[Added by Ord. No. 507, 12/15/2021]
The Borough Council enacts this Part 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 Council 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 Council further desires to limit, to the extent legally permissible,
conflicts with other uses of the public street rights-of-way.
[Added by Ord. No. 507, 12/15/2021]
A. Word Usage. In interpreting this Part, 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.
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.
UCC
The Pennsylvania Uniform Construction Code, as adopted and
administered by Glen Rock Borough (the "Borough").
[Added by Ord. No. 507, 12/15/2021]
1. All persons who desire to install a small wireless facility within
a right-of-way, whether by co- location 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 co-location
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
co-location 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 Part.
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 stormwater 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 stormwater 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 co-location 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 co-locating 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.
I. Where a new pole or excavation for any reason is proposed, an application for a street opening permit meeting all requirements of Chapter
21, Part
1, of the Glen Rock Borough Code of Ordinances with street opening permit fee and evidence of compliance with One Call.
J. The fee established by this Part.
[Added by Ord. No. 507, 12/15/2021]
All applications shall be submitted to the Borough office on
a day that the Borough office is 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 Borough office is open for business.
[Added by Ord. No. 507, 12/15/2021]
1. Within 10 business days of receiving an application, the Borough
must determine and notify the applicant, in writing, whether the application
is incomplete. If the application is incomplete, the Borough will
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.
2. An application for co-location shall be approved or denied by the
Borough within 60 days of the receipt of a completed application.
3. An application to replace an existing utility pole or install a new
utility pole with small wireless facilities attached shall be approved
or denied by the Borough within 90 days of the receipt of a completed
application.
4. If there are deficiencies in an application, the Borough shall document
the basis for denial, and send such document to the applicant.
5. The applicant may cure the deficiencies and resubmit a revised application
within 30 days.
6. 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 shall approve
or deny the revised application within 30 days of resubmittal by the
applicant.
7. 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.
8. If the application meets all requirements of the Act and this Part,
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.
9. 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 Part
shall be completed within one year of the permit issuance date.
10. 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 small wireless facilities
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 Part and the Act and the permit holder has obtained
all necessary consent from the utility pole owner.
[Added by Ord. No. 507, 12/15/2021]
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.
[Added by Ord. No. 507, 12/15/2021]
1. 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.
2. 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 wavier request.
[Added by Ord. No. 507, 12/15/2021]
The wireless provider shall maintain the small wireless facility
in a manner that meets or exceeds all of the design standards of this
Part 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 Part and all applicable requirements.
The wireless provider shall remove any graffiti on the small wireless
facility, including, but not limited to, ground-mount accessory equipment,
within 30 days after notice from the Borough to do so.
[Added by Ord. No. 507, 12/15/2021]
1. 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. 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.
2. 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.
[Added by Ord. No. 507, 12/15/2021]
In accordance with Section 3(c) of the Act, the Borough hereby
imposes an annual fee to use of right-of-way for each small wireless
facility or each new utility pole with a small wireless facility in
the amount described in the Borough's Fee Resolution. 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 Part and shall be subject to the penalties and remedies in
this Part.
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 shall be adjusted upward by resolution of the Borough
Council if 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 Part 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 Part.
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.
[Added by Ord. No. 507, 12/15/2021]
An applicant for a permit to install a small wireless facility
shall include fees with its application in the amounts described in
the Borough's Fee Resolution, based up on the small wireless
facilities to be installed.
[Added by Ord. No. 507, 12/15/2021]
1. Within 60 days of suspension or revocation of a permit due to noncompliance
with this Part or the Act, 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, after receiving adequate notice and an opportunity to
cure any noncompliance.
2. 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.
3. 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 Part for a small wireless facility which is voluntarily
removed shall expire upon the removal of the small wireless facility.
[Added by Ord. No. 507, 12/15/2021]
1. Violations. It shall be a violation of this Part to do or permit
the following:
A. To install a small wireless facility prior to obtaining the permit
required by this Part.
B. To install a small wireless facility in a manner other than that
authorized by the permit.
C. 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.
D. To fail to make any payment required by this Part or to make a payment
by a means which is later dishonored.
E. To violate any other provision of this Part.
2. Penalties. Any person who violates or permits the violation of any
provision of this Part 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, and penalties may be collected as provided by law. Each
day that a violation continues and each section of this Part which
is violated constitutes a separate violation.