§ 277-11. Nontower wireless facilities in rights-of-way.

The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way ("ROW"):

A. 

Co-location. Nontower WTFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

B. 

Design requirements.

(1) 

WTF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(2) 

Antennas and all support equipment shall be treated to match the supporting structure. WTFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

C. 

Reimbursement for ROW use. In addition to permit fees as described above, every nontower WTF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each nontower WTF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WTFs shall be determined by the Borough and authorized by resolution of the Borough Board and shall be based on the Borough's actual ROW management costs as applied to such nontower WTF.

D. 

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WTFs in the ROW based on public safety, traffic management, physical burden on the ROW, 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.

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

E. 

Equipment location. Nontower WTFs and accessory equipment 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 ROW as determined by the Borough. In addition:

(1) 

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot;

(2) 

Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

(3) 

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

(4) 

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(5) 

Any underground vaults related to nontower WTFs shall be reviewed and approved by the Borough.

F. 

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WTF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WTF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(1) 

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

(2) 

The operations of the Borough or other governmental entity in the right-of-way;

(3) 

Vacation of a street or road or the release of a utility easement; or

(4) 

An emergency as determined by the Borough.

G. 

Visual or land use impact. The Borough retains the right to deny an application for the construction or placement of a nontower WTF based upon visual and/or land use impact.