This article shall be known and may be cited as the "West Hempfield
Township Small Wireless Facilities and Use of Public Street Right-of-Way
Ordinance."
The Board of Supervisors enacts this article to govern use of
public street rights-of-way and municipal poles in accordance with
and as limited by Act 50 of 2021, the Small Wireless Facilities Deployment
Act. The Board of Supervisors recognizes the limitations of
the Act on its powers and desires to regulate the public street rights-of-way
and municipal poles to the maximum extent allowed by such Act. The
Board of Supervisors further desires to limit, to the extent legally
permissible, conflicts with other uses of the public street rights-of-way.
All persons who desire to install a small wireless facility
within a right-of-way, whether by co-location or by the installation
of a new utility pole, shall file an application, in writing, for
a permit with the Code Enforcement Officer. In order to be considered
a complete application, such application must include all of the following:
A. A written application form identifying, in detail, the name of the
applicant and contact information for the applicant and the name and
contact information of the person who prepared the application and
whether the applicant proposes erection of a new utility pole or co-location
on an existing utility pole.
B. Precise location of all portions of the proposed small wireless facility,
including pole-mounted and ground-mounted small wireless facility
components.
C. Identity of the owner of the utility pole if the Applicant proposes
co-location on an existing utility pole.
D. A report by a qualified engineering expert which shows that the small
wireless facility will comply with all applicable FCC regulations.
The report must identify the person who prepared the report and his
or her qualifications.
E. Construction drawings and supplemental information demonstrating
compliance with Section 3 of the Act, the UCC (including, as applicable, a complete UCC permit
application) and this article.
F. Plan showing the proposed small wireless facility installation, sealed
by a professional engineer, which shall contain a certification that
after installation of the facility any sidewalk, curb, or curb cuts
which may be impacted will comply with the ADA after installation
of the small wireless facility. The plan shall meet all of the following
requirements and include all of the following information:
(1) Existing right-of-way width, sidewalk, curbing, and cartway with
sufficient information to demonstrate that the small wireless facility
will be located completely within the existing public street right-of-way
and will not interfere with the safe operation of traffic control
equipment, sight lines, or clear zones for vehicles or pedestrians.
(2) Location of all stormwater management facilities within the public
street right-of-way, including swales, inlets, rain gardens, and pipes,
with sufficient information to demonstrate that the small wireless
facility will be located and installed in a manner that will not interfere
with existing stormwater management facilities.
(3) Location of all utility facilities within the public street right-of-way,
including but not limited to public water and sewer facilities, including
all hydrants and manholes, with sufficient information to demonstrate
that the small wireless facility will be located and installed in
a manner that will not interfere with existing utility facilities.
(4) Location of any driveway, mailbox, or utility serving the abutting
property.
G. Where the application proposes co-location on an existing utility
pole which is not a municipal pole, written permission from the owner
of the existing utility pole.
H. Where the application proposes installation of a new utility pole,
a self-certification that the applicant has determined in good faith
that it cannot meet its service reliability and functional objectives
of the application by co-locating on an existing utility pole or municipal
pole. This self-certification shall include documentation of the basis
of the determination which shall identify all existing utility poles
and municipal poles in the vicinity and why they are not suitable.
I. Where a new pole or excavation for any reason is proposed, an application for a street opening permit meeting all requirements of Article
II of this chapter with street opening permit fee and evidence of compliance with One Call.
J. The fee established by this article.
All applications shall be submitted to the Township office on
a day that the Township office is open to the public and during hours
that the office is open to the public. Applications received within
one hour of close of business shall be considered filed on the next
day that the Township office is open for business.
The Code Enforcement Officer shall review the application for
completion within the time periods required by the Act and, if incomplete,
shall notify the applicant in accordance with the Act. The Code Enforcement
Officer shall review and act upon the application in accordance with
the Act.
A. If the application meets all requirements of the Act and this article,
the Code Enforcement Officer shall issue a permit to authorize installation
of the small wireless facility and an invoice for the right-of-way
fee for the small wireless facility.
B. The proposed co-location, the modification or replacement of a utility
pole or the installation of a new utility pole with small wireless
facilities attached for which a permit is granted under this article
shall be completed within one year of the permit issuance date.
C. Subject to the permit requirements and the wireless provider's right
to terminate at any time, the permit shall grant the wireless provider
authorization to operate and maintain small wireless facilities and
any associated equipment on the utility pole covered by the permit
for a period of five years, which shall be renewed for two additional
five-year periods if the permit holder is in compliance with the criteria
set forth in this article and the Act and the permit holder has obtained
all necessary consent from the utility pole owner.
All small wireless facilities to be installed and maintained
within the right-of-way shall meet all of the following requirements:
A. The small wireless facility and all associated equipment shall meet
the size limits and height limits of the Act.
B. The small wireless facility shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic,
or to otherwise create safety hazards to pedestrians and/or motorists
or to otherwise inconvenience public use of the right-of-way. This
shall include, but not be limited to, any interference with compliance
with the ADA.
C. A new pole shall not be located within 10 feet of an existing driveway
or street intersection. A new pole shall not be located within any
stormwater management facility, including, but not limited to, any
swale or rain garden. A new pole shall not be located within 18 inches
of the face of the curb.
D. All equipment of the small wireless facility which is mounted on
a pole shall have a clearance of not less than 18 feet if located
over a cartway and not less than 10 feet if not located over a cartway.
E. Ground-mounted accessory equipment, walls, or landscaping shall not
be located within any stormwater management facility, including, but
not limited to, any swale or rain garden or within 18 inches of the
face of the curb.
F. A new pole or ground-mounted accessory equipment, walls or landscaping
shall not be located on an easement extending onto the lot adjoining
the right-of-way without the written permission of the easement holder.
G. Ground-mounted accessory equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features. Any required electrical
meter cabinets shall the screened to blend in with the surrounding
area. Ground-mounted accessory equipment shall not interfere with
access to any driveway or mailbox.
H. All underground facilities shall be designed and installed in a manner
which will not require the removal or relocation of any stormwater
management facility or underground utility.
The wireless provider shall maintain the small wireless facility
in a manner that meets or exceeds all of the design standards of this
article and all standards of the UCC. If the small wireless facility
is the only facility on a pole, the wireless provider shall maintain
the pole in accordance with this article and all applicable requirements.
The wireless provider shall remove any graffiti on the small wireless
facility, including but not limited to ground-mounted accessory equipment,
within 30 days after notice from the Township to do so.
In accordance with Section 3(c) of the Act, the Township hereby imposes an annual fee for the use
of the right-of-way in the amount of $270 per small wireless facility
or $270 per new utility pole with a small wireless facility. The annual
fee shall become effective beginning on January 1, 2022, and shall
be imposed for each calendar year or portion thereof during which
a small wireless facility is located in a right-of-way. The owner
of each small wireless facility installed within the Township shall
be responsible to pay such right-of-way fee, whether or not such provider
receives an invoice from the Township. The fee will be due by January
31 of the calendar year for the calendar year to which the fee relates.
A. The failure to pay the annual right-of-way fee shall be a violation
of this article and shall be subject to the penalties and remedies
in this article.
B. If the annual right-of-way fee is not paid in full by January 31
of the calendar year, a penalty of 10% of the annual fee shall be
added. If the annual fee plus penalty is not paid in full by March
31 of the calendar year, interest at the rate of 1% per month shall
continue until the annual right-of-way fee, penalty, and interest
are paid in full.
C. The annual fee shall be adjusted upward by resolution of the Board
of Supervisors if authorized by Section 7(c) of the Act.
D. The owner of each small wireless facility installed within a right-of-way
on the effective date of this article shall provide the Township with
a report identifying each existing small wireless facility identifying
the location of such small wireless facility, the dimensions of such
small wireless facility, and the date of installation of the small
wireless facility. This report shall include the name and contact
information for the owner of the small wireless facilities, including
the address to send invoices for the annual right-of-way fee and any
notices under this article.
E. The owner of each small wireless facility shall provide the Township
with up-to-date contact information. If ownership of a small wireless
facility changes, the new owner of the small wireless facility shall
provide notice and new contact information to the Township within
30 days.
An applicant for a permit to install a small wireless facility
shall include the following fees with its application:
A. For an application seeking approval for between one and five co-located
small wireless facilities: $500.
B. For an application seeking approval of more than five co-located
small wireless facilities: $500 plus $100 for each co-located small
wireless facility beyond five.
C. For an application seeking approval of a small wireless facility
that requires the installation of a new or replacement utility pole:
$1,000.
D. The fees established by this section shall be adjusted upward by
resolution of the Board of Supervisors if authorized by Section 7(c)
of the Act.