receipt of an application for a tower-based WCF, the
Borough shall mail notice thereof to the owner or owners of every
property within 500 feet of the parcel or property of the proposed
facility.
C.
Co-location. An application for a new tower-based WCF shall not be
approved unless the Borough finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Borough that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
D.
Design regulations.
(1)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough. The Borough reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Borough.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
E.
Surrounding environs.
(2)
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI EIA/TIA-222-G, as amended, to document and verify the design
specifications of the foundation of the tower-based WCF, and anchors
for guy wires, if used.
F.
Fence/screen.
(1)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(2)
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
(3)
The WCF applicant shall submit a landscape plan for review and
approval by the Borough Planning Commission for all proposed screening.
G.
Accessory equipment.
(1)
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Borough Engineer, then the ground-mounted
equipment shall be screened from public view using stealth technologies,
as described above.
(2)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
H.
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCFs where technically and economically feasible and that
the WCF applicant shall not unreasonably withhold such permission.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
I.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to a tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Borough that the property owner
has granted an easement for the proposed facility.
J.
Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF outside the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
financial security acceptable to the Borough Solicitor, in an amount
of $100,000, to assure the faithful performance of the terms and conditions
of this article. The financial security shall provide that the Borough
may recover from the principal and surety any and all compensatory
damages incurred by the Borough for violations of this article, after
reasonable notice and opportunity to cure. The owner shall file the
financial security with the Borough.
K.
Visual or land use impact. The Borough reserves the right to deny
an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
L.
Inspection. The Borough reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this article and any
other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
The following regulations shall apply to tower-based wireless
communications facilities located in the rights-of-way:
A.
Prohibited in certain zones. No tower-based WCF shall be located
in residential districts or within 500 feet of a lot in residential
use or a residential district boundary without the exception of the
HR Zoning District where it may be permitted by special exception.
B.
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision on an
application for approval of tower-based WCFs in the ROW.
C.
Notice. Upon receipt of an application for a tower-based WCF, the
Borough shall mail notice thereof to the owner or owners of every
property within 500 feet of the parcel or property of the proposed
facility.
D.
Co-location. An application for a new tower-based WCF in the ROW
shall not be approved unless the Borough finds that the proposed wireless
communications equipment cannot be accommodated on an existing structure,
such as a utility pole or traffic light pole. Any application for
approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Borough that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
E.
Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
F.
Visual or land use impact. The Borough reserves the right to deny
the construction or placement of any tower-based WCF in the ROW based
upon visual and/or land use impact.
G.
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, the WCF applicant shall provide the Borough with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Borough.
H.
Relocation or removal of facilities. 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 tower-based WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Borough, consistent with its police powers and
applicable Public Utility Commission regulations, shall determine
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)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Borough.
I.
Compensation for ROW use. In addition to permit fees as described in § 181-144Q of this article, every tower-based WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual ROW management costs as applied to such tower-based WCF.
J.
Financial security. Prior to the issuance of a permit, the owner
of a tower-based WCF in the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
financial security acceptable to the Borough Solicitor, in an amount
of $100,000, to assure the faithful performance of the terms and conditions
of this article. The financial security shall provide that the Borough
may recover from the principal and surety any and all compensatory
damages incurred by the Borough for violations of this article, after
reasonable notice and opportunity to cure. The owner shall file the
financial security with the Borough.
The following additional regulations shall apply to all nontower
wireless communications facilities located in the rights-of-way:
A.
Co-location. Nontower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles.
B.
Design requirements.
(1)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C.
Compensation for ROW use. In addition to permit fees as described
above, every nontower WCF in the ROW is subject to the Borough's right
to fix annually a fair and reasonable compensation to be paid for
use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Borough's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Borough. The owner of each
nontower WCF shall pay an annual fee to the Borough to compensate
the Borough for its costs incurred in connection with the activities
described above. The annual ROW management fee for nontower WCFs shall
be determined by the Borough and authorized by resolution of the Borough
Board of Supervisors and shall be based on the Borough's actual ROW
management costs as applied to such nontower WCF.
D.
Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all nontower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
E.
Equipment location. Nontower WCFs and accessory equipment shall be
located so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the ROW
as determined by the Borough. In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, or, in the absence
of a curb, the edge of the pavement.
(2)
Ground-mounted equipment shall be located underground. In the
event that an applicant can demonstrate, to the satisfaction of the
Borough Engineer, that ground-mounted equipment cannot be underground,
then all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Borough.
F.
Relocation or removal of facilities. 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 a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Borough, consistent with its police powers and
applicable Public Utility Commission regulations, 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)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Borough.
G.
Visual or land use impact. The Borough retains the right to deny
an application for the construction or placement of a nontower WCF
based upon visual and/or land use impact.
A.
Penalties. Any person violating any provision of this article shall
be subject, upon finding by a Magisterial District Judge, to a penalty
not exceeding $500 for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this article and any other remedy at law or in equity, the Borough
may apply to a Federal District Court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this article.
B.
Determination of violation. In the event a determination is made
that a person has violated any provision of this article, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 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
may, in its reasonable judgment, extend the time period to cure, provided
that the person has commenced to cure and is diligently pursuing its
efforts to cure. If the violation has not been cured within the time
allowed, the Borough may take any and all actions authorized by this
article and/or federal and/or Pennsylvania law and regulations.
C.
Police powers. The Borough, by granting any permit or taking any
other action pursuant to this article, does not waive, reduce, lessen
or impair the lawful police powers vested in the Borough under applicable
federal, state and local laws and regulations.
