[Adopted 10-13-2009 by Ord. No. 2583]
The intent of this article is to:
A. Provide clear standards and review requirements addressing the installation
and maintenance of wireless communications facilities in rights-of-way.
B. Assist the Township in managing and maintaining its rights-of-way
in accordance with applicable law for the long-term benefit of the
public.
C. Recover the costs of maintaining, managing, and regulating the installation
and maintenance of wireless communications facilities in rights-of-way.
No wireless communications facility shall be installed, constructed, maintained, or operated in any right-of-way except in compliance with this article, and all other applicable provisions of the Township Code, including but not limited to Chapter
157, Streets and Sidewalks, Article
III, Excavations, Openings, and Occupancy. The placement of wireless communications facilities in a public ROW shall be governed by this article and shall not be subject to the requirements of Chapter
182, Zoning.
As used in this article, the following words and terms shall
have the following meanings:
ANTENNA ARRAY
One or more dipoles, panels (discs) or other devices used
for the transmission or reception of radio frequency signals, which
may include omnidirectional dipole, directional antenna (panel) and
parabolic antenna disc. The antenna array shall not include the support
structure.
APPLICANT
The person applying for a ROW use permit.
APPLICATION
The form prescribed by the Township, which the applicant
must complete in order to obtain a ROW use permit under this article.
BASE STATION (MICROCELL TYPE)
Wireless communications facilities consisting of an array
that is either no more than four feet in height with an area of not
more than 580 square inches or, if a tubular antenna, no more than
four inches in diameter and no more than six feet in height.
EMERGENCY
A condition that, in the judgment of the Township Manager,
constitutes an imminent risk to health, welfare, or safety of the
public.
EQUIPMENT FACILITY
Any structure or enclosure used to contain ancillary equipment
as a component of a wireless communications facility, including a
cabinet, shelter, a buildout of an existing structure or a pedestal.
PERMITTEE
The recipient of a ROW use permit and its contractors and/or
subcontractors.
PERSON
Any individual, corporation, partnership, association, governmental
entity or any other legal entity, but not the Township of Haverford.
PUBLIC UTILITY
A public utility corporation certificated by the Pennsylvania
Public Utility Commission and acting within its certificated authority.
RIGHT-OF-WAY or ROW
The space in, upon, above, along, across, and over the public
streets, roads, lanes, courts, ways, alleys, boulevards, and places,
including all public utility easements and public service easements
that are under the jurisdiction of the Township. The phrase "in the
right(s)-of-way" means "in, on, over, along, above and/or under the
right(s)-of-way."
RIGHT-OF-WAY USE PERMIT or ROW USE PERMIT
A written authorization granted by the Township to an applicant
to enter upon and occupy a right-of-way for the purpose of installing,
constructing, maintaining, or operating wireless communications facilities.
SUPPORT STRUCTURE
A structure designed and constructed to support an antenna
array or base station.
WIRELESS COMMUNICATIONS FACILITY
Any unstaffed facility for the transmission and/or reception
of wireless communications services, usually consisting of an antenna
array or base station, connection cables, an equipment facility and
a support structure or attachment structure to achieve the necessary
elevation.
WIRELESS COMMUNICATIONS SERVICE
Any personal wireless service as defined by the federal Telecommunications
Act of 1996, which includes FCC-licensed commercial wireless telecommunications
services, including cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or that may
in the future be developed.
A ROW use permit may be transferred provided that:
A. The permittee notifies the Township of its intent to transfer the
ROW use permit in writing at least 30 days prior to the transfer;
B. The permittee is not in violation of any of the conditions of the
ROW use permit or any provisions of this article; and
C. The transferee accepts the transfer and is a party to a current ROW
use agreement with the Township.
Within 120 days of the expiration or termination of a ROW use
permit, whether by action of the Township or otherwise, the permittee
shall remove the wireless communications facility from the right-of-way
and shall restore the right-of-way to a condition satisfactory to
the Township. If such removal is not completed within six months of
the expiration/termination, the Township may deem any facilities or
other property not removed as abandoned. The Township may remove the
facilities and restore the right-of-way at the sole expense of the
permittee. The permittee's obligation to remove its facilities
and restore the right-of-way shall survive the expiration/termination
of the ROW use permit.
The Township shall require the relocation of a wireless communications
facility at the permittee's expense if necessary to accommodate
the location or relocation of the ROW facilities of the Township or
a public utility or to protect the public safety.
No ROW use permit shall estop or limit the Township in the full
exercise of its governmental powers to protect the health and safety
of the public, and all other governmental powers may be fully exercised
except as expressly provided herein.