[Ord. No. 2019-549, 2/13/2019]
As used in this Part, the following terms shall have the meanings
indicated:
DISTRIBUTIVE ANTENNA SYSTEMS (DAS) or DAS FACILITIES
A network of one or more antennas and fiber optic nodes typically
mounted to streetlight poles, or utility structures, which provides
access and signal transfer services to one or more third-party wireless
service providers. DAS Facilities shall also include the equipment
location, sometimes called a "hub" or "hotel" where the DAS network
is interconnected with third-party wireless service providers to provide
the signal transfer services. The term shall be construed to include
supporting cables, wires, braces, masts or other appurtenances.
PUBLIC UTILITY
Any person, corporation or other entity that is regulated
as a public utility by, and subject to the exclusive jurisdiction
of, the Public Utility Commission of the Commonwealth of Pennsylvania.
[Ord. No. 2019-549, 2/13/2019]
No person, corporation or other entity shall install or operate
DAS Facilities in a public right-of-way within Red Hill Borough without
first applying for and receiving a permit from the Borough in a form
and subject to such terms and conditions as are acceptable to the
Borough. A permit shall be obtained before any construction, installation,
maintenance, repair or replacement work is performed.
[Ord. No. 2019-549, 2/13/2019]
The following minimal design parameters shall apply to DAS Facilities
located in Red Hill Borough public right-of-ways:
A. Any new DAS Facilities, including without limitation, DAS poles,
shall be located so as to not cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to create safety hazards to
pedestrian or vehicular traffic, or to otherwise inconvenience public
use of the right-of-way as determined by Red Hill Borough. Antennae
or other equipment shall be located so as to provide sufficient separation
distance from power lines and similar facilities.
B. In residential areas, DAS Facilities shall be located in line with
a side lot line. Where this is not possible, DAS Facilities should
be placed within the side yard of a lot rather than in front of a
dwelling.
C. Issuance of a permit by Red Hill Borough shall allow installation
of DAS Facilities only on those poles or other structures and in those
locations approved and identified in the permit. Installation on any
different facilities or at any other locations shall require written
amendment of the permit.
[Ord. No. 2019-549, 2/13/2019]
A. The applicant shall submit a copy of the following supporting materials
with its permit application:
(1)
The certificate of public convenience issued to the applicant
by the Public Utility Commission for the DAS Facilities to which the
permit application pertains.
(2)
If the installation will impact private property adjacent to
the public right-of-way, the written consent of the property owner
or a final Order of Condemnation, not subject to appeal, from the
appropriate court.
(3)
One or more map(s) identifying the location of all proposed
DAS Facilities. The map(s) shall be legible, drawn to scale, labeled
with streets, and contain sufficient detail to clearly identify the
locations and surroundings of the proposed DAS Facilities. The map(s)
shall include the proposed height for all requested poles.
(4)
The permit fee described in §
21-706 of this Part.
B. The applicant shall be responsible to obtain such other permits and
approvals as are required by Federal or State law.
[Ord. No. 2019-549, 2/13/2019]
A. The Borough shall be informed at least 48 hours in advance of the
time, place and manner of construction, maintenance, repair and/or
removal of all DAS Facilities in the public right-of-way to enable
the Borough to ensure public safety, traffic management and related
considerations.
B. The owners of lots impacted or likely to be impacted by the construction,
maintenance, repair and/or removal of DAS Facilities shall be informed
at least 48 hours in advance by the applicant/owner/operator of the
DAS Facilities, by written notice addressed to the property owner's
last known mailing address or, if the location of the property owner
is not known, by written notice posted on the lot, of the time, place
and manner of the construction, maintenance, repair and/or removal
activities.
C. The applicant/owner/operator of the DAS Facilities shall be responsible
for the repair and restoration to its original condition as existed
immediately prior to performance of the work of any damage to paving,
curbing, sidewalk, existing utility lines, stormwater management facilities
or any other surface or subsurface installations, arising from the
construction, installation or maintenance of the DAS Facilities. The
restoration work shall be performed to the satisfaction of Red Hill
Borough upon advice of the Borough Engineer.
[Ord. No. 2019-549, 2/13/2019]
A. A permit fee, as established from time to time by duly adopted resolution
of Borough Council, shall accompany each application for a DAS Facilities
permit. The permit fee shall be directly related to the Borough's
actual costs in reviewing and processing the application.
B. Borough Council may, by duly adopted resolution from time to time,
establish an annual maintenance fee, the amount of which shall be
directly related to the Borough's actual costs and expenses incurred
in maintaining the traffic poles and other structures within the public
right-of-way on which the DAS Facilities are situated.
C. The applicant/owner/operator of the DAS Facilities shall be responsible
for the payment of all costs and expenses associated with the provision
of electricity or other utility power required for the operation and
maintenance of the DAS Facilities.
D. No fees other than the permit fee, annual maintenance fee and actual
utility costs incurred shall be assessed by the Borough.