[Adopted 12-13-2021 by Ord. No. 3256]
The purpose of this article is to establish policies and procedures
for the placement of small cell antennas and associated poles in rights-of-way
within the Township's jurisdiction, in compliance with state
and federal law to the extent it preempts local municipal control,
which will provide public benefit consistent with the preservation
of the integrity, safe usage, and visual qualities of the Township
rights-of-way and the Township as a whole.
In enacting this article, the Township is establishing uniform
standards to address issues presented by small wireless facilities,
including, without limitation, to:
A.
Provide for the managed development of small cell antennas and associated
poles in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
B.
Establish procedures for the design, siting, construction, installation,
maintenance and removal of small cell antennas and associated poles
inside the public rights-of-way;
C.
Encourage the collocation of small cell antennas on existing structures
rather than the construction of new pole-based structures;
D.
Ensure that small cell antennas and associated poles will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary;
E.
Limit interference with the use of streets, sidewalks, alleys, parkways,
public utilities, public views, certain Township corridors, and other
public ways and places;
F.
Limit the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
G.
Preserve the character of the Township by minimizing the potentially
adverse visual impact of small cell antennas through careful design,
siting, landscaping and camouflaging techniques to blend these facilities
into their environment to the maximum extent practicable and to generally
match the character of Township neighborhood;
H.
Establish an application process and structure for payment of fees
and charges to be uniformly applied to all applicants, operators and
owners of small cell facilities;
I.
Limit environmental damage, including damage to trees;
J.
Respect the character of the neighborhoods and other areas in which
facilities are installed; and facilitate rapid deployment of small
cell facilities to provide the benefits of advanced wireless services;
and
K.
Comply with, and not conflict with or preempt, all applicable state
and federal laws, as may be amended or superseded, and all FCC rules
and regulations to interpret and implement applicable federal statutes.
As used in this article, the following terms shall have the
meanings indicated:
Any system of wires, rods, discs, 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 (disc) or any
other wireless antenna. 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.
The mounting or installing of one or more SCAs on an existing
structure; and/or modifying a structure for the purpose of mounting
or installing a SCA on that structure.
Those detailed design guidelines, specifications and examples
promulgated by under this article that address, on a nondiscriminatory
basis, the design and installation of facilities in the public rights-of-way,
insofar as they do not conflict with any federal or state law, rule
and regulation.
Federal Communications Commission.
A provider, operator or owner of SWF (who may also be the
applicant).
A self-supporting lattice pole, guy pole, monopole, or any
other pole, that may be utilized to support an antenna for receiving
and/or transmitting a wireless signal.
The surface of and the space above and below the paved or
unpaved portions of any public street, public road, public highway,
public way, public alley, public sidewalk, and any other land dedicated
or otherwise designated for the same now or hereafter held by the
Township or other governmental entity.
The antennas, nodes, control boxes, poles, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. An SWF shall also be a facility
that meets each of the following conditions:
The structure on which antenna facilities are mounted.
Are 39 feet or less in height, or up to 50 feet in height as
may be allowed by the Township as outlined in the "small cell standards"
appeal process; or
Are no more than 10% taller than the other adjacent structures;
or
Do not extend existing structures on which they are located
to a height of more than 39 feet or by more than 10%, whichever is
greater.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
Antenna equipment associated with the facility (excluding antennas)
is cumulatively no more than 28 cubic feet in volume.
The facility does not require antenna structure registration
under 47 CFR Part 17; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR S 1.1307(b).
Any person or entity that applies for an SCA permit.
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 comingled with other types of services).
A utility pole owned or operated by the Township, including
a utility pole that provides lighting or traffic control functions,
or other law enforcement functions, including light poles, traffic
signals, and structures for signage, and a pole or similar structure
owned or operated by the Township such as a decorative pole.
A pole or similar structure that is used in whole or in part
to carry electric transmission (as opposed to distribution) lines.
A pole or similar structure that is designed for, or used,
for carrying electric distribution lines or for carrying cables or
wires for electric, cable, or telecommunications service or for lighting,
traffic control, or directional signage.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
A freestanding structure, including a monopole, decorative
pole, Township-owned pole, transmission pole, and utility pole, or
other existing or proposed structure designed to support or capable
of supporting SCA.
A.
Permit required. No person shall place a SWF, or associated pole,
in the ROW without first filing an application and obtaining a permit
to do so, except as otherwise provided in this article. This provision
shall not be construed to waive any application fees or any other
construction or work permit necessary for work in the Township. While
notice to the Township is required, a permit from the Township shall
not be required for routine maintenance or same-size and type replacement
of small wireless facilities that do not interfere with pedestrian
or vehicular traffic.
B.
Required application materials. All applications for permit shall
be in such form and shall provide such information as may be lawfully
required by the Township of Whitehall and is consistent with the FCC
small cell order. The Township of Whitehall may develop new or additional
permit application forms, checklists, updated aesthetic and safety
standards, and other related materials as required to optimally meet
the goals of the Township, its citizens, and its leadership. Unless
otherwise required by state or federal law, all applicants shall submit
to the Township all materials and information associated with each
application as outlined below for the application to be considered
complete:
(1)
Owner's name, address, telephone number and email address, if
different from SCA applicant;
(2)
The names, addresses, telephone numbers, and email addresses of all
consultants, if any, acting on behalf of the SCA applicant with respect
to the filing of the application, and if warranted written authorization
for those consultants to speak on behalf of the SCA applicant;
(3)
A description of the SWF being proposed in order for the Township
to verify that the proposed facilities are SCA as specifically defined
by the FCC;
(4)
A mapping showing the exact location of the proposed SWF in the case
of multisite applications and photo simulations/depictions of the
type and style of the proposed SWF;
(5)
A description of the proposed scope of work for the location or collocation
of the SWF. The scope and detail of such description shall be appropriate
to the nature and character of the work to be performed, with special
emphasis on those matters, including but not limited to sub-surface
utilities, likely to be affected or impacted by the work proposed;
(6)
Verification that the SWF shall comply with this article, including
all applicable design guidelines;
(7)
Verification of payment of the application fees, annual municipal
consent or administrative fee for use of public rights-of-way and
acknowledgment of its continuing annual obligation;
(8)
Evidence the SCA applicant has received any necessary certificate
of public convenience and necessity or other required authority from
the Federal Communications Commission, or a statement that it is not
required;
(9)
A copy of an approved Pennsylvania Department of Transportation permit
and all documents required by PennDOT as part of the encroachment
permit application, if the proposed location is within a PennDOT right-of-way;
and
(10)
The SCA applicant must provide a statement that the SCA applicant
has a lease, attachment agreement or other authorization from the
owner of the wireless support structure proposed for collocation.
C.
Application review. In considering an application for permit, the
Township shall take into account any objections made to the whole
or any part of such SCA application. The Township may attach to any
permit granted hereunder any conditions or modifications deemed necessary.
D.
Collocation. An application for a SWF requiring a newly constructed
pole in the right-of-way shall not be approved unless the applicant
provides evidence that SWF cannot be accommodated on an existing pole
within 260 feet of the proposed location because use of the existing
pole imposes technical limits, or would involve additional material
costs.
E.
RF certification. An application for a SWF shall include design and
operation certification by a PA PE licensed RF engineer that the proposed
SWF(s) comply with FCC regulations governing RF emissions and safety-related
signage.
A.
Rights-of-way access fees. Each individual SCA applicant will be
subject to an annual rights-of-way access fee if locating within a
Township-owned public right-of-way. Such fees shall not be in excess
of those amounts deemed reasonable by the Federal Communications Commission
and in accordance with other state and federal law. Such compensation
for ROW use shall be directly related to the Township's actual
ROW management costs, including, but not limited to, the costs of
the administration and performance of all reviewing, inspecting, documenting,
permitting, supervising and other ROW management activities by the
Township.
B.
Application processing costs. All applications for collocation on
an existing pole shall be accompanied by a fee of $500 for a single
up-front application that includes up to five SWFs, with an additional
$100 fee for each SWF beyond five, up to and including 30 total SWF
per application. All applications for new or replacement poles (not
a collocation) shall be accompanied by a fee of $1,000 per new or
replacement pole. Such costs may be altered by resolution but only
in compliance with state, federal and/or FCC limits upon such costs.
C.
Compensation. In addition to the applicable fee as specified above,
every permit shall include as a condition the SCA applicant's
agreement to pay a ROW access fee of $270 per SWF per year, and/or
other taxes and fees as may now or hereafter be lawfully imposed on
other businesses within the Township. Such fees may be altered by
resolution but only in compliance with state and/or federal limits
upon such costs. Small wireless facilities collocated on Township-owned
utility poles or structures outside the Township rights-of-way are
not subject to the rate limitations in this article. Additionally,
if the rate limitation imposed by the Federal Communications Commission
is altered in the future, the Township may alter its fees by resolution
to be consistent with the Federal Communications Commission's
determinations or as might be otherwise altered by the state or federal
government.
D.
Cease payment. Upon 30 days written notice to the Township, an owner
is authorized to remove its small wireless facility from a Township-owned
pole and cease paying the annual fee to the Township as of the next
due date for payment following the removal; provided, however, the
owner shall pay its pro-rata share of the remaining term and expenses,
if any.
E.
Make-ready. For Township-owned poles, the applicant shall reimburse
the Township for expenses for any reasonable make-ready work, if any
are required. The Township shall provide a good faith estimate for
any make-ready work necessary to enable the pole to support the requested
SWF, including pole replacement if necessary, within 30 days after
receipt of a completed request.
A.
The Township has, adopted design guidelines within this article with
objective, technically feasible criteria applied in a nondiscriminatory
manner that reasonably match the aesthetics and character of the immediate
neighborhood and are in accordance with the FCC requirements.
B.
The provisions in this article shall not limit or prohibit the Township's
discretion to promulgate and make publicly available other information,
materials or requirements in addition to, and separate from, design
guidelines so long as the information, materials, or requirements
do not conflict with state or federal law.
C.
All SWFs shall be designed, constructed, operated, maintained, repaired,
modified and removed in strict compliance with all current applicable
technical, safety and safety-related codes, including but not limited
to, the most recent editions of the Americans With Disabilities Act
Guidelines (ADA), American National Standards Institute (ANSI) Code,
National Electrical Safety Code (NESC), National Electrical Code (NEC),
the Occupational Safety and Health Act (OSHA), Pennsylvania public
Utilities Commission (PUC) regulations and the Federal Communications
Commission (FCC) Regulations, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors (NATE). Any SWF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
D.
The Township shall have authority to update or supplement the design
guidelines to address relevant changes in law, technology, or administrative
processes.
E.
General guidance.
(1)
SWF equipment must be indistinguishable from the support pole or
structure to the greatest degree possible using matching colors (such
as forest green, hunter green, or black), textures, and materials.
The antennas and related equipment shall be in a color (forest green,
hunter green, or black) that will provide the most camouflage in an
effort to appropriately blend into the surrounding environment and
minimize aesthetic impact.
(2)
All wires, antennas, and other small wireless facility equipment
shall be enclosed and not visible. All LED lights affixed to an exterior
box as part of a SWF cannot be red or orange under any circumstances.
(3)
All wires, antennas, boxes and other SWF equipment shall not block,
impede or protrude into pedestrian access of ROWs.
(4)
Screening and equipment enclosures shall blend with or enhance the
surrounding context in terms of scale, form, texture, materials, and
color (forest green, hunter green or black). Equipment shall be concealed
as much as possible by blending into the natural and/or physical environment.
The application of the stealth technology chosen by the SCA applicant
shall be subject to the approval of the Township.
(5)
Casing to enclose all wires, antennas, and other small wireless facility
equipment may be mounted on top of existing and new poles in a cylinder
shape to look like an extension of the pole. Subject to applicable
law, any height extensions to an existing pole shall require prior
approval of the Township. The Township reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Township which
are stated in the design requirements published at the time of application.
(6)
Where technically feasible and subject to reasonable aesthetic and
cost considerations, any proposed SWF shall be designed structurally,
electrically, and in all respects to accommodate both the SCA applicant's
antennas and comparable antennas for future users. Brand logos and
other signage are prohibited on all SWF except contact information
to be used by workers on or near the SWF and as otherwise required
by federal or state law. Signage will be no larger than required to
be legible from street level.
(7)
Each SCA applicant is required to submit documentation to the Township
that all poles and structures associated with an SWF are structurally
and otherwise able to accommodate any collocation and have been certified
and inspected by a qualified pole inspection service.
F.
Operating frequency and transmission power range. All applications
for a new small cell antenna installation shall use one of the licensed
frequency bands for 5G. No use of shared bands will be allowed in
order to minimize interference with Township traffic and police band
uses. If the Township experiences interference to any of its police
cameras, traffic control systems, or any other Township radio devices,
immediately after the installation and initial operation of a SWF
facility, the Township may require the SWF owner of the newly installed
SWF to adjust their operation and/or perform a radio study to prove
the new facility is operating within FCC permitted SWF frequencies
and power output ranges.
G.
Maximum height, proximity of SWF and alternate locations.
(1)
Maximum height. The maximum height of a new pole for the installation
of a SWF is limited to a maximum height of 50 feet, subject to any
restrictions imposed by design guidelines under this article. Applicant
may collocate on existing wireless support structures, provided the
small wireless facility's height still qualifies as a small wireless
facility as defined by this article and as by the Federal Communications
Commission.
(2)
Alternate locations. If an applicant is seeking to install a new
wireless support structure as part of its SCA application, the Township
may propose that the small wireless facility be located on an existing
utility pole or existing wireless support structure within 100 feet
of the proposed location. The SCA applicant shall accept the proposed
alternate location so long as it has the right to use the location
on reasonable terms and conditions, unless the alternate location
imposes technical limits, acts as an effective prohibition under federal
law, or additional unreasonable costs will be incurred as determined
by the SCA applicant. If the SCA applicant refuses an alternate location
based on the foregoing, the SCA applicant shall provide legally competent
evidence in the form of a written certification describing the property
rights, technical limits or cost reasons that prevent the alternate
location from being utilized.
(3)
The Township may reserve space on Township-owned poles for future
public safety uses or for Township electric utility uses. Such reservation
may preclude collocation of small wireless facilities if the Township
reasonably determines that the Township's poles cannot accommodate
both uses, or if the collocation cannot be accommodated due to physical
limitations of the Township-owned poles.
(4)
In certain circumstances, collocation may not be feasible and a new
pole needs to be installed by the SCA applicant. In such cases, a
small wireless facility located on a new pole shall be separated by
150 feet from any other small wireless facility located upon a pole
with that singular purpose (meaning it is not a collocation but another
stand-alone SWF pole).
An approved SCA applicant shall repair all damage to the ROW
or any other land so disturbed, directly caused by the activities
of the approved SCA applicant and return the ROW to its functional
equivalence as it existed prior to any work being done in the ROW.
If the approved SCA applicant fails to make the required repairs within
30 days after written notice, the Township may perform those repairs
and/or remove the damaged article(s) and charge the approved SCA applicant
the reasonable, documented cost of the repairs. The Township may suspend
the ability of an SCA applicant to receive a new permit from the Township
until the applicant has paid any and all outstanding repair costs
to the Township.
As a condition of approval for all new poles for SWFs in the
ROWs, the SCA applicant shall provide the Township with a written
commitment that it will allow the Township and/or other service providers
to collocate antennas on their poles where technically and commercially
reasonable. Written approval is not required if the additional antennas
are contained within a previously approved shroud designed to include
the additional antennas. Providers shall notify the Township when
adding any additional antennas under previously approved shrouds.
A.
Notice. Within 90 days following written notice from the Township,
a wireless provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change, or alter the
position of any SWF or pole for which it has a permit hereunder whenever
the Township has determined that such removal, relocation, change
or alteration, is reasonably necessary for the construction, repair,
maintenance, or installation of any Township improvement in or upon,
or the operations of the Township in or upon, the ROW and all other
occupiers of the same ROW are required to relocate their facilities
in a similar manner.
B.
Abandonment of facilities. The Township may require an owner to remove
an abandoned SWF or pole permitted hereunder within 90 days of abandonment.
The Township shall notify the owner in writing if the Township requires
removal of the abandoned SWF or pole. Should the owner fail to timely
remove the abandoned SWF or pole, the Township may remove the SWF
or pole after reasonable written notice to the owner of the Township's
intent to remove the SWF or pole, and may recover the actual cost
of such removal from the owner as allowed by law. An SWF or pole shall
be deemed abandoned at the earlier of the date that the owner indicates
in any way that it is abandoning the SWF or pole, or the date that
is 90 days after the date that the SWF or pole ceases to be used,
unless the owner gives the Township reasonable evidence that it is
diligently working to place the SWF or pole back in service.
A.
Within 10 business days of receiving an initial application, the Township will determine and notify the SCA applicant in writing whether the application is materially complete. If an application is materially incomplete, the Township will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The application review periods set forth in Subsection B shall restart at zero on the date which the SCA applicant submits all the documents and information identified by the Township to make the application complete.
B.
All applications shall be processed on a nondiscriminatory basis,
and the Township shall approve or deny an application for:
(1)
Absent a written agreement to the contrary between the Township and
the SCA applicant, the Township shall grant or deny an application
to collocate, or to replace or modify any portion of a SWF on, or
associated with, an existing wireless support structure not later
than 60 days after the date of filing by an entity of a completed
SCA application; or
(2)
Absent a written agreement to the contrary between the Township and
the SCA applicant, the Township shall grant or deny an application
for a SWF using a replacement or new pole within the public right-of-way
not later than 90 days after the date of filing by an entity of a
completed SCA application.
C.
A SCA applicant and the Township may enter into a written agreement to toll the time periods set forth in Subsection B.
D.
Application denials. The Township shall not unreasonably withhold
or deny an application for a permit to place a SWF within the public
right-of-way. If a SCA application is denied, the Township will provide
in writing its reasons for denying the request, including, if applicable,
specific references to any applicable law supporting the denial. Notwithstanding
an initial denial, the SCA applicant may cure the deficiencies identified
by the Township and resubmit the application within 30 days of the
denial, and the Township will approve or deny the revised application
within 30 days of receipt of it, unless additional deficiencies are
discovered.
A.
Permit effect and duration. The Township's approval term for
collocation or a new pole shall be for a period of nine months. If
construction, installation or collocation is not begun within such
nine-month period, a new application must be submitted for review,
including any required fee. A permit from the Township authorizes
a SCA applicant to undertake only certain activities in accordance
with the article and does not create a property right or grant any
authority whatsoever to the SCA applicant to impinge upon the rights
of others.
B.
Compliance with all applicable laws and Township Code. Owner shall
always maintain compliance with all applicable federal, state and
local laws, regulations, ordinances, or other rules. If state or federal
standards and regulations are amended, the owners of any portion of
SWF governed by this article shall bring any facilities and/or structures
into compliance with the revised standards and regulations within
the time mandated by such amendment or, if no time is mandated, as
soon as practicable under the circumstances, but no longer than 90
days. The Township is not required to provide notice of any amendments
in order to trigger this responsibility. Failure to bring SWF into
compliance with any revised standards and regulations shall constitute
grounds for removal at the owner's expense.
C.
Inspections; emergencies. The Township or its designee may inspect
any portion of SWF in the ROW upon reasonable notice to the owner.
The owner shall cooperate with all inspections, including any inspections
by a qualified utility pole inspection service. The Township reserves
the right to support, repair, disable, or remove any elements of the
SWF in emergencies or when the facility threatens imminent harm to
persons or property. If circumstances permit, the Township shall notify
the owner and provide the opportunity to move such facilities, poles,
or support structures prior to the Township doing so, and the Township
shall notify the owner after doing so.
D.
Relocation or adjustment as requested by Township. If requested by
the Township, in order to accomplish construction and maintenance
activities directly related to improvements for the health, safety,
and welfare of the public, an owner shall relocate or adjust its facilities
within the public right-of-way at no cost to the Township, as long
as such request similarly binds all users in or on such ROW. Such
relocation or adjustment shall be completed in accordance with law.
E.
Contact information of owner. Within 10 days of any changes to any
of the contact information provided in the SCA application, the SCA
applicant shall provide notice of the change to the Township.
F.
Indemnification. Any entity who owns or operates SWF in the public
right-of-way shall indemnify, protect, defend, and hold the Township
and its elected officials, officers, employees, agents, and volunteers
harmless against any and all claims, lawsuits, judgments, costs, liens,
losses, expenses, fees to include reasonable attorney fees and costs
of defense, proceedings, actions, demands, causes of action, liability
and suits of any kind and nature, including personal or bodily injury
or death, property damage or other harm for which recovery of damages
is sought, to the extent that it is caused by the negligence of the
entity who owns or operates the SWF and wireless service in the ROW,
any agent, officer, director, representative, employee, affiliate,
or subcontractor of the operator, or their respective officers, agents,
employees, directors, or representatives while installing, repairing,
or maintaining facilities in the ROW.
G.
Good condition required. SWF shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not menace or endanger
the health, safety or welfare of any person or property. All SWF shall
be subject to generally applicable property maintenance requirements
and to visual inspection by code enforcement officers.
H.
Relocation for public improvement projects. To the extent that the
Township requires it to do so in the reasonable exercise of its police
powers, owner shall remove and relocate the permitted SWF at owner's
sole expense to accommodate construction of a public improvement project
by the Township.
I.
Insurance. Every owner of an SWF or pole shall procure and maintain
insurance to protect themselves and the Township from any and all
claims for damages to property and/or personal injury, including death,
which may arise from their operations and the maintenance of the SWF
or pole. Certificates of insurance shall name the Township as additionally
insured and shall be filed with the Township Code Enforcement Officer
at the time of the permit application and kept in force at all times.
The limits of insurance shall be subject to the approval of the Township.
Notwithstanding the foregoing, an owner may self-insure the required
insurance under the same terms and conditions as outlined above.
Prevention of failures and accidents. Any person who owns or
operates a portion of a SWF sited in the public right-of-way shall
always employ ordinary and reasonable care and install and maintain
it using industry standard technology for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to
the public. Compliance with fire safety and FCC regulations. All SWF,
including, but not limited to wires, cables, fixtures, and other equipment,
shall be installed and maintained in compliance with the requirements
of the National Electric Code, all FCC, state, and local regulations,
and in such manner that will not interfere with the use of other property
or any existing public/private utilities or public safety systems.
Each attachment of wireless facilities should bear a marker or insignia
legible at street level, identifying the owner of the SWF and contact
information. All SCA applicants must provide documentation to Township
that all poles and structures associated with an SWF are structurally
and otherwise able to accommodate any collocation, with certification
and inspection by a pole study conducted by a qualified utility pole
inspection service.
Nothing in this article authorizes the collocation of small
wireless facilities on:
A.
Property owned by a private party without the written consent of
the property owner;
B.
Property owned or controlled by a unit of local government that is
not located within public rights-of-way without the written consent
of the unit of local government (local governments are, however, required
to authorize the collocation of SWF on utility poles owned or controlled
by the local government or located within ROWs to the same extent
the local government permits access to utility poles for other commercial
projects or uses);
C.
A privately owned utility pole or wireless support structure, without
the consent of the property owner; or
D.
Property owned, leased or controlled by a park district, forest preserve
district, or conservation district for public park, recreation or
conservation purposes, without the consent of the affected district.
The appeals process shall be as provided and set forth by state
and federal laws including any rulings issued by the Federal Communications
Commission. The provisions contained herein regulating small wireless
facilities are intended to comply with federal and state laws and
regulations in effect as of the date of adoption of this section.
To the extent that any of the provisions in this section conflict
with any federal or state statute or regulations, the federal or state
statutes or regulations shall control unless the applicable federal
or state statutes or regulations allow for more stringent provisions
in local ordinances. In which case, the more stringent provisions
of local ordinances shall remain in effect and shall control in such
instances.
This article supersedes all chapters or parts of chapters adopted
prior hereto that are in conflict herewith, to the extent of such
conflict.
A permit from the Township authorizes a SCA applicant to undertake
only certain activities in accordance with this article, and does
not create a property right or grant authority to the owner to impinge
upon the rights of others who may already have an interest in the
ROW.
The provisions of this article are severable. If any provision
or subsection, or the application of any provision or subsection to
any person or circumstances is held invalid, the remaining provisions,
subsection, and applications of such article to other persons or circumstances
shall not be made invalid as well. It is declared to be the intent
of this section that the remaining provisions would have been adopted
had such invalid provisions not been included in this article when
originally adopted by Council.
Nothing herein shall prevent the Township from taking any other
lawful action, including civil actions at law or equity, including
temporary restraining orders, preliminary injunctions and permanent
injunctions, as is necessary to prevent or remedy any violations.
A.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this article, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
B.
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all SCAs 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.
