[Adopted 4-12-2022 by Ord. No. 934-2022]
By adoption of this article, Columbia Borough hereby enacts this article to govern use of public street rights-of-way and municipal poles in accordance with and as limited by Act 50 2021, the Small Wireless Facilities Deployment Act. The Borough of Columbia recognizes the limitations of the Act on its powers and desires to regulate the public street rights-of-way and municipal poles to the maximum extent allowed by such Act. The Borough of Columbia further desires to limit, to the extent legally permissible, conflicts with other uses of the public street rights-of-way.
A. 
Word usage. In interpreting this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Definitions. All words and phrases not otherwise defined herein shall have the meanings set forth in Section 2 of the Act.
ACT
The Small Wireless Facilities Deployment Act, the Act of June 30, 2021, P.L. 232, No. 50, 53 P.S. § 11704.1 et seq., and as may be amended in the future.
ADA
The federal Americans with Disabilities Act, as amended, and all regulations adopted to implement such statute.
APPLICANT
A wireless provider that applies for an application.
BOROUGH
Borough of Columbia.
CODE ENFORCEMENT OFFICER
The person designated by the governing body to administer this article.
FCC
The Federal Communications Commission or any agency successor thereto.
ONE CALL
The Pennsylvania One Call Act, the Act of December 10, 1974, P.L. 852, as amended, 73 P.S. § 176 et seq., and all regulations adopted to implement such statute.
PERSON
Any individual, corporation, partnership, joint venture, association, limited liability company, joint-stock company, trust, unincorporated organization, or any agent or subsidiary thereof, or government, or any agency or political subdivision thereof.
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.
UCC
The Pennsylvania Uniform Construction Code, as adopted and administered by Borough.
WIRELESS PROVIDER
A person who provides wireless infrastructure or a wireless communications service provider using small wireless facilities who/which has been granted a permit pursuant to this article.
All persons who desire to install a small wireless facility within a right-of-way, whether by collocation or by the installation of a new utility pole, shall file an application in writing for a permit with the Code Enforcement Officer. In order to be considered a complete application, such application must include all of the following:
A. 
A written application form identifying in detail the name of the applicant and contact information for the applicant and the name and contact information of the person who prepared the application and whether applicant proposes erection of a new utility pole or collocation on an existing utility pole.
B. 
Precise location of all portions of the proposed small wireless facility, including pole-mounted and ground-mounted small wireless facility components.
C. 
Identity of the owner of the utility pole if the applicant proposes collocation on an existing utility pole.
D. 
A report by a qualified engineering expert which shows that the small wireless facility will comply with all applicable FCC regulations. The report must identify the person who prepared the report and his or her qualifications.
E. 
Construction drawings demonstrating compliance with Section 3 of the Act, the UCC and this article.
F. 
Plan showing the proposed small wireless facility installation sealed by a professional engineer which shall contain a certification that after installation of the facility any sidewalk, curb, or curb cuts which may be impacted will comply with the ADA after installation of the small wireless facility. The plan shall meet all of the following requirements and include all of the following information:
(1) 
Existing right-of-way width, sidewalk, curbing, and cartway with sufficient information to demonstrate that the small wireless facility will be located completely within the existing public street right-of-way and will not interfere with the safe operation of traffic control equipment, sight lines, or clear zones for vehicles or pedestrians.
(2) 
Location of all storm water management facilities within the public street right-of-way including swales, inlets, rain gardens, and pipes, with sufficient information to demonstrate that the small wireless facility will be located and installed in a manner that will not interfere with existing storm water management facilities.
(3) 
Location of all utility facilities within the public street right-of-way including but not limited to public water and sewer facilities, including all hydrants and manholes with sufficient information to demonstrate that the small wireless facility will be located and installed in a manner that will not interfere with existing utility facilities.
G. 
Where the application proposes collocation on an existing utility pole which is not a municipal pole, written permission from the owner of the existing utility pole.
H. 
Where the application proposes installation of a new utility pole, a self-certification that the applicant has determined in good faith that it cannot meet its service reliability and functional objectives of the application by collocating on an existing utility pole or municipal pole. This self-certification shall include documentation of the basis of the determination which shall identify all existing utility poles and municipal poles in the vicinity and why they are not suitable, and a signed letter from the property owner directly adjacent to the proposed new utility pole granting permission for the new utility pole to be placed in the proposed location.
I. 
Where a new pole or excavation for any reason is proposed, an application for a street opening permit meeting all requirements of the Street Degradation Ordinance of the Columbia Borough Code of Ordinances with street opening permit fee and evidence of compliance with One Call.
J. 
The fee established by this article.
All applications shall be submitted to the Borough office on a day that the Borough offices are open to the public and during hours that the office is open to the public. Applications received within one hour of close of business shall be considered filed on the next day that the office of the Borough is open for business.
A. 
Within 10 business days of receiving an application, the Borough shall determine and notify the applicant in writing whether the application is incomplete. If the application is incomplete, the Borough shall provide written notice to the applicant specifically identifying the missing information. All deadlines contained in this section shall restart upon the submission of a complete application.
B. 
An application for collocation shall be approved or denied by the Borough within 60 days of the receipt of a completed application.
C. 
An application to replace an existing utility pole or install a new utility pole with the small wireless facility attached shall be approved or denied by the Borough within 90 days of the receipt of a completed application.
D. 
If there are deficiencies in an application, the Borough will document the basis for denial, and send such document to the applicant.
E. 
The applicant may cure the deficiencies and resubmit a revised application within 30 days.
F. 
The Borough shall review the revised application only to the extent that it addresses the deficiencies outlined in the denial previously issued by the Borough to the applicant. The Borough will approve or deny the revised application within 30 days of resubmittal by the applicant.
G. 
Any application resubmitted by an applicant that addresses or changes other sections shall afford the Borough an additional 15 days to review the resubmittal and shall trigger an additional application fee to be paid by the applicant upon resubmittal of the revised application.
H. 
If the application meets all requirements of the Act and this article, the Code Enforcement Officer shall issue a permit to authorize installation of the small wireless facility and an invoice for the right-of-way fee for the small wireless facility.
I. 
The proposed collocation, the modification or replacement of a utility pole or the installation of a new utility pole with small wireless facilities attached for which a permit is granted under this article shall be completed within one year of the permit issuance date.
J. 
Subject to the permit requirements and the wireless provider's right to terminate at any time, the permit shall grant the wireless provider authorization to operate and maintain the small wireless facility and any associated equipment on the utility pole covered by the permit for a period of five years, which shall be renewed for two additional five-year periods if the permit holder is in compliance with the criteria set forth in this article and the Act and the permit holder has obtained all necessary consent from the utility pole owner.
All small wireless facilities to be installed and maintained within the right-of-way shall meet all of the following requirements:
A. 
The small wireless facility and all associated equipment shall meet the size limits and height limits of the Act.
B. 
The small wireless facility 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 right-of-way. This shall include, but not be limited to, any interference with compliance with the ADA.
C. 
A new pole shall not be located within 10 feet of an existing driveway or street intersection. A new pole shall not be located within any stormwater management facility including, but not limited to, any swale or rain garden. A new pole shall not be located within 18 inches of the face of the curb.
D. 
All equipment of the small wireless facility which is mounted on a pole shall have a clearance of not less than 18 feet if located over a cartway and not less than 10 feet if not located over a cartway.
E. 
Ground-mounted accessory equipment, walls, or landscaping shall not be located within any stormwater management facility including, but not limited to, any swale or rain garden or within 18 inches of the face of the curb.
F. 
A new pole- or ground-mounted accessory equipment, walls or landscaping shall not be located in an easement extending onto the lot adjoining the right-of-way without the written permission of the easement holder.
G. 
Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features. Any required electrical meter cabinets shall the screened to blend in with the surrounding area.
H. 
All underground facilities shall be designed and installed in a manner which will not require the removal or relocation of any stormwater management facility or underground utility.
I. 
If the proposed small wireless facility is to be placed on or near a significant historic building or in the Historic District of the Borough, the following design guidelines shall apply:
(1) 
The small wireless facility and wireless support structures shall be located so as not to be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level.
(2) 
Concealment techniques shall be designed to be consistent and harmonious with the nature and character of the historic district, including color, shape, and size of proposed equipment.
(3) 
A certificate of appropriateness, certificate of hardship, or certificate of nonapplicability shall be obtained from the Borough's Historic Architectural Review Board.
A. 
In any officially designated underground utility district of the Borough in which all cable facilities and utility facilities, other than municipal poles and attachments, are required to be placed underground and in which municipal poles may be replaced, any person wishing to place a small wireless facility shall also meet the requirements underground utility district.
B. 
Persons wishing to place a small wireless facility in an underground utility district may apply for a waiver from the requirements of the underground utility district. After an application for a waiver is received by the Borough, the Borough shall hold a public hearing on the request for a waiver. In order to be considered, the request for a waiver must include a letter from the owner of the property where the small cell facility is to be placed giving his/her/its approval for the waiver request.
The wireless provider shall maintain the small wireless facility in a manner that meets or exceeds all of the design standards of this article and all standards of the UCC. If the small wireless facility is the only facility on a pole, the wireless provider shall maintain the pole in accordance with this article and all applicable requirements. The wireless provider shall remove any graffiti on the small wireless facility, including but not limited to ground-mounted accessory equipment, within 30 days after notice from the Borough to do so.
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 or the wireless provider's contractors, including installation of the small wireless facility or the failure to properly maintain the small wireless facility, and return the right-of-way in as good of condition as it existed prior to any work being done in the right-of-way by the wireless provider or damage resulting from the failure to maintain the small wireless facility. If the wireless provider fails to make the repairs required by the Borough within 30 days after written notice, the Borough may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty of $500.
(1) 
The wireless provider who has failed to make the required repairs shall not be eligible to receive a new permit from the Borough until the wireless provider has paid the amount assessed for the repair costs and the assessed penalty or deposited the amount assessed for the repair costs and the assessed penalty in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
B. 
A wireless provider shall fully indemnify and hold the Borough 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 right-of-way.
In accordance with Section 3(c) of the Act, the Borough hereby imposes an annual fee for the use of right-of-way. The fee is included in the fee scheduled as adopted by the Borough. The annual fee shall become effective beginning on January 1, 2022 and shall be imposed for each calendar year or portion thereof during which a small wireless facility is located in a right-of-way. The owner of each small wireless facility installed within the Borough shall be responsible to pay such right-of-way fee whether or not such provider receives an invoice from the Borough. The fee will be due by January 31 of the calendar year for the calendar year to which the fee relates.
A. 
The failure to pay the annual right-of-way fee shall be a violation of this article and shall be subject to the penalties and remedies in this article.
B. 
If the annual right-of-way fee is not paid in full by January 31 of the calendar year, a penalty of 10% of the annual fee shall be added. If the annual fee plus penalty is not paid in full by March 31 of the calendar year, interest at the rate of 1% per month shall continue until the annual right-of-way fee, penalty, and interest are paid in full.
C. 
The annual fee may be adjusted upward by resolution of the Borough as authorized by Section 7(c) of the Act.
D. 
The owner of each small wireless facility installed within a right-of-way on the effective date of this article shall provide the Borough with a report identifying each existing small wireless facility identifying the location of such small wireless facility, the dimensions of such small wireless facility, and the date of installation of the small wireless facility. This report shall include the name and contact information for the owner of the small wireless facilities, including the address to send invoices for the annual right-of-way fee and any notices under this article.
E. 
The owner of each small wireless facility shall provide the Borough with up-to-date contact information. If ownership of a small wireless facility changes, the new owner of the small wireless facility shall provide notice and new contact information to the Borough within 30 days.
A. 
An applicant for a permit to install a small wireless facility shall include the appropriate fees as listed in the adopted fee schedule.
B. 
The fees established by this section may be adjusted upward by resolution of the Borough of Columbia as authorized by Section 7(c) of the Act.
A. 
Within 60 days of suspension or revocation of a permit due to noncompliance with this article or the Act, the wireless provider shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the permit holder's wireless facilities and associated equipment are the only facilities on the utility pole, after receiving adequate notice and an opportunity to cure any noncompliance.
B. 
Within 90 days of the end of a permit term or an extension of the permit term, the permit holder shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the permit holder's wireless facilities and associated equipment are the only facilities on the utility pole.
C. 
A wireless provider which elects to discontinue the use of a small wireless facility shall notify the Borough in writing not less than 45 days prior to the discontinuance of use of the small wireless facility, which notice shall specify when and how the wireless provider will remove the small wireless facility and, if applicable, the pole. The wireless provider shall complete the removal within 45 days of the discontinuance of the use of the small wireless facility. A permit issued under this article for a small wireless facility which is voluntarily removed shall expire upon the removal of the small wireless facility.
A. 
Violations. It shall be a violation of this article to do or permit the following:
(1) 
To install a small wireless facility prior to obtaining the permit required by this article.
(2) 
To install a small wireless facility in a manner other than that authorized by the permit.
(3) 
To place any false or misleading information on an application including, but not limited to, incorrectly identifying the right-of-way width, the identity of the owner of a utility pole, the precise location of the utility pole, or the size and location of any proposed or existing equipment.
(4) 
To fail to make any payment required by this article or to make a payment by a means which is later dishonored.
(5) 
To violate any other provision of this article.
B. 
Penalties. Any person who violates or permits the violation of any provision of this article shall be liable upon summary conviction therefor to fines and penalties of not less than $100 nor more than $1,000 plus all costs of prosecution, including attorneys' fees, which costs, fines, fees and penalties may be collected as provided by law. Each day that a violation continues and each section of this article that is violated constitutes a separate violation.