[Adopted 3-19-1997 by Ord. No. 2853]
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.