Township of Harmar, PA COMMUNICATIONS SYSTEMS IN PUBLIC RIGHT-OF-WAY

Part 4 COMMUNICATIONS SYSTEMS IN PUBLIC RIGHT-OF-WAY

[Ord. No. 433, 2/21/2019]

The purposes of this Part include a desire to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of facilities in Township rights-of-way to the extent that such facilities are not subject to the provisions of a controlling franchise agreement. With respect to wireless communications facilities, it is the purpose of this Part to regulate such facilities in accordance with the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);[1] the federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act), Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and FCC Declaratory Ruling and Third Report and Order, WT Docket 17-79, WC Docket 17-18, adopted September 26, released September 27, 2018; and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq., in the Township of Harmar ("Township). Moreover, the Township desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Township's residents, businesses and emergency service providers. While the Township recognizes the benefit of wireless communications facilities in providing high-quality communications service and enhancement to its residents, businesses and emergency service providers, the Township also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.

[1]

Editor's Note: See 47 U.S.C. § 251 et seq.

Policy and Purpose.

With respect to all uses of the public right-of-way, it is the Township's policy and purpose:

(1)

To promote public safety and to protect property abutting the right-of-way and users of the right-of-way;

(2)

To promote the availability of a wide range of services to the public through the right-of-way;

(3)

To manage the use of the right-of-way to always assure that it can be safely and efficiently used by vehicle and pedestrian traffic, both presently and in the future;

(4)

To ensure that adequate and reasonable compensation is received by the Township for private use of the right-of-way; and

(5)

To treat private right-of-way occupants in a uniform and equitable fashion and to treat similarly situated providers of services in a competitively neutral manner.

As to public utilities seeking to place facilities in Township rights-of-way, this Part is intended to regulate the time, place and manner of such placement to the full extent of the Township's authority under the Business Corporation Law of 1988, 15 Pa.C.S.A. § 1511(e), without duplicating or interfering with any applicable PUC regulations.

Facilities located outside of the rights-of-way shall be governed by the requirements of the Township's Zoning Ordinance,[2] where applicable to such facilities.

[2]

Editor's Note: See Ch. 27, Zoning.

§ 21-402 Definitions.

[Ord. No. 433, 2/21/2019]

As used in this Part, the following terms shall have the meanings indicated:

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment. [53 P.S. § 11702.2]

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.

BASE STATION

A structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this Subpart or any equipment associated with a tower.

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this Part, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The term does not include any structure that, at the time the relevant application is filed with the Township under this Part, does not support or house equipment described in Subsection A or B of this definition. [47 CFR 1.6100(b)(1)]

COLLOCATION

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. [47 CFR 1.6100(b)(2)]

DISTRIBUTED ANTENNA SYSTEM (DAS)

A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving i) collocation of new transmission equipment; ii) removal of transmission equipment; or iii) replacement of transmission equipment. [47 CFR 1.6100(b)(3)]

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station, provided that it is existing at the time the relevant application is filed.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located. [53 P.S. § 11702.2]

FT. WORTH ATTACHMENT

A nonfreestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

MINIMUM FUNCTIONAL HEIGHT

Minimum height necessary for a WCF to function satisfactorily.

MODIFICATION

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure. [53 P.S. § 11702.2] The replacement of a pole is not a modification.

MONOPOLE

A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

PUC

Pennsylvania Public Utilities Commission.

REPLACEMENT

The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure. [53 P.S. § 11702.2]

RIGHTS-OF-WAY (ROW)

The surface of and space above and below any real property in the municipality 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 nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

SITE

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. [47 CFR 1.6100(b)(6)]

SMALL WIRELESS FACILITIES (also referred to herein as "Small Cells")

Consistent with 47 CFR, facilities that meet each of the following conditions:

The facilities:

(1)

Are mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 1.1320(d); or

(2)

Are mounted on structures no more than 10% taller than other adjacent structures; or

(3)

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR 1.1320(d)], is no more than three cubic feet in volume;

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under 47 CFR Part 17;

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

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 facility 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 flagpoles, and eliminating, minimizing or hiding wires, equipment installed on or near monopoles or wireless support structures in connection with antennas placed thereon.

STRUCTURE

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services), or for other communications-related purposes.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside the current site.

[47 CFR 1.6100(b)(7)]

TOWER

Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or for supporting similar infrastructure deployments, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment, shall not be considered a tower. [47 CFR 1.6100(b)(9)]

TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF)

Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flagpole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul. [47 CFR 1.6100(b)(8)]

WCF ON EXISTING STRUCTURE

Wireless communications facilities located on existing structures such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality. [53 P.S. § 11702.2]

§ 21-403 Regulations for Wireless Communications Facilities (WCF) and Similar Infrastructure Deployments.

[Ord. No. 433, 2/21/2019]

Tower-based WCFs within the Township ROW are permitted to be located within the ROW on or in front of a lot containing a single-family home or duplex only if the applicant demonstrates that no feasible alternative placement is available, and if the following requirements are met:

A tower-based WCF shall not be located between the front facade of the dwelling structure and the street that the lot fronts on, except for equipment cabinets located underground; and

The WCF shall be located at, or as close as practicable to, the point where a side lot line intersects the street right-of-way line. The Township may waive or adjust this requirement where such a side point poses a hazard to motorists, pedestrians or bicyclists, or is undesirable due to visual impact, proximity to a driveway or for other good cause.

No ground-mounted equipment shall be located within the ROW on a lot containing a single-family home or duplex unless the equipment is screened by landscaping and plantings or other decorative features so as to be substantially screened from the street or from any property containing a single-family home or duplex and located within view of the ground-mounted equipment.

WCFs in the right-of-way shall be located on existing poles, in the right-of-way, such as utility poles or light poles, unless the applicant demonstrates that location on existing poles is not feasible.

Eligible facilities requests that do not substantially change the tower or base station are permitted.

§ 21-404 Requirements for Facilities in ROW.

[Ord. No. 433, 2/21/2019]

Tower-based WCFs shall be designed to minimum functional height, not to exceed 50 feet. Applicants must submit documentation justifying the total height.

Non-tower-based WCFs located above the surface grade shall be designed at the minimum functional height. If located on a lot containing a single-family residence or duplex, such WCF shall not exceed a height of five feet above the supporting electrical transmission tower, streetlight, utility pole, sign or similar structure, unless additional height is shown by the applicant to be necessary for operation of the WCF. Equipment and components shall not be placed so low as to be a hazard to vehicle or pedestrian traffic.

§ 21-405 Design, Construction and Operations.

[Ord. No. 433, 2/21/2019]

All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes.

All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

Signage. All facilities shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising, shall not protrude from the tower or WCF, and is subject to approval by the Township. The sign shall be limited to the maximum necessary size to provide the required information in a readable manner, not to exceed two square feet in area.

Lighting. Towers shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect to surrounding properties as is permissible while still meeting state or federal requirements.

Noise. All facilities shall be operated and maintained so as not to produce noise that will constitute a nuisance to users of the right-of-way or property owners abutting the right-of-way. The use of a backup generator is prohibited except that in emergency situations and for periodic maintenance and testing by the wireless communications provider's technicians, such use shall be permitted, where such noise standards may be exceeded on a temporary basis.

Vehicular Access.

Vehicular access to all WCFs or similar infrastructure deployments shall not interfere with parking or vehicular circulation occurring within or through the ROW.

Safety in Rights-of-Way.

Schedule of Operations. The Township shall determine the time, place and manner of siting, design, construction, maintenance, repair, modification, removal and/or replacement of all WCFs and other facilities located in the ROW, based on public safety, traffic management, physical burden on the ROW and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[1]

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Alterations. Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF or similar infrastructure deployment located in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of such WCF or similar infrastructure deployment when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:

(1)

The construction, repair, maintenance or installation of any municipal or other public improvement located in the ROW.

(2)

The operations of the Township or other governmental entity in the ROW.

(3)

Vacation of a street or road or the release of a utility easement.

(4)

An emergency as determined by the Township.

(5)

No permit is required for such removal, relocation, change or alteration ordered by the Township.

Visual Obstruction. All WCFs or similar infrastructure deployments and accessory equipment or similar infrastructure deployments shall be located so as not to cause any physical or visual obstruction to pedestrian, bicycle or vehicular traffic, or to otherwise create safety hazards to pedestrians, cyclists and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of the cartway.

Maintenance. An applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.

Soil Report. An applicant for a tower-based WCF or similar infrastructure deployment, where the new tower is more than 40 feet in height, shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, which shall be submitted to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.

10.

Aviation Safety. All facilities shall comply with federal and state laws and regulations concerning aviation safety.

11.

Inspections Where New Tower-Based WCF or Similar Infrastructure Deployment Is More Than 50 Feet in Height.

A copy of any required inspection report shall be provided to the Township following the inspection. Any repairs advised by the report shall be completed by the owner within 60 calendar days after the report is filed with the Township.

12.

Equipment Storage. The storage of unused equipment or supplies is prohibited on any WCF site or site for similar infrastructure deployment.

§ 21-406 Aesthetics, Landscaping, and Screening.

[Ord. No. 433, 2/21/2019]

Stealth Technology.

All WCFs and similar infrastructure deployments within the ROW shall employ the most current stealth technology available, where appropriate and technically feasible, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.

In the case of a tower-based WCF or similar infrastructure deployment within the ROW, compliance with this section may be evidenced by the following, where technically feasible:

(1)

The tower shall have such color as may be commercially and technically feasible to achieve and as may be required by the Township to avoid unsightly or out-of-character deployments.

(2)

The tower shall comply with Federal Aviation Administration and Pennsylvania Bureau of Aviation lighting standards and shall not be artificially lighted unless required by those agencies.

(3)

For new metal poles supporting a small cell antenna, the pole color and design shall match as nearly as practical those existing surrounding poles or shall, where commercially and technically feasible, be such color as required by the Township to avoid unsightly or out-of-character deployments.

(4)

The antenna shall match the pole in color where technically feasible and where painting will not interfere with the signal transmission.

Associated Equipment.

All equipment associated with a WCF or similar infrastructure deployment located above ground must be enclosed, and all wires and cables must be housed in shrouds, risers or conduit. To the extent commercially and technically feasible, all equipment shall be of the same color, and the color shall match as closely as possible the color of the pole or upright structure to which it is mounted, to avoid unsightly and out-of-character developments.

The maximum width and depth of any piece of associated equipment may not exceed 1 1/2 times the diameter of the pole on which it is to be located unless the applicant proves that no reasonable alternative exists.

Antennas must be screened with a radome or similar concealment technique that covers the entire antenna, cables, connectors and hardware, where such screening will not interfere with transmission/reception capabilities of the antenna.

Pole-mounted equipment other than cabling must be located at least eight feet above the ground.

§ 21-407 Replacement, Collocation, or Modification.

[Ord. No. 433, 2/21/2019]

Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this Part, an application for replacement, collocation or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. Previously approved facilities shall not be subject to the issuance of permit approvals, provided that there is no substantial change.

Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.

Any substantial change to an existing tower-based WCF shall require approval of the Township in accordance with the terms of this Part.

Mounting. An applicant proposing a WCF on an existing structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on the existing structure will be mounted on the existing structure for review by the Township Building Code Official for compliance with the Building Code.

§ 21-408 Permit Requirements.

[Ord. No. 433, 2/21/2019]

No person shall use, occupy, place, install or operate wireless communications facilities, wireless support structures, accessory equipment or similar infrastructure deployments or facilities in, under, over or upon any Township rights-of-way, or Township-owned structures within Township rights-of-way, unless such person first applies for and obtains a permit for same from the Township.

Permits are not assignable without the written consent of the Township.

Any application for a permit to attach a facility of any kind to a Township structure within the ROW shall provide, in addition to the submittals required under Subsection 2, and in such format and number as the Township Engineer may designate, all descriptive and technical information as may be required by the Township Engineer to review the application and to determine whether:

(1)

The proposed attachment is properly designed;

(2)

The proposed attachment will interfere with the Township's use of the structure or the ROW.

No attachment to a Township-owned structure shall be permitted unless the Township Engineer has certified in writing that the proposed attachment is properly designed and will not interfere with the Township's use of the structure or of the ROW.

Permits will be reviewed by and acted upon by the Township Building Code Official, or such official as may be designated by the Board of Supervisors. Permit decisions will be writing, and permit denials will state the reasons for the denial.

Table 1
WCF Review Time Frames
Type of Application		Township shall notify the applicant in writing of any information that may be required to complete application:	Township shall approve or deny the application:
A	Collocate small cell on existing structure	Within 10 days after the application is submitted	Within 60 days of submission of complete application
B	Collocate a facility other than a small cell using an existing structure	Within 30 days after the application is submitted	Within 90 days of submission of complete application
C	Deploy small cell using a new structure	Within 30 days after the application is submitted	Within 90 days after submission of a complete application
D	Eligible facilities requests** (as defined herein)	Within 30 days after the application is submitted	Within 60 days* of submission of a complete application
E	New tower-based WCFs (not covered by Lines A through D above)	Within 30 days after the application is submitted	Within 150 days of submission of a complete application

The time period may be tolled by mutual agreement or in cases where the Township informs the applicant in a timely manner that the application is incomplete.

If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Township provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed.

The Township shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility.

Applications.

Applications will include all applicant information required by the Township, in such number and format as the Township may direct.

A fully dimensional site plan, plans and elevations drawn to scale shall be submitted, showing:

(1)

Any existing wireless communications facilities, equipment or supporting structures known to the applicant within 1,000 feet of the proposed WCF.

(2)

The proposed WCF or similar infrastructure deployment and dimensions of all equipment to be used therewith.

(3)

The legal boundaries of the property and any leased area on which the WCF or similar infrastructure deployment will be sited.

Visual impact demonstrations using photographic simulations of the proposed WCF or similar infrastructure deployment as seen from reasonable surrounding locations and angles, and showing the color of all equipment, shall be submitted.

A written description of all stealth technology to be employed, and landscaping or screening plans, shall be submitted.

Licensing and Applicable Regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses and by any PUC certification.

Emissions. The applicant must demonstrate that the proposed WCF or similar infrastructure deployment will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.

Insurance. The applicant shall provide a certificate of insurance issued to the applicant, evidencing that there is or will be adequate current liability insurance in effect.

Application Fees.

Applications shall be accompanied by the nonrefundable application fees set forth below or such others fees as may be adopted by resolution of Township Board of Supervisors:

(1)

Small cells: $500 for a single upfront application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, said fees to cover both zoning and Building Safety Code approvals.

(2)

New tower (non-small cell): $1,000.

(3)

Collocation on existing tower (non-small cell): $500.

(4)

New non-tower-based WCF inside the right-of-way (non-small cell): $500.

(5)

Eligible facilities requests that do not substantially change the tower or base station (non-small cell): $100.

(6)

Modifications with substantial change (non-small cell): $500.

In addition to the nonrefundable application fees set forth above, the applicant shall reimburse the Township for all reasonable costs of its Engineer, Solicitor and other experts or consultants in connection with review of the application. An initial deposit towards such review fees of $1,000 for a new, non-small cell tower inside the ROW shall accompany the application and be applied to reimbursable review fees as they are incurred. If at any time the remaining deposit balance is below 50% of the initial deposit, then the applicant shall replenish the account up to the original amount. If the amount deposited exceeds the Township's actual review costs, the remaining balance shall be refunded to the applicant.

Appeals.

Any person aggrieved by a determination by the Township or any Township official with respect to issuance or denial of a permit under this Part may appeal, pursuant to the Local Agency Law.[1]

(1)

Requests for an appeal shall be in writing and must be filed with the Township Secretary within 30 days of the determination appealed from.

(2)

A request for an appeal shall be accompanied by:

(a)

A nonrefundable appeal fee in the amount of $100, or such other fee as set by resolution of the Township Board of Supervisors; and

(b)

A deposit of $300 to be used to pay expenses of advertising and court reporters. If the deposit is less than actual costs, the appellant shall pay the difference. If the deposit exceeds actual costs, the difference shall be refunded in full.

(c)

The Board of Supervisors may hear the appeal or designate a hearing tribunal or hearing officer to hear and/or rule upon the appeal.

[1]

Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

§ 21-409 Discontinuation, Abandonment and Removal.

[Ord. No. 433, 2/21/2019]

Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued.

Unused or abandoned WCFs or similar infrastructure deployments or portions thereof shall be removed as follows:

All unused or abandoned facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township. In the case of towers, the foundation must also be removed.

If the facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the facility and equipment may be removed by the Township, and the Township's costs in connection with removal, including professional or consultant fees, and the cost of removal work and site remediation, may be assessed against the owner of the facility or the property upon which the facility was located.

Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations.

As long as any portion of a WCF, whether used or unused, remains in the ROW, including but not limited to a tower foundation, the annual fee for use of the ROW established, pursuant to § 21-410, shall be owed for any year or part of a year during which the ROW is so occupied by the WCF or portion thereof.

§ 21-410 Reimbursement for Right-of-Way Use.

[Ord. No. 433, 2/21/2019]

Imposition of Fees.

In addition to permit application fees, every WCF or similar infrastructure deployment in the right-of-way is subject to the Township's right to impose annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such annual fee shall be directly related to the Township's costs of owning, maintaining, and managing the right-of-way and to the loss of use to the Township of that portion of the right-of-way consumed by the proposed facility. Fees not covered by a franchise agreement or similar contractual arrangement shall be as follows:

(1)

Small wireless facilities: $270 per calendar year or portion thereof per small wireless facility in the Township ROW.

(2)

Non-small wireless facilities in the Township ROW: $270 per calendar year or portion thereof per WCF plus $100 per calendar year or portion thereof for a ground-mounted equipment compound located within the ROW.

By resolution, Township Board of Supervisors may adjust the fees described herein or may impose additional fees.

§ 21-411 Additional Requirements and Procedures.

[Ord. No. 433, 2/21/2019]

Applications for tower-based WCFs shall, in addition to meeting other applicable requirements of this Part, meet the following requirements:

The applicant shall provide to the Township, prior to issuance of a permit for construction, financial security to guarantee the removal of any tower-based WCF. Such financial security shall be in an amount determined by the Township Engineer based upon industry standards for removal and shall be acceptable in form and content to the Township Engineer.

No tower-based WCF or similar infrastructure deployment shall be located within 100 feet of an area in which all utilities are located underground.

The applicant shall provide evidence of the need for the proposed tower and WCF, but shall not be required to provide proprietary data.

The applicant shall supply documentation demonstrating that any proposed tower complies with all state and federal requirements regarding aviation safety.

§ 21-412 Application to Public Utilities.

[Ord. No. 433, 2/21/2019]

Before placing a WCF or similar infrastructure deployment within the ROW, a public utility shall, pursuant to the Business Corporation Law of 1988, 15 Pa.C.S.A. § 1511(e), obtain such permits as are required hereunder. As used herein, the term "public utility" refers to a person or corporation constituting a public utility under the Pennsylvania Public Utility Code.[1]

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

This Part is intended to impose lawful and reasonable regulations upon a public utility to the extent authorized by the Business Corporation Law, 15 Pa.C.S.A. § 1511(e) and by the First Class Township Code[2] and within the ambit of the traditional exercise of municipal police powers. This Part is further intended to achieve the objectives of protecting properties abutting the ROW as well as users of the ROW and is not intended to regulate those aspects of a public utility's operation governed by an applicable PUC regulation.

[2]

Editor's Note: See 53 P.S. § 55101 et seq.

§ 21-413 Relationship to Zoning Ordinance.

[Ord. No. 433, 2/21/2019]

WCFs in the ROW may also be subject to the Harmar Township Zoning Ordinance,[1] in which case the Zoning Ordinance shall control. An applicant receiving zoning approval for a proposed facility shall not require any additional permit or review or pay additional fees under this Part.

[1]

Editor's Note: See Ch. 27, Zoning.

§ 21-414 Penalties.

[Ord. No. 433, 2/21/2019]

Any person who is found to have failed to comply with the provisions of this Part may be fined up to $600 per day per violation. Each day of violation shall be a separate offense.

In addition to the penalties and remedies contained herein, the Township may take any action at law or in equity to seek redress for violation of this Part.