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File #: 2021-2314    Version:
Type: Ordinance Status: Passed Finally
File created: 12/10/2021 In control: Committee on Public Works
On agenda: 12/14/2021 Final action: 12/28/2021
Enactment date: 12/28/2021 Enactment #: 70
Effective date: 12/30/2021    
Title: Ordinance amending and supplementing the Pittsburgh City Code, Title 4: Public Place and Property, Article II: Telecommunications in the Public Right-of-Way, by amending and supplementing language to Sections 427.03, 427.06, 427.07, 427.09, 427.11, 427.16, 427.19, and 427.20, establishing certain general and specific standards relating to the location, placement, construction and maintenance of Non-Tower Wireless Communications Facilities, and Small Cell Facilities; establishing certain general and specific standards for Wireless Communication Facilities in the public rights-of-way; establishing certain general and specific standards for Wireless Communications Facilities outside the public rights-of-way; providing for definitions; providing for the enforcement of said regulations; and providing for an effective date.
Indexes: PGH. CODE ORDINANCES TITLE 04 - PUBLIC PLACES
Attachments: 1. 2021-2314 Cover Letter-Sign_City of Pittsburgh - Ch 427 Ordinance Amendment Letter_ Letterhead, 2. Summary 2021-2314
Title
Ordinance amending and supplementing the Pittsburgh City Code, Title 4: Public Place and Property, Article II: Telecommunications in the Public Right-of-Way, by amending and supplementing language to Sections 427.03, 427.06, 427.07, 427.09, 427.11, 427.16, 427.19, and 427.20, establishing certain general and specific standards relating to the location, placement, construction and maintenance of Non-Tower Wireless Communications Facilities, and Small Cell Facilities; establishing certain general and specific standards for Wireless Communication Facilities in the public rights-of-way; establishing certain general and specific standards for Wireless Communications Facilities outside the public rights-of-way; providing for definitions; providing for the enforcement of said regulations; and providing for an effective date.

Body
WHEREAS, the City of Pittsburgh ("City") regulates telecommunications systems, which include small cell facilities, in the City rights-of-way via Title Four, Article II, Chapter 427 "Telecommunications Systems in the Right-of-Way" of the City Code; and

WHERAS, regulation by local governments of the deployment of such small cell facilities is governed by certain federal and state laws and regulations; and

WHEREAS, the Pennsylvania General Assembly recently enacted PA Act 50, entitled the "Small Wireless Facilities Deployment Act," which imposes additional restrictions on the regulation of such small cell facilities located in the public rights-of-way by municipalities in the Commonwealth of Pennsylvania; and

WHEREAS, PA Act 50 specifically requires the amendment of any local ordinances that are inconsistent with the Act, stating in Section 7(a) thereof that:

(a) Ordinances. -- A municipality may adopt ordinances that comply with this act and shall amend existing ordinances as necessary to comply with this act; and

WHEREAS, the City has determined that it must adopt certain amendments to the provisions of Chapter 427 of the City...

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