As used in this article, the following terms shall have the
meanings indicated:
AFFILIATE
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communications services. An antenna shall not include private
residence-mounted satellite dishes or television antennas or amateur
radio equipment including, without limitation, ham or citizen band
radio antennas.
CABLE
Facilities consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide service which includes video programming
and which is provided to multiple subscribers within the Township;
but such term does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves subscribers without using any right-of-way;
C.
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such facility shall be considered a
cable system [other than § 541(c)] to the extent such facility is used in the transmission
of video programming directly to subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
D.
An open video system that complies with 47 U.S.C. § 573;
or
E.
Any facilities of any electric utility used solely for operating
its electric utility system.
COMMERCIAL COMMUNICATION FACILITY
The antenna, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended as of the time
of enactment of this article.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the right-of-way.
FACILITY or FACILITIES
Conduit, pipes, cables, wires, lines, towers, optic fiber,
poles, associated equipment and appurtenances, and any other facilities
located in the right-of-way and designed, constructed, and/or used,
by telecommunications providers, public utilities, or other persons
for transmitting, transporting, or distributing communications, telecommunications,
electricity, natural gas or manufactured gas, oil, gasoline, steam,
or any other form of energy, signal or substance. The term "facility"
or "facilities" includes a commercial communications facility, a non-tower
commercial facility (non-tower CCF) and wireless communication facilities.
GRANTEE
A person who enjoys an exclusive privilege to occupy or use
a public right-of-way to provide nonexempt service under this article
and who is in continuous compliance with this article.
GROSS REVENUE
A.
All gross revenue of grantee or any affiliate of grantee derived
from the use or occupancy of right-of-way for the provision of nonexempt
services to persons having a residence or place of business in the
Township. Gross revenue shall include amounts earned, regardless of:
(1)
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to grantee or its affiliates;
(2)
Whether the services with which the revenue is associated are
provided at cost or the revenue amount can be matched against an equivalent
expenditure; and/or
(3)
How the amounts are initially recorded by grantee or its affiliates.
B.
Gross revenue shall not be a net of:
(1)
Expense, including but not limited to any operating expense;
capital expense; sales expense; or commission;
(2)
Any accrual, including, without limitation, any accrual for
commissions; or
(3)
Any other expenditure, regardless of whether such expense, deduction,
accrual, or expenditure reflects a cash payment.
C.
Gross revenue shall not be double counted, viz., "gross revenue"
which has been included as gross revenue of both grantee and an affiliate
but which sum is included in gross revenue due solely to a transfer
of funds between grantee and the affiliate shall not be counted for
purposes of determining gross revenue.
NON-TOWER COMMERCIAL FACILITY (NON-TOWER CCF)
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower CCF
shall not include support structures for antennas and related equipment.
PERSON
Corporations, companies, associations, joint stock companies,
firms, partnerships, limited liability companies, and other entities;
municipal, industrial development, housing, redevelopment, and other
authorities and corporations established pursuant to statutes of the
Commonwealth of Pennsylvania; and individuals provided that person
does not include or apply to the Township or to any department or
agency of the Township.
RIGHT-OF-WAY, RIGHTS-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes but excluding
lands other than streets that are owned by the Township. The phrase
"in the right(s)-of-way" means "in, on, over, along, above and/or
under the right(s)-of-way."
SERVICE(S)
Any telecommunications service, cable service, video programming
service, information service, utility service (including, but not
limited to, electric, gas, water, or steam service), or other form
of service provided by means of facilities located in the right-of-way.
STEALTH TECHNOLOGY
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed WCF into the existing structure or visual backdrop in such
a manner as to render it less 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, light poles, utility poles or flag poles.
STREET
A strip of land or part thereof within the right-of-way,
whether dedicated or not, that is intended or used for vehicular and
pedestrian traffic. The phrase "in the (a) street(s)" means "in, on,
over, along, above and/or under the (a) street(s)."
SYSTEM
Any telecommunications system, or integral part thereof.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
TOWNSHIP
The Township of Lehigh, Northampton County, Pennsylvania.
TOWNSHIP ENGINEER
The person engaged by the Township to perform engineering
services on behalf of the Township.
TOWNSHIP PROPERTY
All real property now or hereafter owned by the Township
whether in fee ownership or other interest.
TOWNSHIP WORK
All construction work performed by the Township or any of
its departments, either with its own personnel or under contract,
including repair, alteration, replacement, or maintenance of facilities
owned, operated, maintained, or controlled by the Township or for
which the Township is responsible.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for tower-based facilities.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless telecommunications services.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based CCF or any
other support structure that could support the placement or installation
of a commercial communications facility.
Each person, other than on a transitory basis, who occupies
or uses or seeks to occupy or use the right-of-way to provide a nonexempt
service to persons, residences or businesses within the Township,
or places any equipment or facility in a right-of-way other than on
a transitory basis, including persons with installation and maintenance
responsibilities by lease, sublease or assignment, must register with
the Township. A completed provider certification form and associated
documents as outlined on the form shall be submitted to and accepted
by the Township.
Alternative tower structures shall be implemented when possible.
"Alternative tower structures" shall mean man-made trees, clock towers,
tall steeples, light poles, and similar alternative design mounting
structures that camouflage or conceal the presence of antennas or
towers. Further, antenna support structures shall be painted in a
color that best allows them to blend into the surroundings unless
otherwise required by the Federal Aviation Administration (FAA) regulations.
The use of grays, blues and greens may be appropriate; however, each
case should be evaluated individually. No antenna support structure
may be artificially lighted except when required by the FAA.
The grantee shall at all times be subject to the exercise of
the police power of the Township. The grantee shall comply with all
lawful ordinances, codes, laws, rules and regulations of the Township,
County of Northampton, Commonwealth of Pennsylvania, and the United
States of America which are now in effect or hereafter enacted.
Whenever the requirements of this article are in conflict with
other requirements of the ordinances of Lehigh Township, the most
restrictive, or those imposing the highest standards shall govern.
Privileges granted by this article do not constitute a waiver or impairment
of the rights of the Township at law or equity now or henceforth existing
to proceed versus the grantee for enforcement of this article or violation
of this article or ordinances of the Township.