[Ord. No. 1215, 10/4/2021]
This Part shall be referred to as the "Small Wireless Facilities Ordinance."
[Ord. No. 1215, 10/4/2021]
1. 
Purpose. The purpose of this Part is to establish policies and procedures for the placement of small wireless facilities and associated utility poles in rights-of-way within the Borough of Emmaus jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Borough's rights-of-way and the Borough as a whole.
2. 
Intent. In enacting this Part, the Borough is establishing uniform standards to address issues presented by small wireless facilities, including, without limitation, to:
A. 
Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, certain Borough corridors, and other public ways and places;
B. 
Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
C. 
Limit interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
D. 
Limit environmental damage, including damage to trees;
E. 
Respect the character of the neighborhoods and other areas in which facilities are installed; and
F. 
Facilitate rapid deployment of small wireless facilities to provide the benefits of advanced wireless services to the Borough and its residents.
[Ord. No. 1215, 10/4/2021]
1. 
As used in this Part, the following terms shall have the meanings indicated:
ANTENNA
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.
APPLICABLE CODES
A. 
Uniform building, fire, electrical, plumbing or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons; and
B. 
Local zoning, land use, streets and sidewalks, rights-of-way and permitting ordinances that comply with this act.
APPLICANT
A communications service provider that submits an application.
APPLICATION
A request submitted by an applicant to a municipality:
A. 
For a permit to co-locate small wireless facilities; or
B. 
To approve the installation, modification or replacement of a utility pole with small wireless facilities attached.
BOROUGH
Borough of Emmaus, Lehigh County, Pennsylvania.
CO-LOCATE
To install, mount, maintain, modify or replace small wireless facilities on an existing utility pole or other wireless support structure.
CODE
The Code of Ordinances of the Borough of Emmaus.
COMMUNICATIONS FACILITY
A set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide a communications service.
COMMUNICATIONS SERVICE PROVIDER
A. 
A cable operator as defined in § 602(4) of the Cable Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)];
B. 
A provider of information service as defined in § 3(20) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)];
C. 
A telecommunications carrier as defined in § 3(44) of the Communications Act of 1934 [47 U.S.C. § 153(51)]; or
D. 
A wireless provider.
DAY
Calendar day.
EMERGENCY
A condition that:
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the right-of-way to be unusable and result in loss of the services provided.
FCC
The Federal Communications Commission of the United States.
FEE
A one-time charge or recurring charge.
LAW
Federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITY
A small wireless facility that:
A. 
Does not exceed two cubic feet in volume; and
B. 
Has an exterior antenna no longer than 11 inches.
PERMIT
A written authorization of general applicability required by the Borough to perform an action or initiate, continue, or complete a project.
PERSON
An individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization, including the Borough.
RATE
A recurring charge.
RIGHTS-OF-WAY or ROW
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.
SMALL WIRELESS FACILITY
The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications: 1) each antenna associated with the deployment is no more than three cubic feet in volume; 2) the volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this definition.
UTILITY POLE
A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: 1) equipment associated with wireless communications; and 2) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is co-located or the coaxial or fiber-optic cables that are not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
A person authorized by the Pennsylvania Public Utility Commission to provide telecommunications service in this commonwealth that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless services provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
Any services, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER
A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE
Shall have the same meaning given to it in the Act of October 24, 2012 (P.L. 1501, No. 191), known as the Wireless Broadband Co-location Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
2. 
It is the intention of this Part to incorporate the definitions set forth in Act 50[2] in full and to the extent that there is any variance between the Act 50 definitions and the definitions set forth above, the Act 50 definitions shall control.
[2]
Editor's Note: See 53 P.S. § 11704.1 et seq.
[Ord. No. 1215, 10/4/2021]
This Part hereby reaffirms Borough of Emmaus Ordinance No. 1202 which makes small wireless facilities a permitted use in all the zoning districts. Nothing herein shall be construed as allowing for small wireless facilities in areas of the Borough with underground utilities only except in conformance with the provisions of Act 50 of 2021.[1]
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
[Ord. No. 1215, 10/4/2021]
This Part shall hereby reaffirm the Borough's aesthetic Ordinance No. 1209[1] which sets forth reasonable and appropriate aesthetic standards for all small wireless facilities located within the Borough.
[1]
Editor's Note: See Ch. 13, Part 6.
[Ord. No. 1215, 10/4/2021]
1. 
Permit Required. It is hereby required that an applicant must obtain one or more permits to perform the following within the Borough's rights-of-way:
A. 
Co-locate, maintain and modify small wireless facilities;
B. 
Replace existing utility poles for co-location;
C. 
Install new utility poles with attached small wireless facilities.
2. 
The permits shall be of general applicability and shall not apply exclusively to small wireless facilities. The Borough shall receive applications for co-location or for installation, modification or replacement of utility poles with small wireless facilities attached and process and issue permits, subject to the requirements of all applicable codes.
3. 
Application Requirements for Permits. The applicant shall be required to provide the following information to accompany its request for a permit under this Part which shall include the following:
A. 
Documentation with an application that includes construction and engineering drawings, demonstrates compliance with the criteria specified under Subsection (f) of Act 50[1] and includes all necessary approval from the pole owner.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
B. 
Self-certify that the filing and approval of the application is required by the wireless provider to provide additional capacity or coverage for wireless services. Nothing in this subsection shall be construed to permit the Borough to require an applicant to submit information about an applicant's business decisions with respect to its service, customer demand for service or quality of service.
C. 
Documentation showing compliance with the objective design guidelines contained in the Borough's aesthetic Ordinance No. 1209.[2]
[2]
Editor's Note: See Ch. 13, Part 6.
4. 
Applications Not Required. Applications shall not be required for the following:
A. 
Routine maintenance or repair work;
B. 
The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same or smaller and still qualify as a small wireless facility;
C. 
The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communication service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.
5. 
The Borough may require a permit for an applicant to perform work within the right-of-way for activities which are immediately set forth above under Subsection 4 if the applicable work involves excavation, closure of a sidewalk or closure of a vehicular lane on a highway or cartway.
6. 
Application Fees. All applications for permits shall be accompanied by a fee of $500 for a single up-front application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five; and $1,000 in nonrecurring fees for each new associated utility pole.
7. 
Consolidated Applications.
A. 
An applicant may submit a consolidated application for up to 20 small wireless facilities, if all the small wireless facilities in the consolidated application are substantially the same type.
B. 
If the Borough denies the application for one or more small wireless facilities, or one or more small wireless facilities in a consolidated application, the Borough may not use the denial as a basis to delay the application process of any other small wireless facility in the same consolidated application.
C. 
A single permit may be issued for siting and co-locating multiple small wireless facilities spaced to provide wireless coverage in a contiguous area.
[Ord. No. 1215, 10/4/2021]
1. 
Review of Small Wireless Facility and Utility Pole Applications.
A. 
Within 10 days of receiving an initial application, the Borough will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, as determined in the Borough's discretion, 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 shot clock set forth in Subsection 1B of this section 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. If the applicant's supplemental submission fails to make the application complete, and the Borough notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in Subsection 1B shall be tolled until the applicant provides the missing documents and information. The shot clock 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.
B. 
All applications shall be processed on a nondiscriminatory basis, and the Borough shall approve or deny an application for: i) co-location of small wireless facility on an existing, permitted structure within 60 days of receipt of the compliant application; or ii) within 90 days for applications to deploy a small wireless facility using a new, permitted structure.
C. 
An applicant and the Borough may enter into a written agreement to toll the time periods set forth in Subsection 1B.
D. 
If the Borough fails to issue a decision on an application for a small wireless facility within the required time periods set forth in this Part, the application shall be deemed approved.
E. 
The Borough may deny a proposed co-location of a small wireless facility or installation or modification of a utility pole if the proposed application is not in compliance with the following:
(1) 
The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement.
(2) 
The small wireless facility fails to comply with this Part.
(3) 
The small wireless facility fails to comply with the requirements specified under the Pennsylvania small wireless facilities Deployment Act (Act 50 of 2021).[1]
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
(4) 
The applicant fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.
F. 
The Borough shall document the basis for a denial, including the specific code provisions on which the denial was based. The applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of the denial without paying an additional application fee. The Borough shall approve or deny the revised application within 30 days.
2. 
Permit Scope and Effect. Installation, modification, or co-location for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the Borough and the applicant agree to extend this period. Approval of an application authorizes the applicant to:
A. 
Undertake the installation, modification, or co-location; and
B. 
Subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain the small wireless facilities and any associated utility pole covered by the permit for a period of not less than five years, which the Borough, upon application, shall renew for equivalent durations so long as the facilities are in compliance with the criteria set forth in Subsection 4(A)(3) and Section 5 of this Part.
3. 
Authority Granted; No Property Right or Other Interest Created. A permit from the Borough authorizes an applicant to undertake only certain activities in accordance with this Part, 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 ROW.
[Ord. No. 1215, 10/4/2021]
1. 
The Borough of Emmaus shall charge an annual fee for the use of the ROW by a wireless provider in the amount of $270 per installed wireless facility and $270 for a new utility pole. If the FCC adjusts its levels for fees for small wireless facilities, the Borough may adjust any impacted rate or fee contained within this Part on a pro rata basis and consistent with the FCC's adjustment. If any court order or legislation repeals the rates outlined in the FCC order, then the monetary amount contained within this order may increase 3% annually at the direction of the municipality. The municipality will have the right to make said adjustments in its schedule of fees and charges rather than by amending this Part.
2. 
The annual fee shall be calculated and paid by the wireless provider on a calendar year basis. It shall include all small wireless facilities and/or poles being used for that purpose which are existing as of January 1 of that year. The wireless provider will be billed for the same and will pay the fee in advance for the following year within 30 days of January 1 of that year. Any failure to make said payments will result in a revocation of the permit for the facility or a pole and, if remedied, will require the payment of 6% interest on an annual basis pro-rated for the number of days delinquent after the thirty-day due date.
3. 
If the wireless provider installs a new small wireless facility or a new pole with a small wireless facility during a year after its annual payment has been made, it shall be billed for that calendar year on a pro-rated basis for the use of the Borough's ROW.
4. 
It is specifically understood that the above fees are for the use of the municipal ROW. The Borough is not imposing a charge on the wireless provider any separate fee to co-locate on municipal-owned poles.
[Ord. No. 1215, 10/4/2021]
1. 
Technical Requirements. Small wireless facilities and utility poles installed to support small wireless facilities in the ROW shall comply with the following requirements:
A. 
Height of New Small Wireless Facilities. New small wireless facilities in the ROW may not extend more than 50 feet above ground level.
B. 
Height of Modified Utility Poles Installed to Support Small Wireless Facilities. Each modified utility pole installed in the ROW shall not exceed five feet above the utility pole for modified poles.
C. 
Maximum Size. The small wireless facility must conform to the size and height limitations as defined for a small wireless facility in this Part.
D. 
Utility Poles. Utility pole installations, modifications, and replacements relating to small wireless facility co-locations shall be fabricated from material having a degree of strength capable of supporting the small wireless facility, and shall be capable of withstanding wind forces and ice loads in accordance with applicable standards. A modification, installation, or replacement shall be securely bound in accordance with applicable engineering standards.
E. 
Color. To the extent technically feasible, small wireless facilities shall be of a color that is consistent with or most blends into the structure on which they are installed, unless a different color, approved by the Borough, is needed for public safety or service reliability reasons.
F. 
Wiring and Cabling. Wires and cables connecting the antenna and appurtenances serving the small wireless facility shall be installed in accordance with the version of the National Electrical Code and National Electrical Safety Code adopted by the Borough and in force at the time of installation. In no event shall wiring and cabling serving the small wireless facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility, or telephone utility.
G. 
Guy Wires Restricted. Guy wires and similar support structures may not be used as part of the installation of any small wireless facility, unless the small wireless facility is proposed to be attached to an existing utility pole that incorporated guy wires prior to the date of the small wireless application.
H. 
Grounding. The small wireless facility, including any ground-mounted equipment, shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the Borough regarding grounding of wireless facilities.
I. 
Signage. Other than the minimal size of warning or notification signs as required by federal law or regulations, or small identification and location markings, a small wireless facility shall not have signs installed thereon.
J. 
Access. Wireless providers and their employees, agents, and contractors shall have the right of access to utility poles, wireless support structures, and small wireless facilities in the ROW at all times for purposes consistent with this Part.
2. 
Other Requirements. A wireless provider that seeks to co-locate small wireless facilities or install or modify a utility pole supporting small wireless facilities shall be subject to the following requirements:
A. 
Small wireless facilities shall be located such that they do not interfere with public health or safety facility, such as, but not limited to, a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility. New utility poles and small wireless facilities shall not be installed directly over any water, sewer, or reuse main or service line.
B. 
To the extent technically feasible, new utility poles installed to support small wireless facilities shall be made of the same or similar material as existing poles in the immediate area.
C. 
Any tree-disturbing activity necessary for the installation or co-location of small wireless facilities and utility poles installed to support them shall comply with any applicable Shade Tree Commission and Borough Code and permitting requirements related to tree trimming and/or removal.
D. 
Small wireless facilities and utility poles or wireless support structures on which they are co-located shall not be lighted or marked by artificial means, except when small wireless facilities are co-located on a light pole or where illumination is specifically required by the Federal Aviation Administration or other federal, state, or local regulations.
E. 
A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the ROW. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.
F. 
Small wireless facilities shall blend in with the surrounding environment or be otherwise concealed to the extent practicable.
G. 
No small wireless facility may bear any signs or advertising devices other than certifications, warnings, or other information as required by federal or state law and/or regulation or by the Borough Code of Ordinances.
3. 
Undergrounding Provisions. To the extent doing so would not result in an effective prohibition under applicable federal or state law, the applicant shall comply with requirements that prohibit communications service providers from installing structures in the ROW in areas designated solely for underground or buried cable and utility facilities where the Borough has required all cable and utility facilities other than Borough poles and attachments to be placed underground by a date certain that is three months prior to the submission of the application.
4. 
Waivers. A wireless provider may seek a waiver of the requirements in Subsection 3 above, which may be granted by Borough Council in accord with the provisions of Act 50.[1]
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
[Ord. No. 1215, 10/4/2021]
1. 
Notice. Within 90 days following written notice from the Borough, wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter the position of any small wireless facilities or utility 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 ROW. In such cases the Borough shall work with the provider to allow for continuity of service and use of an alternative location as needed.
2. 
Emergency Removal or Relocation of Facilities. The Borough retains the right to cut or move any small wireless facilities or utility poles located within the ROW, 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 small wireless facilities or utility poles prior to cutting or removing them, and in all circumstances shall promptly notify the wireless provider after cutting or removing a small wireless facility or utility pole.
3. 
Abandonment of Facilities. The Borough may require a wireless provider to remove an abandoned small wireless facility or utility pole permitted hereunder within 180 days of abandonment. Should the wireless provider fail to timely remove the abandoned small wireless facility or utility pole, the Borough, upon providing 60 days' prior written notice to provider, may remove the small wireless facility or utility pole to be removed and may recover the actual cost of such removal from the wireless provider. A small wireless facility or utility pole shall be deemed abandoned at the earlier of the date that the wireless provider indicates in any way that it is abandoning the small wireless facility or utility pole, or the date that is 180 days after the date that the small wireless facility or utility pole ceases to be used, unless the wireless provider gives the Borough reasonable evidence that it is diligently working to place the small wireless facility or utility pole back in service.
[Ord. No. 1215, 10/4/2021]
1. 
Upon substantial completion of a permitted small wireless device or removal, the wireless provider shall provide the Borough written notice of the same on a form provided by the Borough (or by letter) containing the following information:
A. 
Exact location of the device within the right-of-way;
B. 
Number or other identifying designation of the device;
C. 
Date of installation or removal;
D. 
Self-certify that the small wireless device was installed in accord with the information submitted with the application for permit (or device removal);
E. 
Name of contact person at wireless provider with telephone number or email.
2. 
The above information will allow the Borough to have knowledge of the location of all devices in its right-of-way for public safety and serve as the basis for calculation of the applicable pro rata right-of-way fee.
[Ord. No. 1215, 10/4/2021]
1. 
When a wireless provider applies to install a new utility pole, the Borough of Emmaus hereby requires the wireless provider to demonstrate the following:
A. 
It cannot meet the service reliability and functional objectives of the application by co-locating on an existing utility pole or municipal pole instead of installing a new pole.
B. 
The municipality requires that the wireless provider self-certify that the wireless provider has made this determination in good faith.
C. 
Provide the municipality with a documented summary of the basis for the good faith determination.
2. 
The wireless provider's determination of the need for a new pole shall be based upon whether the wireless provider can meet the existing service objectives of the application by co-locating on an existing utility pole or municipal pole on which: 1) the wireless provider has the right to co-location; 2) the co-location is technically feasible and would not impose substantial additional cost; and 3) the co-location would not obstruct or hinder travel or have a negative impact on public safety.
[Ord. No. 1215, 10/4/2021]
All wireless providers who obtain a permit hereby agree to provide the Borough will full indemnity and hold the municipality and its officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages caused by the act, error or omission of the wireless provider or its officers, agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the ROW. A wireless provider is not required to indemnify for an act of negligence or willful misconduct by the municipality, its elected and appointed officials, employees and agents.
[Ord. No. 1215, 10/4/2021]
The wireless provider will maintain all valid licenses, registrations or certificates required by federal, state or local governments that are necessary for it to do business or perform applicable work including, but not limited to, workers' compensation, no prior defaults on a municipal project, not being debarred or suspended on a project by any governmental agency or entity within the previous two years, has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years, has completed a minimum of the United States Occupational Safety and Health Administration's ten-hour safety training course or a similar sufficient course to prepare workers for hazards that may be encountered during work on a small wireless facility.
[Ord. No. 1215, 10/4/2021]
It is specifically intended that the FCC's rulings on small wireless facilities, as well as the provisions of the Commonwealth of Pennsylvania's Act 50 of 2021,[1] shall govern all items which are not specifically addressed herein by this Part.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
[Ord. No. 1215, 10/4/2021]
If any section or provision of this Part is declared by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this Part as a whole, nor the constitutionality, legality or validity of any other section or provision of this Part other than the one so declared to be unconstitutional, illegal or invalid. The provision so stricken shall be replaced, if possible, by a provision in Act 50 of 2021.[1]
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
[Ord. No. 1215, 10/4/2021]
Any person who fails to comply with any provision of this Part shall pay a civil penalty up to $1,000 (as this Part is a form of building code) but no less than $300 for each offense. Each day shall constitute a separate offense for the calculation of the penalty. A person shall be given written notice of the date, time, place and section violated as well as the amount of the civil penalty. If that person fails to pay the penalty imposed within 10 days, an action may be commenced in any court including that of a District Justice. The Borough shall maintain all other rights and actions to enforce this Part. The person violating any provision of this Part shall also pay the Borough's full attorney fees and costs related to its enforcement.