[HISTORY: Adopted by the Board of Supervisors as indicated
in article histories. Amendments noted where applicable.]
[Adopted 10-5-2021 by Ord. No. 2021-01]
A.
Purpose. The purpose of this article is to establish
policies and procedures for the placement of Small Wireless Facilities
and associated utility poles in rights-of-way within the Township's
jurisdiction, which will provide public benefit consistent with the
preservation of the integrity, safe usage, and visual qualities of
the Township's rights-of-way and the Township as a whole.
B.
Intent. In enacting this article, the Township is establishing
uniform standards to address issues presented by Small Wireless Facilities,
including, without limitation, to:
(1)
Limit interference with the use of streets, sidewalks,
alleys, parkways, public utilities, public views, certain Township
corridors, and other public ways and places;
(2)
Limit the creation of visual and physical obstructions
and other conditions that are hazardous to vehicular and pedestrian
traffic;
(3)
Limit interference with the facilities and operations
of facilities lawfully located in rights-of-way or public property;
(4)
Limit environmental damage, including damage to trees;
(5)
Respect the character of the neighborhoods and other
areas in which facilities are installed; and
(6)
Facilitate rapid deployment of Small Wireless Facilities
to provide the benefits of advanced wireless services to the Township
and its residents.
C.
Zoning. Applications to collocate a Small Wireless
Facility or install or modify an associated utility pole in the rights-of-way
shall be treated as a permitted use and exempt from local zoning regulation
review. Any other wireless facilities not meeting the definition of
a Small Wireless Facility shall be subject to applicable zoning requirements.
D.
Conflicts with other articles. This article supersedes
all Articles or parts of Articles adopted prior hereto that are in
conflict herewith, to the extent of such conflict.
As used in this article, the following terms shall have the
meanings indicated:
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
(1) Uniform building, fire, electrical, plumbing or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes enacted solely to address imminent threats
of destruction of property or injury to persons; and (2) Local zoning,
land use, streets and sidewalks, rights-of-way and permitting ordinances
that comply with this act.
A communications service provider that submits an application.
A request submitted by an applicant to a municipality: (1)
for a permit to collocate small wireless facilities; or (2) to approve
the installation, modification or replacement of a utility pole with
small wireless facilities attached.
The Code of Ordinances of Sadsbury Township.
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
A set of equipment and network components, including wires
and cables and associated facilities, used by a communications service
provider to provide a communications service.
A (1) A cable operator as defined in section 602(4) of the
Cable Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C.
§ 522(5)); (2) A provider of information service as defined
in section 3(20) of the Communications Act of 1934 (48 Stat. 1064,
47 U.S.C. § 153(24)); (3) A telecommunications carrier as
defined in section 3(44) of the Communications Act of 1934 (47 U.S.C.
§ 153(51)); or (4) A wireless provider.
Calendar day.
Is 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 facilities in the right-of-way to be
unusable and result in loss of the services provided.
The Federal Communications Commission of the United States.
A one-time charge.
Federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
A small wireless facility that: (1) does not exceed two cubic
feet in volume; and (2) has an exterior antenna no longer than 11
inches.
A written authorization of general applicability required
by the Township to perform an action or initiate, continue, or complete
a project.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Township.
A recurring charge.
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Township.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications: (1) Each antenna associated with the
deployment is no more than three cubic feet in volume; (2) The volume
of all other equipment associated with the wireless facility, whether
ground-mounted or pole mounted, is cumulatively no more than 28 cubic
feet. Any equipment used solely for the concealment of the small wireless
facility shall not be included in the calculation of equipment volume
under this paragraph.
Sadsbury Township, Chester County, Pennsylvania.
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for collocation.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including: (1)
equipment associated with wireless communications; and (2) radio transceivers,
Antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The term includes Small Wireless Facilities. The term does not include
the structure or improvements on, under, or within which the equipment
is collocated or the coaxial or fiber optic cables that are not immediately
adjacent to or directly associated with a particular antenna.
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in this Commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless services
provider.
A wireless infrastructure provider or a wireless services
provider.
Any services, whether at a fixed location or mobile, provided
to the public using wireless facilities.
A person who provides wireless services.
Shall have the same meaning given to it in the act of October
24, 2012 (P.L.1501, No. 191), known as the Wireless Broadband Collocation
Act.
A.
Permit required. No person shall place a Small Wireless
Facility or associated utility pole in the ROW, without first filing
an application and obtaining a permit therefore, except as otherwise
provided in this article.
B.
Application. All applications for permits filed pursuant
to this article shall be on a form, paper or electronic, provided
by the Township. The applicant may designate portions of its application
materials that it reasonably believes contain proprietary or confidential
information as "proprietary" or "confidential" by clearly marking
each page of such materials accordingly.
C.
Application requirements. An application shall be made
by the Wireless Provider or its duly authorized representative, and
shall contain the following:
(1)
The Wireless Provider's name, address, telephone
number, and e-mail address;
(2)
The applicant's name, address, telephone number,
and e-mail address, if different than the Wireless Provider, and its
interest in the work;
(3)
The names, addresses, telephone numbers, and e-mail
addresses of all consultants, if any, acting on behalf of the applicant
with respect to the filing of the application.
(4)
A general description of the proposed work and the
purposes and intent of the small wireless facility. 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 likely to be affected or impacted by the work proposed.
(5)
A site plan, with sufficient detail to show the proposed
location of items the applicant seeks to install in the ROW, including
any manholes or poles, the size, type, and depth of any conduit or
enclosure.
(6)
An attestation that the Small Wireless Facilities
will be fully constructed by a wireless services provider within one
year after the permit issuance date, unless the Township and the applicant
agree to extend this period.
(7)
An attestation that, to the best of the applicant's
knowledge, the information contained in the application is true.
D.
When application not required. An application shall
not be required for: (i) Collocate, maintain and modify Small Wireless
Facilities; (ii) Replace existing utility poles for collocation, (iii)
Install new utility poles with attached Small Wireless Facilities.
E.
Application fees. All applications for permits shall
be accompanied by a fee of $500 for a single up-front application
that includes up to five Small Wireless Facilities, with an additional
$100 for each Small Wireless Facility beyond five; and $1,000 in non-recurring
fees for each new associated utility pole.
F.
Consolidated applications.
(1)
An applicant may submit a consolidated Application
for up to 20 Small Wireless Facilities, if all the Small Wireless
Facilities in the consolidated Application are substantially the same
type.
(2)
If the Township denies the application for one
or more Small Wireless Facilities, or one or more Small Wireless Facilities,
in a consolidated application, the Township may not use the denial
as a basis to delay the application process of any other Small Wireless
Facility in the same consolidated Application.
(3)
A single permit may be issued for siting and collocating
multiple Small Wireless Facilities spaced to provide wireless coverage
in a contiguous area.
A.
Review of small wireless facility and utility pole
applications.
(1)
Within 10 days of receiving an initial application, the Township will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, as determined in the Township's discretion, 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 shot clock set forth in § 126-4A(2) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in § 126-4A(2) shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(2)
All applications shall be processed on a nondiscriminatory
basis, and the Township shall approve or deny an application for:
(i) collocation of Small Wireless Facility on an existing, permitted
structure within 60 days of receipt of the application, or (ii) within
90 days for applications to deploy a Small Wireless Facility using
a new, permitted structure.
(3)
An applicant and the Township may enter into a written agreement to toll the time periods set forth in § 126-4A(2).
(4)
If the Township fails to issue a decision on an application for a Small Wireless Facility within the required time periods set forth in § 126-4A(2). of this article, the application shall be deemed approved.
(5)
The Township may deny a proposed collocation of a
small wireless facility or installation or modification of a utility
pole only if the proposed application:
(a)
The Small Wireless Facility materially interferes
with the safe operation of traffic control equipment, sight lines
or clear zones for transportation or pedestrians or compliance with
the Americans with Disabilities Act of 1990 (Public Law 101-336, 104
Stat. 327) or similar Federal or State standards regarding pedestrian
access or movement.
(b)
The Small Wireless Facility fails to comply
with this Ordinance.
(c)
The Small Wireless Facility fails to comply
with the requirements specified under the Pennsylvania Small Wireless
Facilities Deployment Act.
(d)
The applicant fails to submit a report by
a qualified engineering expert which shows that the Small Wireless
Facility will comply with applicable FCC regulations.
(6)
The Township shall document the basis for a denial,
including the specific code provisions on which the denial was based,
and send the documentation to the applicant on or before the day the
Township denies an application. The applicant may cure the deficiencies
identified by the Township and resubmit the application within 30
days of the denial without paying an additional application fee. The
Township shall approve or deny the revised application within 30 days.
Any subsequent review shall be limited to the deficiencies cited in
the denial.
B.
Permit scope and effect. Installation, modification,
or collocation for which a permit is granted pursuant to this section
shall be completed within one year after the permit issuance date
unless the Township and the applicant agree to extend this period
or a delay is caused by the lack of commercial power or communications
facilities at the site. Approval of an application authorizes the
applicant to:
(1)
Undertake the installation, modification, or collocation;
and
(2)
Subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain the Small Wireless Facilities and any associated utility pole covered by the permit for a period of not less than five years, which the Township must renew for equivalent durations so long as the facilities are in compliance with the criteria set forth in §§ 126-4A(3) and 126-5.
C.
Authority granted; no property right or other interest
created. A permit from the Township authorizes an applicant to undertake
only certain activities in accordance with this article, and does
not create a property right or grant authority to the applicant to
impinge upon the rights of others who may already have an interest
in the ROW.
A.
Technical requirements. Small Wireless Facilities and
utility poles installed to support Small Wireless Facilities in the
ROW shall comply with the following requirements:
(1)
Height of new small wireless facilities. New Small
Wireless Facilities in the ROW may not extend more than 50 feet above
ground level.
(2)
Height of modified utility poles installed to support
small wireless facilities. Each modified utility pole installed in
the ROW shall not exceed five feet above the utility pole for modified
poles.
(3)
Maximum size. The Small Wireless Facility must conform
to the size and height limitations as defined for a Small Wireless
Facility in this article.
(4)
Utility poles. Utility pole installations, modifications,
and replacements relating to Small Wireless Facility collocations
shall be fabricated from material having a degree of strength capable
of supporting the Small Wireless Facility, and shall be capable of
withstanding wind forces and ice loads in accordance with applicable
standards. A modification, installation, or replacement shall be securely
bound in accordance with applicable engineering standards.
(5)
Color. To the extent technically feasible, Small Wireless
Facilities shall be of a color that is consistent with or most blends
into the structure on which they are installed, unless a different
color, approved by the Township, is needed for public safety or service
reliability reasons.
(6)
Wiring and cabling. Wires and cables connecting the
antenna and appurtenances serving the Small Wireless Facility shall
be installed in accordance with the version of the National Electrical
Code and National Electrical Safety Code adopted by the Township and
in force at the time of installation. In no event shall wiring and
cabling serving the small wireless facility interfere with any wiring
or cabling installed by a cable television or video service operator,
electric utility, or telephone utility.
(7)
Guy wires restricted. Guy wires and similar support
structures may not be used as part of the installation of any small
wireless facility, unless the small wireless facility is proposed
to be attached to an existing utility pole that incorporated guy wires
prior to the date of the small wireless application.
(8)
Grounding. The small wireless facility, including
any ground-mounted equipment, shall be grounded in accordance with
the requirements of the most current edition of the National Electrical
Code adopted by the Township regarding grounding of wireless facilities.
(9)
Signage. Other than the minimal size of warning or
notification signs as required by federal law or regulations, or small
identification and location markings, a small wireless facility shall
not have signs installed thereon.
(10)
Access. Wireless Providers and their employees,
agents, and contractors shall have the right of access to utility
poles, wireless support structures, and Small Wireless Facilities
in the ROW at all times for purposes consistent with this article.
B.
Other requirements. A Wireless Provider that seeks
to collocate Small Wireless Facilities or install or modify a utility
pole supporting Small Wireless Facilities shall be subject to the
following requirements:
(1)
Small Wireless Facilities shall be located such that
they do not interfere with public health or safety facility, such
as, but not limited to, a fire hydrant, fire station, fire escape,
water valve, underground vault, valve housing structure, or any other
public health or safety facility. New utility poles and Small Wireless
Facilities shall not be installed directly over any water, sewer,
or reuse main or service line.
(2)
To the extent technically feasible, new utility poles
installed to support Small Wireless Facilities shall be made of the
same or similar material as existing poles in the immediate area.
(3)
Any tree-disturbing activity necessary for the installation
or collocation of Small Wireless Facilities and utility poles installed
to support them shall comply with any applicable Shade Tree Commission
and Township Code and permitting requirements related to tree trimming
and/or removal.
(4)
Small Wireless Facilities and utility poles or wireless
support structures on which they are collocated shall not be lighted
or marked by artificial means, except when Small Wireless Facilities
are collocated on a light pole or where illumination is specifically
required by the Federal Aviation Administration or other federal,
state, or local regulations.
(5)
A Wireless Provider shall repair, at its sole cost
and expense, any damages, including, but not limited to, subsidence,
cracking, erosion, collapse, weakening, or loss of lateral support
to the Township's streets, sidewalks, walks, curbs, gutters,
trees, parkways, streetlights, traffic signals, improvements of any
kind or nature, or utility lines and systems, underground utility
line and systems, or sewer or water systems and water and sewer lines
directly resulting from any activities performed in connection with
the installation and/or maintenance of a wireless facility in the
ROW. The Wireless Provider shall restore such areas, structures, and
systems to substantially the same condition in which they existed
prior to the installation or maintenance that necessitated the repairs.
(6)
Small Wireless Facilities shall blend in with the
surrounding environment or be otherwise concealed to the extent practicable.
(7)
No small wireless facility may bear any signs or advertising
devices other than certifications, warnings, or other information
as required by federal or state law and/or regulation or by the Township
Code of Ordinances.
C.
Undergrounding provisions. To the extent doing so would
not result in an effective prohibition under applicable federal or
state law, the applicant shall comply with requirements that prohibit
communications service providers from installing structures in the
ROW in areas designated solely for underground or buried cable and
utility facilities where the Township has required all cable and utility
facilities other than Township poles and attachments to be placed
underground by a date certain that is three months prior to the submission
of the application. The Township Engineer may authorize the replacement
of Township poles in the designated area upon good cause shown, as
determined by the Township Engineer.
A.
Notice. Within 90 days following written notice
from the Township, Wireless Provider shall, at its own expense, protect,
support, temporarily or permanently disconnect, remove, relocate,
change, or alter the position of any Small Wireless Facilities or
utility 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. In such cases the Township shall
work with the Provider to allow for continuity of service and use
of an alternative location as needed.
B.
Emergency removal or relocation of facilities.
The Township retains the right to cut or move any Small Wireless Facilities
or utility poles located within the ROW, as the Township may determine
to be necessary, appropriate, or useful in response to any public
health or safety emergency. If circumstances permit, the Township
shall notify the wireless provider and provide it an opportunity to
move its Small Wireless Facilities or utility poles prior to cutting
or removing them, and in all circumstances shall promptly notify the
wireless provider after cutting or removing a small wireless facility
or utility pole.
C.
Abandonment of facilities. The Township may require
a wireless provider to remove an abandoned small wireless facility
or utility pole permitted hereunder within 180 days of abandonment.
Should the Wireless Provider fail to timely remove the abandoned small
wireless facility or utility pole, the Township, upon providing 60
days' prior written notice to Provider, may remove the small
wireless facility or utility pole to be removed and may recover the
actual cost of such removal from the Wireless Provider. A small wireless
facility or utility pole shall be deemed abandoned at the earlier
of the date that the wireless provider indicates in any way that it
is abandoning the small wireless facility or utility pole, or the
date that is 180 days after the date that the small wireless facility
or utility pole ceases to be used, unless the wireless provider gives
the Township reasonable evidence that it is diligently working to
place the Small Wireless Facility or utility pole back in service.
Applications to collocate Small Wireless Facilities on Township poles shall be processed under § 126-4 of this article. Applications shall not be denied unless they fail to meet the requirements of §§ 126-4 and 126-5, or unless there is insufficient capacity that cannot be remedied by rearranging, expanding, or otherwise reengineering the facilities at the reasonable and actual cost of the Township, to be reimbursed by the Wireless Provider.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township 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
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
