[HISTORY: Adopted by the Borough Council of the Borough of
Moosic 2-9-2021 by Ord. No. 11-2021. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish policies and procedures
for the placement of small cell antennas and associated poles in rights-of-way
within the Borough's jurisdiction, in compliance with state and
federal law to the extent it preempts local municipal control, which
will provide public benefit consistent with the preservation of the
integrity, safe usage, and visual qualities of the Borough rights-of-way
and the Borough as a whole.
B.
Intent. In enacting this chapter, the Borough is establishing uniform
standards to address issues presented by small wireless facilities,
including, without limitation, to:
(1)
Provide for the managed development of small cell antennas and associated
poles 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;
(2)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of small cell antennas and associated poles
inside the public rights-of-way;
(3)
Encourage the collocation of small cell antennas on existing structures
rather than the construction of new pole-based structures;
(4)
Ensure that small cell antennas and associated poles will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary;
(5)
Limit interference with the use of streets, sidewalks, alleys, parkways,
public utilities, public views, certain Borough corridors, and other
public ways and places;
(6)
Limit the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(7)
Limit environmental damage, including damage to trees;
(8)
Respect the character of the neighborhoods and other areas in which
facilities are installed; and facilitate rapid deployment of small
cell facilities to provide the benefits of advanced wireless services.
As used in this chapter, 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 private residence-mounted
satellite dishes or television antennae or amateur radio equipment
including, without limitation, ham or citizen band radio antennae.
The mounting or installing of one or more SCAs on an existing
structure; and/or modifying a structure for the purpose of mounting
or installing a SCA on that structure.
Federal Communications Commission.
A self-supporting lattice pole, guy pole, monopole, or any
other pole, that may be utilized to support an antenna for receiving
and/or transmitting a wireless signal.
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Borough.
The antennae, nodes, control boxes, poles, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. An SCA shall also be a facility
that meets each of the following conditions:
The structure on which antenna facilities are mounted;
Are 39 feet or less in height, or up to 50 feet in height as
may be allowed by the Borough as outlined in the "Small Cell Standards"
appeal process; or
Are no more than 10% taller than other adjacent structures;
or
Do not extend existing structures on which they are located
to a height of more than 39 feet or by more than 10%, whichever is
greater.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
Antenna equipment associated with the facility (excluding antennas)
is cumulatively no more than 28 cubic feet in volume.
The facility does not require antenna structure registration
under 47 CFR Part 17; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR S 1.1307(b).
Any person that applies for a SCA permit.
Camouflaging methods applied to SCAs and other related 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
antennae, building-mounted antennae painted to match the existing
structure and facilities constructed to resemble trees, shrubs, and
light poles.
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 comingled with other types of services).
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
A.
No person shall place a SCA, or associated pole, in the right-of-way
without first filing an application and obtaining a permit to do so,
except as otherwise provided in this chapter.
B.
All applications for permit shall be in such form and shall provide
such information as may be lawfully required by the Director of the
Borough of Moosic's Department of Public Works and is consistent
with the FCC small cell order. The Borough of Moosic Department of
Public Works may develop new or additional permit application forms,
checklists, updated aesthetic and safety standards, and other related
materials as required to optimally meet the goals of Moosic, its citizens,
and its leadership.
C.
In considering an application for permit, the Director shall take
into account any objections made to the whole or any part of such
application. The Director may attach to any permit granted hereunder
any conditions or modifications deemed necessary.
D.
Collocation. An application for a SCA requiring a newly constructed
pole in the right-of-way shall not be approved unless the applicant
provides evidence that SCA cannot be accommodated on an existing pole
within 260 feet of the proposed location because use of the existing
pole imposes technical limits, or would involve additional material
costs.
E.
R.F. certification. An application for a SCA shall include design
and operation certification by a PA PE licensed RF engineer that the
proposed SCA(s) comply with FCC regulations governing RF emissions
and safety-related signage.
F.
Time limit for work. The proposed collocation, the modification or
replacement of a pole or the installation of a new pole with SCAs
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the municipality
and the applicant agree in writing to extend the period.
A.
Application fee. All applications for collocation on an existing
pole shall be accompanied by a fee of $500 for a single up-front application
that includes up to five SCAs, with an additional $100 fee for each
SCA beyond five. All applications for new or replacement poles shall
be accompanied by a fee of $1,000 per new of replacement pole.
B.
Annual maintenance fee for right-of-way use. Every SCA in the right-of-way
is subject to the Borough's right, in accordance with state and
federal law, to fix annually a fair and reasonable compensation to
be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Borough's
actual right-of-way management costs including, but not limited to,
the costs of the administration and performance of all reviewing,
inspecting, documenting, permitting, supervising and other right-of-way
management activities by the Borough. Owners of SCAs shall pay the
following fees to compensate the Borough for the Borough's costs
incurred in connection with the activities described above.
C.
The annual fee shall be set by separate resolution.
A.
Standard of care. All SCAs 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 Americans
With Disabilities Act Guidelines (ADA), American National Standards
Institute (ANSI) Code, National Electrical Safety Code (NESC), National
Electrical Code (NEC), the Occupational Safety and Health Act (OSHA),
Pennsylvania Public Utilities Commission (PUC) regulations and the
Federal Communications Commission (FCC) Regulations, as well as the
accepted and responsible workmanlike industry practices of the National
Association of Tower Erectors (NATE). Any SCA 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 in the Borough.
B.
All SCAs must comply with the design requirements of the Borough
of Moosic's current small cell antenna general design and construction
standards, and compliance will be a basis of permit issuance.
C.
The SCA shall employ the most current stealth technology commercially
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the SCA applicant shall be subject to
the approval of the Borough.
D.
Subject to applicable law, any height extensions to an existing pole
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 which are stated in the design requirements published
at the time of application.
E.
Where technically feasible and subject to reasonable aesthetic and
cost considerations, any proposed SCA shall be designed structurally,
electrically, and in all respects to accommodate both the SCA applicant's
antennae and comparable antennae for future users.
F.
Operating frequency and transmission power range.
(1)
Frequencies: All applications for a new small cell antenna installation
shall use one of the licensed frequency bands for 5G. No use of shared
bands will be allowed in order to minimize interference with Borough
traffic and police band uses.
(2)
If the Borough experiences interference to any of its police cameras,
traffic control systems, or any other Borough radio devices, immediately
after the installation and initial operation of a SCA facility, the
Borough may require the SCA owner of the newly installed SCA to adjust
their operation and/or perform a radio study to prove the new facility
is operating within FCC permitted SCA frequencies and power output
ranges.
A.
A wireless provider shall repair all damage to the right-of-way or
any other land so disturbed, directly caused by the activities of
the wireless provider and return the right-of-way to its functional
equivalence as it existed prior to any work being done in the right-of-way
by the wireless provider.
B.
If the wireless provider fails to make the required repairs within
30 days after written notice, the Borough may perform those repairs
and/or remove the damaged article(s) and charge the wireless provider
the reasonable, documented cost of the repairs.
C.
The Borough may suspend the ability of an SCA applicant to receive
a new permit from the Borough until the applicant has paid any and
all outstanding repair costs to the Borough.
As a condition of approval for all new poles for SCAs in the
right-of-way, the SCA applicant shall provide the Borough with a written
commitment that it will allow the Borough and/or other service providers
to collocate antennae on their poles where technically and commercially
reasonable. Written approval is not required if the additional antennae
are contained within a previously approved shroud designed to include
the additional antennae. Providers shall notify the Borough when adding
any additional antennae under previously approved shrouds.
A.
Notice. Within 90 days following written notice from the Borough,
a wireless provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change, or alter the
position of any SCA or pole for which it has a permit hereunder whenever
the Borough has determined that such removal, relocation, change or
alteration, is reasonably necessary for the construction, repair,
maintenance, or installation of any Borough improvement in or upon,
or the operations of the Borough in or upon, the right-of-way and
all other occupiers of the same right-of-way are required to relocate
their facilities in a similar manner.
B.
Emergency removal or relocation of facilities. The Borough retains
the right to cut or move any SCA or pole located within the right-of-way,
as the Borough may determine to be necessary, appropriate, or useful
in response to any public health or safety emergency. If circumstances
permit, the Borough shall notify the wireless provider and provide
it an opportunity to move its SCA or pole prior to cutting or removing
them, and in all circumstances shall promptly notify the wireless
provider after cutting or removing a SCA or pole. The Borough may
recover the actual cost of such removal from the wireless provider.
C.
Abandonment of facilities. The Borough may require a wireless provider
to remove an abandoned SCA or pole permitted hereunder within 90 days
of abandonment. The Borough shall notify the wireless provider in
writing if the Borough requires removal of the abandoned SCA or pole.
Should the wireless provider fail to timely remove the abandoned SCA
or pole, the Borough may remove the SCA or pole after reasonable written
notice to the wireless provider of the Borough's intent to remove
the SCA or pole, and may recover the actual cost of such removal from
the wireless provider. A SCA or pole shall be deemed abandoned at
the earlier of the date that the wireless provider indicates in any
way that it is abandoning the SCA or pole, or the date that is 90
days after the date that the SCA or pole ceases to be used, unless
the wireless provider gives the Borough reasonable evidence that it
is diligently working to place the SCA or pole back in service.
A.
Within 10 business days of receiving an initial application, the Borough will determine and notify the applicant in writing whether the application is materially complete. If an application is materially incomplete, the Borough will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The application review periods set forth in Subsection C shall restart at zero on the date which the applicant submits all the documents and information identified by the Borough to make the application complete.
B.
If the applicant's supplemental submission(s) fails to make the application complete, and the Borough notifies the applicant within 10 business days of the supplemental submission, the application review period set forth in Subsection C shall be tolled until the applicant provides the missing documents and information. The application review period resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the Borough to render the application complete.
C.
All applications shall be processed on a nondiscriminatory basis,
and the Borough shall approve or deny an application for:
A.
Every owner of an SCA or pole located in the public right-of-way
shall at all times fully indemnify, protect and save harmless, the
Borough of Moosic, from and against all claims, actions, suits, damages
and charges, and against all loss and necessary expenditures arising
out of the installation and operation of the SCA or pole, or from
the neglect or failure to maintain its equipment in good order and
condition.
B.
Every owner of a SCA or pole shall procure and maintain insurance
to protect themselves and the Borough of Moosic from any and all claims
for damages to property and/or personal injury, including death, which
may arise from their operations and the maintenance of the SCA or
pole. Certificates of insurance shall name the Borough of Moosic as
additionally insured and shall be filed with the Borough Code Enforcement
Officer at the time of the permit application and kept in force at
all times. The limits of insurance shall be subject to the approval
of the Borough. Notwithstanding the foregoing, a wireless provider
may self-insure the required insurance under the same terms and conditions
as outlined above.
This chapter supersedes all chapters or parts of chapters adopted
prior hereto that are in conflict herewith, to the extent of such
conflict.
In the event that applicable federal or state laws or regulations
conflict with the requirements of this chapter, the wireless provider
shall comply with the requirements of this chapter to the maximum
extent possible without violating federal or state laws or regulations.
A permit from the Borough authorizes an applicant to undertake
only certain activities in accordance with this chapter, and does
not create a property right or grant authority to the applicant to
impinge upon the rights of others who may already have an interest
in the right-of-way.
A.
Police powers. The Borough, by granting any permit or taking any
other action pursuant to this chapter, does not waive, reduce, lessen
or impair the lawful police powers vested in the Borough under applicable
federal, state and local laws and regulations.
B.
Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all SCAs in the right-of-way based on public safety, traffic management,
physical burden on the right-of-way, 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.
C.
Severability. If any section, subsection, sentence, clause, phrase
or word of this chapter is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this chapter invalid.
D.
When effective. This chapter shall become effective 10 days after
adoption.
A.
Any person violating the provisions of this chapter will, upon conviction
thereof, be fined not more than $600 for each and every offense, together
with costs, and in the default of payment thereof, be imprisoned for
not more than 30 days. Each failure to obtain a permit, or having
obtained a permit, to comply with any of the requirements of this
chapter, and each day during which such violation continues, will
constitute a separate offense.
B.
The Borough reserves the right to deny the issuance of future permits
to any person or company who violates the provisions of this chapter.
