[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady 8-21-2019 by Ord. No.
2019-2. Amendments noted where applicable.]
Pursuant to the provisions of the Second Class Township Code,[1] the Township of Brady (hereinafter referenced as "municipality")
shall and does provide the additional definitions running to distributed
antenna systems (hereinafter referenced as "DAS") to be regulated
in Brady Township.
Any system of wires, rods, disks, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
rod, directional antenna panel, parabolic antenna disk, or any other
wireless antenna.
The mounting of one or more antenna on an existing commercial
communication tower, or any other structure that already supports
at least one commercial communication antenna.
All non-tower wireless communications facilities, including
but not limited to antenna and related equipment. Commercial communication
antennas shall not include support structures for antennas or any
related equipment that is mounted to the ground or at ground level.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure or boosts the signal of the same.
A site or structure which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
a communications antenna and connecting apparatuses.
Any piece of equipment related to, incidental to, or necessary
for the operation of a commercial communications antenna. By way of
illustration not limitation, related equipment includes generators
and/or any type of base station or backup equipment.
A freestanding structure such as a commercial communications
tower or any other support structure that could support the placement
or installation of a DAS facilities within the road right-of-way or
on private property in Brady Township, Butler County.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
Brady Township, through the Board of Supervisors, herein sets forth this chapter to regulate DAS or antenna sites which are not regulated under Chapter 350, Zoning, as wireless communication facilities, with this chapter to cover specifically any DAS facility with the regulations specifically set forth as follows:
A.
DAS facilities shall include but not be limited to a small network
of antennas that are connected to a common source that provide coverage
in a building or in a small geographic area, including but not limited
to telecommunications equipment that transmit and receive electromagnetic
radio signals used in the provision of all types of wireless communication
services. This system shall not include any private residence-mounted
satellite dish, television antenna or amateur radio equipment including,
without limitation, a ham or citizens band radio.
B.
The provisions herein for DAS equipment or facilities shall apply
to rights-of-way, being the surface of the space above and below any
real property in the municipality in which the federal government,
Commonwealth of Pennsylvania, municipality or municipal authority
has a regulatory interest, or interest as trustee of the public, as
such interest now or hereafter exists, including but not limited to
all streets, highways, avenues, roads, alleyways, sidewalks, tunnels,
viaducts, bridges, skyways or any other public place, area or property
under the control of federal government, Commonwealth of Pennsylvania,
municipality or municipal authority, and any nonexclusive public or
utility easement established, dedicated, plotted, 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-of-way" means in, on, over, along, above and/or
under the right-of-way. This provision shall apply to any DAS to be
installed in any right-of-way as herein defined.
C.
DAS shall be regulated under this provision to cover all equipment
and network components, including antennas, transmitters, receivers,
base stations, cabling and accessory equipment used in providing wireless
data and telecommunication services.
D.
Wireless support structures for any DAS shall include, but not be
limited to, a freestanding structure, such as a guide 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.
E.
DAS facilities 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.
F.
DAS facilities shall be operated in accordance with all applicable
FCC rules regarding interference with public safely communications
or the reception of broadband television, radio or other communication
services and in compliance with all other federal communications rules
and regulations.
G.
Any and all DAS facilities prior to being constructed, placed or
any alterations made to an existing facility shall require a sixty-day
written notice to the municipality, to allow the municipality to determine
through their Zoning Enforcement Officer a necessity for the same,
the right of locating the same where designated, which shall include
a full plat of location, design and dimensional information with the
same submitted with the notice or application for installation or
alteration of any DAS facilities. The municipality shall, by resolution,
set forth a permit fee designed to cover the cost of administration
and evaluation by the Zoning Enforcement Officer of any DAS facilities
or alteration of the same. Further, by resolution, the municipality
shall set forth an hourly rate for the Zoning Enforcement Officer
for any additional time, of which shall be billed to any applicant
for installation or alteration of the DAS facilities to cover the
cost and expense incurred by the municipality for evaluating the same.
H.
As a part of the application process, the applicant for a DAS facilities
shall provide a certificate of insurance issued to the owner or operator
of the DAS facilities evidencing that there is adequate insurance
coverage for liability insurance to be in effect and with coverage
at least of $1,000,000 per occurrence, and listing the municipality
as an additional insured.
I.
In the event that DAS facilities are planned to be discontinued or
abandoned, there shall be a notice to the municipality of its intent
to discontinue use and the date when the use shall be discontinued,
of which then can be verified by the municipality for inspection of
the same. Within six months of this notice, all of the site related
DAS facilities equipment shall be removed and evidence provided to
the municipality as a term and condition hereof.
All of the provisions of this chapter shall regulate any and
all DAS facilities as defined herein, with this provision not to be
in conflict with any other Brady Township ordinance or regulation
in regard to wireless communication facilities, but be supplemental
to cover provisions running to DAS facilities or related structures
running thereto.
A.
Violation of this chapter shall be enforced against any person, entity,
corporation or, any or all other entities violating the same in the
following manner. Any violations of this chapter shall upon being
violated as determined by the municipality shall authorize enforcement
in a civil enforcement proceeding commenced by the municipality before
the district court. The party violating the chapter shall pay a fine
not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the municipality in the enforcement of the chapter.
No judgment shall be imposed until the date of determination of the
violation by the district court. If the defendant neither pays nor
timely appeals the judgment, the municipality may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the municipality are hereby authorized to seek
equitable relief, including injunction, to enforce compliance herewith.
B.
In addition to the penalties set forth in the above subsection, the
municipality, through their Board of Supervisors, are hereby authorized,
or their duly appointed representative is hereby authorized, to issue
stop, cease and desist orders to any parties who violate any provision
of this chapter by the institution of appropriate action or proceedings,
at law or in equity to enjoin and restrain any such party from violating
any provisions of the chapter.
Any portion of this chapter that may subsequently be determined
to be invalid shall not affect the remainder of the provisions of
the chapter herein, it is the intent of the municipality to enact
said remaining portion without regard to the portion declared invalid,
if ever declared invalid in the future.
