As used in this article, the following terms shall have the meanings
indicated:
APPLICANT
Includes but is not limited to any person, owner, and/or
their agent with an interest in a wireless communication facility,
or anyone seeking a building permit, zoning approval, and/or permission
to use the public right-of-way or other public or private property
for any wireless communication facility.
CO-LOCATION
The mounting of one or more wireless communication facilities
on any existing support structure.
DISTRIBUTED ANTENNA SYSTEM (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless communication service within
a geographic area or structure.
EMERGENCY
A condition that:
(1)
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
(2)
Has caused or is likely to cause utilities or other facilities
in the right-of-way to be unusable and result in loss of the services
provided.
FCC
Federal Communications Commission.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
communication facilities, or the improvement, upgrade or expansion
of the wireless communication facilities located within an existing
equipment compound if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
communication facilities.
MONOPOLE
A wireless communication support structure which consists
of a single pole designed and erected on the ground or on top of a
structure, to support wireless communication antennas and accessory
equipment.
PERSON
Any individual, corporation, company, association, firm,
partnership, limited-liability company, or other entity established
pursuant to statutes of the Commonwealth of Pennsylvania. The term
"person" does not include or apply to the Township.
PUC
Pennsylvania Public Utilities Commission.
REPLACEMENT
The replacement of existing wireless communication antenna
on any existing support structure or on existing accessory equipment
for 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 existing wireless communication
antenna and which does not substantially change the physical dimensions
of any existing support structure.
RIGHT-OF-WAY or ROW
The surface of, and the space above and below, any real property
in the Township in which the Township or Commonwealth of Pennsylvania
("commonwealth") has a regulatory interest, as such interests now
or hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, sidewalks, tunnels, bridges, or any other
public place, area or property under the control of the Township or
commonwealth, 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
or commonwealth. The phrase "in the right-of-way" means in, on, over,
along, above and/or under the right-of-way.
SIGNIFICANT GAP/GAP IN SERVICE
An area where wireless communication coverage does not exist
for any wireless communication operator. The existence or nonexistence
of a gap in wireless coverage, and the size thereof, shall be a factor
in the Township's decision on an application for installation.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communication facilities
which render them more visually appealing or which serve to blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted facilities, building-mounted antennas painted to match
the existing structure, and facilities constructed to resemble trees,
shrubs, light poles, and the like.
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
(1)
For any support structure, other than a support structure in
the public right-of-way, it increases the height of a support structure
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 any other eligible support structure,
it increases the height of the structure by more than 10%, or more
than 10 feet, whichever is greater;
(a)
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 support structure
or accessory equipment, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of this
article.
(2)
For any support structure other than a support structure in
the public right-of-way, it involves adding an appurtenance to the
body of the support structure that would protrude from the edge of
the support structure more than 20 feet, or more than the width of
any support structure at the level of the appurtenance, whichever
is greater; for any other eligible support structure, it involves
adding an appurtenance to the body of the support structure that would
protrude from the edge of the support structure by more than six feet;
(3)
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 any
support structure in the public right-of-way and accessory equipment,
it involves installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets associated with the support
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;
(4)
It entails any excavation, deployment, or installation beyond
the footprint of any existing accessory equipment or WCF;
(5)
It would defeat the concealment elements of the eligible support
structure; or
(6)
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or accessory equipment, provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsection
(1) through
(4) of this definition.
TOWNSHIP
Perkiomen Township, Montgomery County, Pennsylvania, and
its Board of Supervisors, agents, and/or employees.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
WIRELESS COMMUNICATION ACCESSORY EQUIPMENT (ACCESSORY EQUIPMENT)
Any equipment serving or being used in conjunction with a
wireless communication facility. The term includes, but is not limited
to, utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters, buildings, and similar structures.
WIRELESS COMMUNICATION ANTENNA (ANTENNA)
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless communication signals licensed or regulated by the FCC.
An antenna may include an omnidirectional antenna (rod), directional
antenna (panel), parabolic antenna (disc) or any other wireless antenna.
For purposes of this article, the term "antenna" includes, whenever
applicable, the plural "antennas."
WIRELESS COMMUNICATION FACILITY (WCF)
The set of equipment and network components, including, but
not limited to, antennas, transmitters, receivers, base stations,
cabling and accessory equipment, and any support structure used to
provide wireless communication service. WCFs, as defined by this section,
shall include, but not be limited to, DAS hub facilities and mini
cell towers.
[Amended 8-2-2022 by Ord.
No. 240]
WIRELESS COMMUNICATION SUPPORT STRUCTURE (SUPPORT STRUCTURE)
Any structure that is used for the purpose of supporting
one or more antennas, accessory equipment, including, but not limited
to, any building, water tower, silo, self-supporting lattice tower,
guy tower or monopole, utility pole or light pole. For purposes of
this article, the term "structure" includes, whenever applicable,
the plural "structures."