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.
D. Enhance the ability of providers of wireless communications services
to provide such services to the Township, and ensure access to reliable
wireless communications services throughout all areas of the Township.
E. Ensure public health, safety, welfare, and convenience.
F. Preserve the residential character of the Township.
G. Encourage the location of support structures, to the extent possible,
in areas where the adverse impact on the community will be minimal.
H. Comply with the Telecommunications Act of 1996, 47 U.S.C.
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 but not limited to, omnidirectional dipole, directional
antenna (panel), distributed-antenna system, or parabolic antenna
disc. The antenna shall not include the support structure defined
below.
BASE STATION (MICROCELL TYPE)
Wireless communications facilities consisting of an antenna
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.
EQUIPMENT FACILITY
Any equipment serving or being used in conjunction with a
wireless telecommunications facility, including but not limited to,
utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or other structures.
PUBLIC UTILITY
An entity regulated by the Pennsylvania Public Utility Commission.
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 AGREEMENT
A ROW use agreement is a written agreement between the applicant/provider
and the Township that the applicant/provider will pay an annual ROW
use fee as set forth in the Fee Schedule contained in the Township
Consolidated Fee Schedule. This fee is directly related to the Township's
costs in managing the use of ROW for the provision of wireless communications
service.
RIGHT-OF-WAY USE PERMIT
A ROW use permit is a written authorization granted by the
Township to an applicant to enter upon and occupy a ROW 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 Federal Communications Commission (FCC)
licensed commercial wireless specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed.
No wireless communications facility shall be installed, constructed, maintained, or operated in any ROW except in compliance with this article, and all other applicable provisions of the Township Code, including but not limited to Chapter
120, Streets and Sidewalks, Article
III Excavations and Openings. 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
143, Zoning. The placement of wireless communications facilities outside of a public ROW shall be governed both by the requirements of this article and those of Chapter
143, Zoning.
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.
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 in this article.