A Telecommunications Commission is hereby created in accordance
with the provisions of the laws of Pennsylvania and the United States
of America. The members of the Telecommunications Commission initially
shall consist of those members of the Telecommunications Committee
appointed by Council. These members shall continue to serve.
The Commission shall consist of five members. The composition
of the Commission shall include: a duly-elected member of Township
Council, an engineer experienced in wireless telecommunications, the
Township Engineer and two other persons, all to be appointed by the
Mayor with approval of Council in accordance with The Home Rule Charter.
The term of office for each member shall be five years, unless ended
sooner. Should a member fail to serve the full five-year term, a replacement
member shall be appointed as provided for above. The members shall
serve as provided for by law. Removal of Commission members shall
be governed by the provisions of law.
The Commission shall have the functions and powers as set forth below.
A. To study the Federal Telecommunications Act of 1996, as amended,
to determine what changes, if any, should be made to Township ordinances;
B. To advise Council regarding proposed revisions to Township ordinances;
C. To review, approve, grant franchises and otherwise regulate cable
and wireless telecommunication matters as provided for by the Federal
Telecommunications Act of 1996, as amended.
D. Such other functions and powers as Council may provide to the Commission
through subsequent ordinances and/or resolutions.
The Commission shall elect officers and shall organize and operate
in accordance with the procedures and rules as may be adopted by the
Commission consistent with the Township's Home Rule Charter and state
law. For the taking of any action, a quorum shall be not less than
a majority of all members of the Commission, but the Commission may
appoint a hearing officer from its own membership to conduct any hearing
on its behalf, and the parties may waive decision or findings by the
Commission and accept the decision or findings of the hearing officer
as final.
This article shall become effective March 19, 1997.
[Added 8-20-1997 by Ord.
No. 2865]
A. In addition to the functions and powers as set forth in Ordinance
No. 2853, the Telecommunications Commission shall have the functions
and powers as set forth below:
(1) To establish rules, regulations and procedures for administrative purposes consistent with the purposes, goals and dictates of §
550-38, Wireless telecommunications facilities, of Chapter
550, Zoning, of this Code;
[Amended 5-19-2010 by Ord. No. 2984]
(2) To collect any fees or charges for the benefit of the Township;
(3) To conduct administrative reviews as needed and make such findings
and decisions that the Telecommunications Commission determines fair,
reasonable, lawful and in the best interests of Upper Darby Township;
and
(4) To negotiate the terms of lease agreements regarding property in
Telecommunications Overlay Zoning Districts.
B. Effective date. This section shall become effective August 22, 1997.