[HISTORY: Adopted by the Township Council of the Township of Hampton 11-17-2004 by Ord. No. 641. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction code — See Ch. 120.
Zoning — See Ch. 310.
As used in this chapter, the following terms shall have the meanings indicated:
HUB-BASED INTERFACE STATION
A unit which connects the wireless provider's RS signal to the RANs.
OPEN ACCESS PLATFORM
A device simultaneously supporting multiple wireless service providers by transporting many different service providers' RS signals to where such service provider desires coverage and subscriber access.
PERMIT
A permit issued by the Township of Hampton for the installation and use of RF access nodes or hub-based interface units installed upon any telephone pole, light standard, etc., or other structure situate within the Township of Hampton following application by service provider responsible for the installation. A permit shall be required for each unit used in a particular pattern to provide signal presence in a given area.
RADIO FREQUENCY ACCESS NODES
A network of antennas transporting many different service providers' RF signals to where such providers desire coverage and subscribers to accommodate subscriber access located in a pattern to provide a high QOS RF signal presence in a given area.
STRUCTURE, RAN
Telephone poles, sign posts, light standards, buildings, bridges and/or any series of the same connecting a network of RF transmissions for a service provider not otherwise prohibited in the ordinances of the Township of Hampton, thereby connecting a network of RF transmissions for a service provider. The term does not include telephone towers, antennas, telecommunications' towers, or structures defined in Chapter 310, Zoning, Article V, and expressly excludes communications' facilities and tower sites and existing structures referred to therein.
Any person or persons, partnership, firm or corporation, desiring to procure a permit under this chapter shall make application therefor to the Land Use Development Director of the Township of Hampton. Said application form as supplied by the Township shall be completed in its entirety and submitted over the signature of the applicant or applicants.
No permit shall be issued unless it complies with all Township codes pertaining to zoning, land use, public safety, and other regulations pertaining to such activity. The Land Use Administrator of the Township of Hampton is hereby empowered to administrate and enforce the provisions of this chapter. He or she is further empowered and authorized to appoint and delegate police officers or other officials to conduct the necessary inspection of such operations, as are controlled by this chapter. Further, the Land Use Administrator is empowered to prescribe and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this chapter.
No permit shall be issued until:
A. 
An initial review fee in such sum as set by resolution of the Township Council is paid for a review of the application for an RAN area in which individual RANs and hub-based station interface units are to be erected.
B. 
In addition to the initial fee, a permit fee as set by resolution of the Township Council for each RAN or hub-based station interface unit shall be required to be paid in advance.
C. 
An annual permit fee as set by resolution of the Township Council shall be required to be paid for each year that any such RAN or hub station interface unit continues to be functional within the Township of Hampton.
D. 
For the purposes of this section, the annual permit fee imposed herein shall become due and payable on January 1 of each and every year, and all permits shall expire on December 31 of each and every year. All applications for such permits shall be made, and the fees due thereon shall be paid on or before the first day of January of each and every year thereafter; further, any such device proposed to be installed in the Township of Hampton after the first day of January of any such year shall require a permit, the fee to be paid thereon prior to the installation thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No permit issued hereunder shall be transferable, and shall be issued only for the first year of such use which shall be designated on the permit. In the event that the person or persons, firm or corporation to whom a permit shall have been issued, shall sell, assign or give the rights to another person or person, firm or corporation, the successor operator of these devices shall submit a new application for a license and pay the same fees as set forth in § 235-4. Each permit issued by the Township shall bear a license number and year, and the license shall be affixed to respective units. An applicant for such a permit shall submit:
A. 
A drawing indicating the locations and the color for each unit describing the particular area that such unit or units are to serve.
B. 
A written agreement executed by the person or persons or owners of any such pole, or structure upon which the unit is to be installed, evidencing the right of such owner to use the area or right-of-way upon which the units are to be installed and authorizing the applicant to use the same.
C. 
A comprehensive and complete description of the unit for which the permit is sought.
D. 
An agreement of the applicant and any service provider evidencing the availability of operations personnel to maintain all equipment, perform periodic maintenance routines, and availability for immediate dispatch for any emergency issues.
No RANs or hub-based interface stations shall exceed the following:
A. 
RAN dimensions: 36 inches high by 32 inches wide, and 24 inches deep. The hub interface shall not exceed 84 inches in height, 24 inches in width and 24 inches in depth. The hub interface shall not exceed 500 watts in power usage, or minus 48 VDC DC power and shall comply fully with FCC Compliance Regulations CFR 47, Part 22, 24 and 90.
B. 
The units shall be installed at least eight feet from the ground on any structure.
C. 
The color of the unit shall not be neon or brightly colored. The unit shall not be out of place with the unit's surroundings. The unit color shall blend in with background area surrounding the unit.
In the event that the Land Use Administrator of the Township shall determine, in his sole discretion, that the equipment to be installed under the provisions of this chapter are not compliant with or covered by the terms of this chapter, then the Land Use Administrator may refuse to issue such a permit. The applicant may then appeal the denial by the Land Use Administrator to the Council of the Township of Hampton. Any such appeal shall be taken within 15 days following the refusal of the permit by the Land Use Administrator; a hearing upon the matter shall be held no later than the regular meeting of the Township Council occurring within 50 days after the denial of the permit.
In considering an application, the Township of Hampton may use such outside experts as it deems necessary. In the event that the Township of Hampton deems it necessary to employ such outside expert to advise the Township as to a particular application, the reasonable costs of such experts shall be borne by the applicant.
Permits issued hereunder shall be issued for a period of one year for as provided in § 235-4. The Township of Hampton may suspend such permit in the event that any one or more of the following events has occurred:
A. 
The permit holder shall have caused damage to Township of Hampton property, without the prior consent of the Township (except in the case of an emergency) and without completing proper restoration thereafter.
B. 
The permit holder's equipment and the use thereof has had a detrimental effect on public safety as determined by the Police Department or the Public Works Department of the Township of Hampton.
C. 
Permit holder fails to pay any of the fees required under this chapter.
D. 
Permit holder fails to comply with construction standards in accordance with the provisions set out hereafter.
E. 
Permit holder discontinues use of the equipment.
If the Township of Hampton has reason to believe that one or more of the above events have occurred, it shall notify the permit holder in writing. The permit holder shall have 30 days to cure the violation or to remove the equipment used if such use is being discontinued, unless the Township reasonably determines that the event is an emergency, in which case the Township may impose a shorter time period to cure the violation. In the event that the permit holder fails to cure the violation within the specified time period, the Township shall immediately suspend the permit.
Before commencing any construction on the units referred to herein, a permit holder shall submit to the Township detailed plans of the proposed construction activity. Such plans shall include the type of construction activity, the equipment proposed to be installed or erected, specific locations of the construction activity and the scheduled beginning and ending dates of all planned construction. Such plans also include the names, addresses, and experience of any and all subcontractors whom applicant intends to utilize. The Township shall have 45 days following the submission of such information to review the same.
In addition to the fees set forth herein, a permittee shall pay, within 30 days of the presentation of such a statement, any extraordinary or unusual expenses reasonably incurred by the Township as a result of the permittee's use of the equipment installed hereunder or any required removal thereof; provided, however, that the Township notifies the permit holder of the expected expenses prior to them being incurred, and provided the permit holder with an opportunity to mitigate such expenses. Should the Township be denied the right to anticipate such expenses, it may bill the permittee for such costs ordinarily incurred by the Township. A permittee submitting an application for a permit hereunder shall insure that its application and the construction of the equipment and installation of the same shall conform with the RF specifications attached hereto, made a part hereof, and marked Schedule "A."[1]
[1]
Editor's Note: Said schedule is on file in the Township offices.
No equipment or units installed under provisions of this chapter shall endanger or interfere with safety of persons or property within the Township of Hampton. All operating, maintenance, construction and repair personnel shall be thoroughly trained in the safe use of all equipment, and in the safe operation of their vehicles. Such personnel shall follow all safety procedures required by applicable federal, state and local laws and regulations. The permit holder shall be responsible to routinely inspect and maintain all areas of the system, so the conditions that could develop into safety hazards shall be corrected.
The permit holder shall notify nearby residents of any construction activity in the manner which is determined by the Township of Hampton. The permittee shall notify the residents of the name of the permit holder, and the time and date of the construction for any such equipment.
Any permittee shall, at its sole cost and expense, indemnify and hold harmless the Township of Hampton, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death and property damage arising out of the permit holder's use or installation of the equipment. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
A permit holder shall at all times, during the life of a permit, carry and require its subcontractors to carry liability, property damage, worker's disability and vehicle insurance, in such form and amount as may be determined by the Township of Hampton, as set forth in the permit. All required insurance coverage shall provide 30 days' notice by the insurer to the Township of Hampton in the event of a material alteration or cancellation of such coverage.