CLARKS GREEN BOROUGH COUNCIL MINUTES MARCH15,2023  CALL TO ORDER: President Rinaldi called the meeting oft the Clarks Green Council to order at 7:05 ROLL CALL: Secretary Culbertson conducted roll call. The following were present: Mr. Nealon, Ms. Igoe, Mr. Curran and Mr. Rinaldi. Mr. Williams joined the meeting via phone approximately 7:071 P.M.  P.M. with the Pledge of Allegiance.  with Mr. Toms arriving soon thereafter.  ABSENT: Mr. Egan, Mayor Barrasse and Solicitor Weinschenk.  VISITORS: CSPD Officer Hall, Ben Freda, Abington Journal and Rick Williams.  APPROVAL OF MINUTES: President Rinaldi entertained the motion to accept the minutes of the February 15, 2023 Council meeting. Ms. Igoe motioned, seconded by Mr. Nealon. Mr. Williams, Ms.  Igoe, Mr. Nealon, Mr. Curran and Mr. Rinaldi voted in favor. PUBLIC COMMENT: No public comment.  POLICE REPORT: CSPD Officer ChiefHall briefly reviewed the police report. Officer Hall told Council the Aggressive Driver Enforcement will begin March 20th to April 23rd. MAYOR'S REPORT: Mr. Williams told Council Mayor Barrasse had signed a Tree City  Proclamation.  TREASURER'S REPORT AND BILL APPROVAL: Mr. Rinaldi reviewed the distributed Budget VS. Actual comparing balances to last month and last year. The Treasurer's report was presented by Mr.  Rinaldi and filed for audit. Current fund balances are as follows:  General Fund Checking Capital Fund Money Market Sewer Fund Checking Sewer - FNCB CD #200469681 Sewer- - Wayne Bank CD #80049035 Sewer - Wayne Bank CD #80021603 Sewer - Wayne Bank CD #80044088 State Funds Checking Total Checking/Savings  $  640,331.32 126,895.65 487,762.81 76,488.61 76,974.99 53,339.83 50,188.16 168.569.55 1,680,550.92  $  Mr. Rinaldi entertained a motion to accept the Treasurer's report and ratify the payment of the bills. Mr. Toms motioned, seconded by Ms. Igoe. Mr. Toms, Mr. Curran, Mr. Nealon, Mr. Williams, Ms. Igoe and MOTIONS: Mr. Rinaldi told Council Wayne Bank's CD 80044088 will be maturing March 29th and FNCB is offering a CD at 4.50 % for 15 months only through March 16th to March 18th, Mr. Rinaldi explained since the CD is maturing at the end ofthe month the Borough would invest $50,000 from the Sewer Fund Account to purchase a new CD and then reimburse the sewer fund with the money from the matured CD. Mr. Williams motioned to withdraw $50,000 from the Sewer Fund for a FNCB CD purchase at 4.50% for term (fifteen) 15 months and not renewing the Wayne CD 80044088, seconded by  Mr. Rinaldi voted in favor.    Ms. Igoe. Ms. Igoe, Mr. Nealon, Mr. Curran, Mr. Williams, Mr. Toms and Mr. Rinaldi voted in favor. Mr. Rinaldi entertained ai motion to approve Resolution No. 3 of2023, amending the Covid 19PA Small Water and Sewer grant that was adopted by Resolution No. 7of2022 along with the authorized certification by the Borough's secretary. Mr. Curran motioned, seconded by Ms. Igoe. Ms. Igoe, Mr.  Toms, Mr. Nealon, Mr. Williams, Mr. Curran and Mr. Rinaldi voted in favor.  RESOLUTION No. 3 of2023 Borough of Clarks Green Lackawanna County, Pennsylvania  ARESOLUTION APPROVING AN AMENDMENT OF THE COMMONWEALTH FINANCING AUTHORITY GRANT REQUEST  WHEREAS, the Borough of Clarks Green (the "Borough") adopted Resolution No. 7of2022 approving the submission of a grant Covid 19 ARPA Pennsylvania Small Water and Sewer Programgrant; request fora  stormwater drainage project within the Borough; and  WHEREAS, the desires to amend the grant request is certain respects all as set forth herein; and WHEREAS, the Borough desires undertake a stormwater drainage project estimated to cost $380,250.00 and to submit a grant request for funds to repair and replace stormwater drainage within the rights-of- way of Borough streets identified as Evans Street, Rabbit Run and Spring Street in the Borougli. NOW THEREFORE, BE: IT RESOLVED, that the Borough of Clarks Green, Lackawanna County, Pennsylvania hereby requests a Covid 19 ARPA Pennsylvania Small Water and Sewer Program grant ini the amount of $304,200.00 from the Commonwealth Financing Authority to be used for repair and replacement of Borough owned stormwater drainage facilities in the rights-of-way of Evans Street, Rabbit Run and Spring Street the Clarks Green Borough Council, and Joanne Culbertson, Borough Manager, as the officials authorized to execute all documents and agreements between the Borough and the Commonwealth Financing Authority to  in the Borough with a Borough match of $76,050.00.  BEIT FURTHER RESOLVED, that the Borough does hereby designate David Rinaldi, President of  facilitate and assist in obtaining the requested grant.  THIS RESOLUTION is adopted by the Clarks Green Borough Council this 15th day of March, 2023.  ATTEST: /s/Joanne Culbertson Joanne Culbertson, Secretary  BOROUGH OF CLARKS GREEN /s/David Rinaldi David Rinaldi, President Clarks Green Borough Council  Mr. Rinaldi stated Greenbrier Drive had to be removed from the grant since award date was possibly in  September 2023 which would have held up project.  Authorized Official Resolution  ,Joanne Culbertson, duly qualified Secretary of the Borough of Clarks Green, Lackawanna County, Pennsylvania, hereby certifies that the Resolution attached hereto is a true, complete and correct copy of the Resolution duly adopted by a majority vote of the Clarks Green Borough Council at a duly convened Meeting of the Clarks Green Borough Council held on March 15, 2023 and said Resolution has been recorded in the Minutes  of the Borough of Clarks Green and remains ini full force and effect as oft this date.    IN WITNESSTHEEOE,laix my hand and attach the seal of the Borough of Clarks Green.  Dated: March 15, 2023 (SEAL)  /s/Joanne Culbertson Joanne Culbertson, Secretary Borough of Clarks Green Lackawanna County, PA  Mr. Rinaldi reported to Council this evening the Public Hearing was held at 6: 30 P.M. for Ordinance No. 1of2023 and no testimonies were given about the proposed Ordinance noting no one from the public  was present. Mr. Rinaldi introduced Ordinance No. 1 of2023:  ORDINANCE NO.10 OF2023 BOROUGII OF CLARKS GREEN LACKAWANNA COUNTY, PENNSYLVANIA  AN ORDINANCE. AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE BOROUGH OF CLARKS GREEN (ZONING) TO UPDATE REGULATION OF WIRELESS  COMMUNICATION FACILITIES WITHINTHE BOROUGH  WHEREAS, the Borough of Clarks Green desires manage the development of Wireless Communication Facilities WHEREAS, thel Borough Council oft the Borough of Clarks Green desires to amend certain provisions ofthe Borough's Zoning Ordinance set for the in Chapter 27 of the Code of Ordinances oft the Borough of Clarks Green (the' "Code") to manage NOW THEREFORE, be it ordained by the Borough Council of the Borough of Clarks Green, Lackawanna County, 1.AI new Section 507 shall be added to Part5of Chapter 27 ofthe Code. The new Section 507 shall be as follows: Accessory. Equipment- Any equipment serving or being used in conjunction with a Wireless Communications Facility or Wireless Support Structure, including but not limited to utility or transmission equipment, power supplies, generators, Antemna An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of Collocation - The mounting of one or more WCFs, including Antennas, on a pre-existing structure, or modifying a Equipment Compound- An area surrounding or adjacent to a Wireless Support Structure within which base stations, FCC-Federal Communications Commission. Modification or Modify Thei improvement, upgrade or expansion of existing Wireless Communications Facilities or base stations on an existing Wireless Support Structure or the improvement, upgrade, or expansion of the Wireless Communications Facilities located within an existing equipment compound, ift the improvement, upgrade, expansion or replacement does not Substantially Change the physical dimensions of the Wireless Non-Tower Wireless Communications Facility (Non-Tower WCF) Wireless Communications Facilities that are Collocated on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles, existing' Tower-Based WCFsa and other similar structures that donotr require Replacement ofa Wireless Communications Facility (Replacement ofai WCF) - The replacement of existing Wireless Communications Facilities on an existing Wireless Support Structure or within an existing equipment compound due to  within the Borough; such development. Pennsylvania as follows:  "27-507 Wireless Communication Devices.  1.1 Definitions.  batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.  wireless service and any commingled information services.  structure for the purpose of mounting or installing a WCF on that structure.  power supplies, or Accessory Equipment are located.  Support Structure.  thei installation ofai new tower.    maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the Wireless Communications Facilities initially installed and that does not Substantially Change the physical dimensions oft the existing Wireless Support Structure. Small Wireless Communications Facility The equipment and network components, including antennas, transmitters (A) Each antenna associated with the deployment is no more than three (3) cubic feet in volume; and the volume ofall other equipment associated with the communication facility, whether ground mounted or pole mounted (B). Any equipment used solely for the concealment of the small communication facility shall not be included Stealth Technology Camouflaging methods applied to wireless communications facilities and accessory equipment 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 antennas, building- mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, Substantial Change or Substantially Change 1 A modification substantially changes the physical dimensions ofa Technically Feasible - By virtue of engineering or spectrum usage, the proposed placement for a Wireless Communications Facility or its design or site location can be implemented without a material reduction in the functionality Tower-Based Wireless Communications Facility (Tower-Based WCF) = Any structure that is used for the primary purpose ofs supporting one orr more Wireless Communications Facilities, including, but notl limited to, self-supporting lattice  and receivers, used by a wireless provider that meet the following qualifications:  is cumulatively no more than 28 cubic feet.  in the volume.  and light poles.  wireless support structure ifitmeets the criteria established by 47 CFR $1.6100.  ofthe Wireless Communications Facility.  towers, guy towers and monopoles, and the accompanying Antenna and Accessory Equipment. WBCA- Pennsylvania Wireless Broadband Collocation Act (53 P.S. $11702.1 et.. seq.)  Wireless Communications Facility (WCF) = An Antenna facility or a Wireless Support Structure that is used fort the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless Wireless Support Structure = A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or tol be used for the provision ofwireless service (whether on its own or comingled with other types of  communications services  services).  2. Purposes. The purpose ofthis Section is to: accordance with federal and state laws andi regulations; as to ensure the provision ofnecessary services;  A. Provide for the managed development of Wireless Communications Facilities in a manner that enhances the benefits ofwireless communication and accommodates the needs ofboth Borough residents and wireless carriers in  B. Accommodate the need for Wireless Communications Facilities while regulating their location and number so Establish procedures for the design, siting, construction, installation, maintenance and removal of Non-Tower Wireless Communications Facilities, Small Wireless Communications Facilities, and Tower-Based Wireless Communications Facilities in the Borough, including Wireless Communication Facilities both inside and outside the public D. Address new wireless technologies, including but not limited to, distributed antenna systems, data collection E. Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services Collocate their  rights-of-way;  units, small cells, and other Wireless Communications Facilities; Wireless Communications Facilities on existing infrastructure; and    F. Promote the health, safety and welfare of the Borough's residents. 3. General Requirements for All Wireless Communications Facilities.  A.  Standard of care.  () All WCFs shall meet all applicable standards and provisions of the FAA, the FCC and any other agency of thes state or federal government with the authority to regulate wireless communications facilities, the latest! National Electrical Safety Code (NESC), American National Standards Institute (ANSI)Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary B. Subdivision, Subdivision plan approval shalll be required when a' WCF is located on al leased parcel that is less than C.E Engineer Signature. All plans and drawings included in an application for a WCF: shall contain a seal and signature D. Collocation Efforts Required. An application fora new Tower-Based WCF or Small WCF requiring thei installation ofa new Wireless Support Structure shall demonstrate that the proposed WCF cannot be accommodated on an existing Wireless Tower-Based WCF or Small WCF requiring the installation ofar new Wireless Support Structure. The Borough may deny an application to constructa Structure ift the WCF Applicant has not made a good faith effort to mount the WCF on an existing Wireless Support Structure. The WCF Applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one-quarter (1/4) mile radius of the site proposed, sought permission to install a' WCF on those existing Wireless SupportStructures: and was denied for one ofthe followingreasons: equipment for that existing Wireless Support Structure andt the interference cannot be prevented ata reasonable cost. location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended  certifications shall be obtained by the WCF Applicant and provided to the Borough.  the entire lot or property.  ofaprofessional engineer, licensed in the Commonwealth of Pennsylvania.  (i) The proposed WCF would exceed the structural capacity ofthe existing (ii) The WCF would cause radio frequency interference with other existing (ii) Such existing Wireless Support Structures do not have adequate (iv) A commercially reasonable agreement could not be reached with the  Wireless Support Structure, and its reinforcement cannot be accomplished at a reasonable cost.  function.  owner of the existing Wireless Support Structure. 4, Eligible Faeilities Requests. (A) Building Permit Required.  () WCF Applicants proposing a Modification or Replacement of an existing WCF shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the' WCF Applicant must submitap permit application to the Borough Zoning Officer in accordance (ii) Such permit application shall clearly state that the proposed Modification or Replacement constitutes an Eligible Facilities Request pursuant to the requirements of 47 CFR $1.6100. The permit application shall detail all dimensional changes being made to the WCF and Wireless Support Structure. (ii) The Borough may request any information necessary to confirm that the proposed Modification or  with applicable permit policies and procedures.  Replacement does not constitute a Substantial Change. (B) Timing of Approval.  () Within thirty (30) calendar days of receipt of a complete application for the Modification of an existing WCF, the Borough Zoning Officer shallnotify the WCF Applicant in writing ofany information (i) Within sixty (60) calendar days of receipt of a complete application for the Modification of an existing WCF, the Borough Zoning Officer shall issue the required permits authorizing construction of  that may be required to complete such application.  the WCF.  5. Substantial Change.    Any Substantial Change to a WCF shall require notice to be provided to the Borough Zoning Officer, and possible supplemental permit approval as determined by the Borough Zoning Officer in accordance with this Ordinance.  6. Signs.  (A) All WCFs shall post a sign in a readily visible location identifying the owner of the WCF and the name and phone number ofa party to contact in the event of an Emergency. The only other signage permitted on the WCF shallbe those required by the FCC, or any other federal or state agency. Such signage shall not include commercial (B) The posted sign shall be limited to the minimum size necessary to provide the required information in a readable manner, as determined by the Borough. For Tower-Based WCFs outside the public ROW, the posted 7. Stealth Technology. All WCFs shall employ the most current Stealth Technology available, where appropriate, in an effort tol blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are: situated, to the extent Technically Feasible. 8. Wind and Ice. All WCFs shalll be designed to withstand the effects of wind gusts andi ice tot the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard 9. Aviation Safety. WCFs shall comply with the applicable lighting standards of the FAA, the PennDOT Bureau of 10. Public Safety Communications. WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. II.E Radio Frequency Emissions. A WCF shallnot, by itselfor in conjunction with other WCFs, gènerate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled-Elyaluating Compliance with FCC Guidelines for Human Exposuret to Radio Frequency Electromagnetic Fields," as amended. The WCF Applicant shall submit proofofcompliance with all applicable 12. Noise. WCFs shall be operated and maintained so as not toj produce noise in excess of applicable noise standards under state law and the Borough Zoning Ordinance. The use of a backup generator is prohibited except that in Emergency situations and for periodic maintenance and testing by the WCF owner's technicians, such use shall be permitted, where 13.Non-conforming Wireless SupportStructures. WCFs shall be permitted to Collocate upon existing non-conforming 14. FCC License. Ift the WCF Applicant is a commercial wireless communications provider, the WCF Applicant must demonstrate that it is licensed by the FCC. The WCF Applicant shall submit with any application copies of all FCC licenses, including the name, address, and Emergency telephone number for the operator of the facility. 15. Inspections; reports. Wireless Communications Facilities shall be inspected once every five (5) years and upon request by the Borough to ensure structural integrity and compliance with applicable federal, state and local codes and 16. Rctention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations ofthe terms and conditions ofthese WCF provisions. The WCF Appliçant and/or owner of the WCF shall reimburse the Borough for all costs of thel Borough's consultant(s) inj providing expert evaluation 17. Permit Fecs. The Borough may assess appropriate and reasonable permit fees directly related to the Borough'sactual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and  advertising, shall not protrude from the WCF, and is subject to approval by the Borough.  sign shall not exceed two (2) square feet in area.  applicable to the structure.  Aviation, and any other federal state laws and regulations concerning aviation safty.  standards relating to radio frequency emissions as part ofany complete WCF application.  such noise standards may be exceeded on a temporary basis.  Wireless Support Structures.  regulations. Inspection reports shall be submitted to the Borough upon request.  and consultation in connection with these activities.  related costs. Such permit fees shall be established by resolution and may be amended.    18. Indemnification. Each Person that owns or operates a WÇF shall, at its sole cost and expense, indemnify, defend and hold harmless thel Borough, its elected and appointedofficials, employees and agents, ata all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each Person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal ofa WCF. The obligation to indemnify, hold harmless and defend shall inçlude, but not be limited to, the obligation to pay. judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. 19. Non-commercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and Antennae for the purpose of maintaining television, phone,and/or internet connections at their residences shall be exempt 20. Abandonment; Removal. In the event that use ofa WCF ist to be discontinued, the owner shall provide written notice to thel Borough of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated fora a period of twelve (12) months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs,  from the regulations enumerated in this Section 507.  shall be removed as follows:  (A) All abandoned or unused WCFs and. Accessory Equipment shall be removed within ninety (90) days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the (B)If the WCF or Accessory Equipment is not removed within ninety (90) days ofthecessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost ofr removal assessed against the owner of the WCF (C) The Borough reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Borough in taking action shall (D) Where there are two or more users of a single WCF, this provision shall not become effective until all  Borough, unless a time extension is approved by the Borough.  regardless of the owner's or operator'si intent to operate the WCF in the future.  not invalidate the Borough'sright: to take action.  users have terminated use of the WCF for a period of twelve (12) months.  21. Maintenance. The following maintenance requirements shall apply:  (A)AII WCFs shall be fully automated and unattended on a daily basis ands shall be visited only for maintenance, repair (B) Such maintenance shall be performed to ensure the upkeep of the WCF in order toj promote the safety and security oft the Borough's residents and in açcordance with all applicable Borough, state and federal regulations  or replacement.  (C)Alln maintenance activities shall utilize nothing less than the best available  technology for preventing failures  and accidents.  22. Specific Requirements for Non-Tower Wireless Communications Facilities. The following  regulations shall  apply to all Non-Tower WCFs. that do not meet the definition ofa Small WCF:  A. Small WCF Exemption. Non-Tower WCFs that meet the definition ofa Small WCF shall be exempt from the requirements of this Section 507. Such Small WCFs shall be subject only to applicable permitting and the B. Special Exception Required. Non-Tower WCFs are permitted outside the public rights-of-way as a special  requirements of Sections 507.3 and 507.24,  exception subject to the requirements of this Section 507.  C.D Development Regulations.  (a) The total height of any Non-Tower WCF thati is Collocated on a building or similar structure shall: not exceed fifteen (15) feet above the preexisting height oft the Wireless Support Structure to which the WCFi is attached.    (b) The total height of any Non-Tower WCF that is Collocated on an electrical transmission tower, streetlight, utility pole, traffic signal, sign or similar structure shall not exceed five (5) feet above the preexisting height (c) In accordance with industry standards, all Non-Tower WCF applicants must submit documentation to the Borough showing that the proposed Non-Tower WCF is designed to be the minimum height Technically (d) If the WCF Applicant proposes to locate the Accessory Equipment in a separate ground-mounted equipment building, the equipment building shall comply with the applicable minimum building setback requirements (e) No part ofal Non-Tower WCF shall be located between the front façade ofthe principal. structure andi the street (f) A security fence not to exceed eight (8) feet in height shall surround any separate communications equipment building if such communications equipment building is Iocated at ground level. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular access for the site's  of the Wireless Support Structure to which the WCF is attached. Feasible andj justifying the total height oft the Non-Tower WCF.  for the underlying zoning district.  the lot fronts on, except for equipment cabinets that are located underground.  principal use.  (D) Design  (a) As part ofa complete application for a Non-Tower WCF, the WCF Applicant shall proyide photo simulations showing the proposed site of the Non-Tower WCF with a photo-realistic representation of the proposed WCF as it would appear viewed from a minimum of two (2) locations near the proposed. site, as well as any other locations as required by (b) Non-Tower WCFs shall employ Stealth Technology and be treated to match the Wireless Support Structure in order to minimize aesthetic impact. The application ofthe Stealth Technology utilized by the WCF Applicant shall be subject to (c) Non-Tower WCFs shall inçorporate architectural features, materials and colors which blend with surrounding (d) Non-Tower WCFs and Accessory Equipment must be ofa neutral color that is identical to or closely compatible with the Wireless Support Structure so as to make the WCF and Accessory Equipment as visually unobtrusive as possible. E. Prohibited on Certain Structures. Non-Tower WCFs shall not be located on single-family detached residences, single- F.T Third Party Wireless Support Structures. Where thel Non-Tower WCF is proposed for Collocation on a Wireless Support Structure that is not owned by the WCF Applicant, the WCF Applicant shall present documentation to the Zoning Hearing Board that the owner oft the Wireless Support Structure has authorized Collocation oft the proposed Non-Tower WCF. G. Historic Buildings. No Non-Tower WCF may be located within one hundred(100): feet of any property, or on al building or structure thati is listed on either the National or Pennsylvania Registers ofHistoric Places, located within al historic district, H. Insurance. Each Person that owns or operates al Non-Tower WCF shall annually provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $I,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Non-Tower WCF.  the Zoning Hearing Board.  the approval oft the Zoning Hearing Board. buildings, structures, terrain or landscape.  family attached residences, semi-detached residences, duplexes, or any other residential structure.  or is included in the official historic structures list maintained by the Borough.  I.Timing of Approval.  (a) Withinthirty (30)calendar days ofthe date that an application foraNon-Tower WCFisf filed with the Borough Zoning Officer, the Borough Zoning Officer shall notify the WCF Applicant in writing of any information (b) Within ninety (90) days of receipt ofa complete application fora al Non-Tower WCF, the Zoning Hearing Board shall make a final decision on whether to approve the application and shall notify the WCF Applicant in  that may be required to complete such appliçation.  writing ofs such decision.    23. General and Specific Requirements for Tower-Based Wireless Communications Facilities. The following regulations shall apply to all Tower-Based Wireless Communications that do not meet the definition ofa Small WCF. A. Small WCF Exemption. Tower-Based WCFs that meet the definition ofa Small WCF shall be exempt from the requirements of this Section 507. Such Small WCFs shall be subject only to applicable permitting and the requirements of B. Tower-Based WCFs are permitted outside the public Rights-of-Way on all municipally owned property regardless C. Special Exception Required. Tower-Based WCFS are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF Applicant's wireless communications system,  Section 507.3 and 507.24. ofzoning district.  subject to the requirements oft this Section 507.  () Upon submission of an application for a Tower-Based WCF and the scheduling oft the public hearing upon the application, the WCF Applicant shall send via First Class Mail notice to all owners of every property within five hundred (500): feet ofthe proposed WCF, advising ofthes subject matter and date of such hearing. Such notice shall be sent at least ten (IO) days in advance ofany such hearing. The WCF Applicant shall provide proofof the notification (ii) Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation ofa Tower-Based WCF, itshallbei incumbent upon the WCF Applicant for such special exception approval toj prove to the reasonable satisfaction oft the Zoning Hearing Board that the WCF Applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF Applicant shall further demonstrate that the proposed Tower-Based WCF must be located where it is proposed in order to serve the WCF Applicant's service area and that (ii) The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height ofthe Tower-Based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on: adjacent properties. The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF Applicant, the power in watts at which the WCF Applicant transmits, and any relevant related tests conducted by the WCF Applicant in  to the Zoning Hearing Board along with the list of return receipts reçeived.  no other viable, less-intrusive alternative location exists.  determining the need for the proposed site and installation.  (iv) The special exception application shall include evidence that a gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by (v) Where the Tower-Based WCF is located on a property thati is not owned by the WCF Applicant, the WCF Applicant shall present evidence to the Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that any necessary (vi) The special exception application shall include a written certification by a structural engineer licensed in the Commonwealth ofPennsylvania ofthe proposed WCF'sability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and (vii) The special exception application shall also be accompanied by documéntation demonstrating that the proposed Tower-Based WCF complies with all applicable provisions ofthis Section 507. (vii) The Borough's regular special exceptiona application fees shall apply for all Tower-Based WCF  which to fill that gapi in wireless coverage.  vehicular access will be provided to the WTC.  certify the proper construction of the foundation and the erection of the structure.  special exception applications. D. Development Regulations.  (a) Tower-Based WCFs shall not be located in, or within one hundred (100) feet of an area in which all utilities  are located underground.    (b) Combined with another use. A Tower-Based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions: (1) The existing use on the property may be any permitted use in the applicable district and need not be (2) Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the Tower-Based WCF and Accessory Equipment, any guy wires, the equipment building, security fence, and applicable screening.  affiliated with the WCF.  E. Design Regulations.  (a) Height. The maximum total height ofa Tower-Based WCF shall not exceed 100 feet, as measured vertically from the ground level to the highest point on the Tower-Based WCF, including Antennas and Accessory  Equipment.  (b) Visual Appearance and Land Use Compatibility.  (1) Tower-Based WCFs shall employ Stealth Technology. The Zoning Hearing Board may require that the Wireless Support Structure be painted a certain color as approved by Zoning Hearing Board or (2) All Tower-Based WCFs and Accessory Equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use ofa like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. (3) The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at thesite to the greatest possible extent; and encourage sound engineering and land development design and  utilize a galvanized finish.  construction principles, practices and techniques.  (c) Anti-Climbing Device. If deemed necessary by the Zoning Hearing Board, a Tower-Based WCF shall be (d) Minimum Setbacks. The minimum distance between the base of a Tower-Based WCF and any adjoining property line or street Right-of-Way line shall equal 100% oft the proposed Tower-Based WCF's heighto or the applicable principal building setback, Whicheverisgreater, unless the WCF Applicant shows to thes satisfaction of Zoning Hearing Board that the proposed Tower-Based WCF has been designed in such a manner that a  equipped with an anti-climbing device, as approved by the manufacturer.  lesser setback will have no negative effects on public safety.  F.F Fence/Screen.  (a) A security fence with a minimum height ofe eight (8) feet may be: required to surround any Tower-Based WCF including guy wires, Accessory Equipment, and communication equipment buildings. This requirement or any portion oft this requirement may be waived by the. Zoning Hearing Board when such fencing is determined (b) A WCF Applicant fora Tower-Based WCF shall submit al landscaping and screening design complying with  tol be inappropriate or unreasonable.  the following:  (I) The WCF Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible. (2)Ground-mounted, Accessory Equipment must be screened from public view using an evergreen Residential district, public property, or street, a buffer area shall be provided along the perimeter  screen, artificial screen, or fencing, as directed by the  Borough. Where the site abuts a    abutting the affected district, property, or street to include at minimum two (2) staggered rows of  evergreen trees a minimum ofsix (6) feet in height, which of equivalent height when dead or damaged.  trees shall be replaced with trees  G.A Accessory Equipment.  (a) Accessory Equipment shall comply with the minimum setback requirements for the zoning district in which (b) Ground-mounted Accessory Equipment associated or connected with a Tower-Based WCF shall not be (c) Accessory Equipment associated, or connected, with a Tower-Based WCF shall be placed underground or screened from public view using Stealth Technology. All ground-mounted Accessory Equipment, utility buildings and accessory structures shall be architecturally designed to be concealed from public view to the maximum extent possible and be compatible: with the architecture of surrounding buildings, structures or (d) Either one: single-story wireless communications equipment building not exceeding fivel hundred (500) square feet in area or its equivalent may be permitted for each unrelated company sharing Antenna space on the  the WCF is located.  located within fifty (50) feet ofa lot in residential use.  landscape.  Tower-Based WCF. H. Vehicular Access.  (a) An access driveway and one off-street parking space shall be provided to ensure adequate emergency and (b) Maximum use of existing roads, whether public or private, shall be made to the extent practicable. (c) Where possible, access driveway construction: shall at all times minimize ground disturbance and minimize (d) Access driveway grades shall closely follow, natural contours to assure minimal visual disturbance and (e) The Zoning Hearing Board at its sole discretion may waive any ofthe requirements oft this Section. I.Additional Antennas. As a condition of approval for all Tower-Based WCFs, the WCF Applicant shall provide the Zoning Hearing Boardwithay written commitment that ity willa allow other service providersto Collocate Antennas on the' Tower- Based WCF where Technically Feasible. To the extent permissible under state and federal law, the owner ofa Tower-Based WCF shall not install any additional Antennas without complying with the applicable requirements of this Section 507, J. Lighting. No Tower-Based WCF shall be artificially lighted, except as required by law. Iflighting is required, the WCF Applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF Applicant shall promptly report any outage or malfunction of FAA- K. Storage. The storage of unused equipment, materials or supplies is prohibited on any Tower-Based WCF site. L. Repair ofNon-Conforming Tower-Based WCF. Non-conforming Tower-Based WCFs which arel hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions oft this section. The Collocation of Antennas is permitted on non-conforming structures. M. Insurance. Each Person that owns or operates a' Tower-Based WCF shall provide thel Borough Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of$5,000,000 per occurrence covering the Tower-Based WCF.  service to the Tower-Based WCF.  ground disturbance and the cutting of vegetation.  minimize soil erosion.  mandated lighting to the appropriate governmental authorities and to thel Borough Secretary.  N. Timing of Approval.    (a) Within thirty (30) calendar days of the date that an application for a Tower-Based WCF is filed with the Borough Zoning Officer, the Borough Zoning Officer shall notify the WCF Applicant in writing of any (b) Within one hundred fifty (150) days of receipt ofa complete application for a Towér-Based WCF, Zoning Hearing Board shall make a decision to approve or deny the proposed Tower-Based WCF and the Borough Zoning Officer shall issue the required! building and zoning permits authorizing construction ofthe WCF.  information thatn may be required to complete such application.  24. Regulations Applicable to all Small Wireless Communications Facilities. The following regulations shall apply to Small  Wireless Communications Facilities: A. Location standards.  (1) Small WCFs are a permitted use inside the rights of way in all Borough zoning districts subject to the  requirements ofthis Section 507 and generally applicable permitting as required by the Borough Code.  B. Application Procedures.  (1). Applications for Small WCFs shall be submitted to the Borough Zoning Officer.  (2) Applications for Small WCFs shall include the following:  (i). A cover letter detailing the location of the proposed site, all equipment (ii). A before and after depiction oft the proposed site, such as a construction (lii) Ifthe Small WCF is proposed for al location on an existing structure or (iv)Ifinstallation ofar new or replacement Wireless Support Structure is  being proposed as part of the Small WCF, and a certificate that the WCF Applicant  has included all  information required by Borough Zoning Ordinance, signed bya showing all equipment being proposed as part oft the Small WCF.  representativeofthe' WCF Applicant.  drawing,  replacement Wireless Support Structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such being proposed, the depiction shall include the color, dimensions, material and type  attachments. of  Wireless  Support Structure proposed.  (3)7 The manufacturer: andi model, proposed location, andphysical dimensions (including volume) ofeach piece (4) An aerial photograph of the proposed site showing the area within 50 feet of the Small WCF. The aerial (5).Photo simulations depicting the Small WCF from at least three locations near the proposed site. The photo (6)A written certification by astructural engineer licensedi in the Commonwealth of Pennsylvania confirming (7) Ar report by a qualified engineering expert which shows that the Small WCF will comply with applicable  ofequipment proposed as part of the Small WCF. photograph shall identify all structures within such radius.  simulations should reflect the proposed design and location ofa all equipment associated with the Small WCF. that the proposed Small WCF and Wireless Support Structure are structurally sound and shall not endanger public health  and safety.  FCC regulations, including applicable standards for radiofrequency emissions.  (8) A certificate ofinsurance as required by this Section: 507.  (9) Certification oft the applications compliance with all requirements ofthis Section 507. (10) All application fees required by the Borough as detailed in the Borough fee schedule.  (C) Resubmission Upon Denial.  (1) If the Borough denies an application for a Small WCF, the Borough shall provide the communications  facility applicant with written documentation oft the basis for the denial, including the specific provisions ofthe Borough Zoning  Ordinance on which the denial was based, within five (5) business days of the denial.    (2) The WCF Applicant may cure the deficiencies identified by the Borough and resubmit the application  within thirty (30) days ofreceiving the written basis for the denial without being required to pay any additional application D.Historic Buildings. No Small WCF may be located within onel hundred (100) feet ofany property, or onal building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be sO listed, located within a E.T Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal ofa all Small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. The owner ofa Small WCF shall notify the Borough ofany construction, maintenance, repair F.Obstruction. Small WCF and Accessory Equipment shall be located: so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to] pedestrians and/or motorists, or to otherwise inconvenience public G. Third Party Wireless Support Structures. Where the Small WCF is proposed for Collocation on a Wireless Support Structure that is not owned by the WCF Applicant, the WCF Applicant shall present evidence to the Zoning Officer that the OWner of the Wireless Support Structure has authorized Collocation ofthe proposed Small WCF. Graffiti. Any graffiti on a Small WCF, including the Wireless Support Structure and any Accessory Equipment, shall bei removed at thes sole expense H. Graffiti. Any graffiti on a Small WCF, including the Wireless Support Structure and any Accessory Equipment, shalll be removed at the expense ofthe owner within thirty (30) days ofnotification by the Borough L.Design standards. All Small WCF in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design. Manual. A copy ofsuch shall be kept on file at the Borough Office.  fee. The Borough shall approve or deny the revised application within a4 45 day period.  historic district, or is included in the official historic structures list maintained by the Borough.  and/or removal activities relating to any Small WCF in the ROW.  use oft the ROW as determined by the Borough.  ofthe owner within thirty (30) days ofnotification by the Borough.  J.Timing of Approval.  (I) Within ten (10) business days of the date that an application for a Small WCF is filed with the Borough Zoning Officer, the Borough shall notify the WCF Applicant in writing of any information that (2) Within sixty (60) calendar days ofreceipt of an application for Collocation ofa Small WCF ona preexisting Wireless Support Structure, the Borough Zoning Officer shall make a final decision on whether to approve the: application and shall notify the WCF Applicant in writing of such decision. (3) Within ninety (90) calendar days of receipt of an application for a Small WCF requiring the installation ofa new or replacement Wireless Support Structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF Applicant in writing of  may be required to complete such application.  such decision.  K. Relocation or Removal ofFacilities. Within sixty (60) days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter periodi int the case ofan emergency, an owner ofa Small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent withi its police powers and applicable Public Utility Commission regulations, shall determine that such removal, (I)The construction, repair, maintenance or installation ofany Borough or other public improvement int the right-of-way;  relocation, change or alteration is reasonably necessary under the following circumstances:  (2)1 The operations ofthe Borough or other govemmental entity in thel Right-of-Way; (3) Vacation ofa street or road or the release ofal utility easement; or (4). An emergency as determined by the Borough.  L. Time Limit for Completion of Construction. The proposed Collocation, Modification or Replacement ofa Wireless Support Structure or thei installation ofanew Wireless Support Structure with Small WCF attached for which a permit is granted under this    Section shall be completed within one (I)year of the permit issuance date unless the Borough andt the WCF Applicant agree in M. Duration of Permit. A permit fora a Small WCF shall have at tem of five (5)years. Such permit shalll be renewed for two additional five (5): year periods ifthe WCF Applicant is in compliance eith this Section 507 andi the WCF Applicant has obtained allr necessary consent from the owner oft the structure upon which the Small WCF will be attached. The WCF. Applicant shall submit proof ofs such compliance with all requirement of this Section: 507 prior to the expiration ofany five (5): year term. N. Reimbursement for ROW Use. In addition toj permit fees as described in this section, every Small WCF in the ROW is subject to thel Borough'sr right to fix annually a fair and reasonable fee tol be paid for use and occupancy of thel ROW. Such compensation for ROW use: shalll be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance ofa allreviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner ofeach Small WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's O. Insurance. Each person that owns or operates a Small WCF shall annually provide the Borough with a certificate ofi insurance evidencing general liability coverage in the minimum amount of$1,000,000 per occurrence and property damage coverage in the 2. Section 27-802 (Commercial Communication Devices) ofthel Borough'sZoning Ordinance is hereby deleted in its entirety.  writing to extend the period.  costs incurredi in connection with the activities described above.  minimum amount of$I,000,000 per occurrence covering the Small WCF."  THIS ORDINANCE is effective upon enactment.  ENACTED AS ANORDINANCE of the Borough of Clarks Green this 15th day of_ March 2023.  ATTEST: /s/Joanne Culbertson Joanne Culbertson, Secretary  BOROUGH OF CLARKS GREEN BY: /s/David Rinaldi David Rinaldi, President Clarks Green Borough Council BY: /s/. Joseph Barrasse Joseph Barrasse, Mayor  Approved this 15th day of March 2023.  Mr. Toms motioned to adopt Ordinance No. lof2023, amending Chapter 27 oft the Code ofOrdinances ofthe Borough of Clarks Green (Zoning) to include regulation of wireless communication facilities within the Borough, seconded by Ms. Igoe. Mr. Williams, Mr. Curran, Ms. Igoe, Mr. Nealon, Mr. Toms, and Mr. Rinaldi voted in favor. Mr. Rinaldi informed Council the rear garage entrance door is damaged and needs to be replaced. Mr. Rinaldi explained it had repaired on several occasions but now, the recent camera bracket that was installed to the frame oft the door started separating sO to continue with the access hardware and camera systems installation a replacement door is needed. Mr. Rinaldi told Council ag quote from Mesko Glass was obtained in the amount of$4, 925.00 and entertained a motion to purchase. Mr. Toms motioned to replace the rear side garage door at the cost of $4,925.00, seconded by Ms. Igoe. Mr. Toms, Ms. Igoe, Mr. Nealon, Mr. Williams, Mr. Curran and Mr. Rinaldi voted in favor. The next agenda item was an Electronic Systems Compliance Upgrade quote in the amount of $5,875.99 from Appel for required infrastructure upgrades such as wiring, a gateway to protect office networks, backup storage which will allow our new technologies to work together. Mr. Rinaldi reminded Council it has been many years since the Borough replaced older computers. Ms. Igoe motioned to accept the Appel's Compliance Upgrade quote at the cost of $5,875.99, seconded by Mr. Toms. Mr. Curran, Mr. Williams, Mr. Toms, Mr. Nealon, Ms. Igoe and Mr. Rinaldi voted in favor. Mr. Rinaldi told Council after the equipment upgrades are installed the Borough will finally be positioned for Appel to manage and support our systems for $572 monthly. Ms. Igoe motioned to accept Appel's Service Agreement at the cost of $572 monthly, seconded by Mr. Nealon. Ms. Igoe, Mr. Nealon, Mr. Toms, Mr. Williams, Mr. Curran and Mr. Rinaldi voted in favor. Mr. Rinaldi entertained a motion for the partial payment of the skid steer at the cost of $61,496.97 and requesting partial reimbursement from the LST Grant award in the amount of $61,496.97. Mr. Rinaldi stated the remainder oft the equipment in Bartron's proposal    consisting of the brush attachments still have not been delivered nor has Barton'si responded to the Borough'si inquiries as to a delivery date. Ms. Igoe motioned, seconded by Mr. Nealon. Mr. Nealon, Ms. Igoe, Mr. Curran, Mr. Toms, Mr. Williams and Mr. Rinaldi voted in favor. Mr. Rinaldi told Council our grant consultants will do the necessary paperwork for the LSA Grant reimbursement. NEW BUSINESS: Mr. Rinaldi reminded Council that financial statements need to filed by May 1, 2023. Mr. Williams reported to Council that he had received a notice from PPL Electric that trees will be trimmed but did not have any dates. Secretary Culbertson stated she will contact PPL on this notice. Mr. Curran asked ifwe had a generator for electric backup and safety purposes and ifr not our Covid funding could cover the cost. Mr. Rinaldi stated that is excellent suggestion and it is something that should be considered since it would end the safety issue with the Borough traffic light during power outages. MOTION FOR ADJOURNMENT: Mr. Rinaldi entertained the motion to adjourn the meeting. Ms. Igoe motioned to adjourn the meeting at 7:45 P.M., seconded by Mr. Toms. All in attendance voted in  favor.  Secretary  Sus    CLARKS GREEN BOROUGH COUNCILMEETING AGENDA March 15, 2023 7:00PM  1. CallTo Order and Pledge of Allegiance- -President Rinaldi  2. RollCall-Secretary Culbertson  3. Motions to approve the Council Meeting Minutes February 15, 2023  4. Public Comment. 5. Police and/or Fire Report. 6. Mayor's Report. Bank CD.  7. Review of Borough Financials, Budget VS. Actual Report and Motion to pay bills. Discussion on maturing Wayne 8. Consideration of Clarks Green Borough Resolution 3 of 2023 reflecting change in: scope of 2022 Small Waterand 9. Consideration of Clarks Green Borough Ordinance 1of 2023 Amending the Clarks Green Borough Zoning Ordinance adding new. Section regulating Wireless Transmission Facilities within the Borough. 10. Consideration of proposal to replace damaged rear garage entrance door. Mesko Glass March 10, 2023 Door 11. Consideration of Appel IT Support Agreement for Borough computer and related systems maintenance including 12. Consideration of partial payment for Skid Steer and request for partial reimbursement from LST Grant award. 13. Other Business/discussion. Reminder all elected and appointed Borough Officials need to file their Statement of  Sewer Grant Application.  Replacement Proposal int the amount of $4925.00. Borough document retention and control support.  Financial Interest by May1, 2023. 14. Motion to Adjourn.  NOTE TO VISITORS: Please sign the attendance sheet and indicate if you wish to observe the meeting or to address Council, stating the agenda topic on which you would like to comment. Thank you.