[Ord. No. 2021-15, 12/2/2021]
This Part 4 shall be known as "Permitting, Placement and Design Standards Related to the Installation of Small Wireless Communications Facilities."
[Ord. No. 2021-15, 12/2/2021]
1. 
As used in this Part, the following terms shall have the meanings indicated:
ACTION OR TO ACT ON A SITING APPLICATION
A siting authority's grant of a siting application or issuance of a written decision denying a siting application.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Public Utility Commission authorization, for the provision of personal wireless service and any commingled information services.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and when co-located on a structure, is mounted or installed at the same time as such antenna.
ANTENNA FACILITY
An antenna and associated antenna equipment.
APPLICANT
A person or entity that submits a siting application and the agents, employees, and contractors of such person or entity.
APPLICATION
A written submission to Upper Macungie Township requesting authorization for the deployment of a wireless service facility at a specified location.
AUTHORIZATION
Any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit.
CO-LOCATION
Mounting or installing an antenna facility on a preexisting structure; and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
DEPLOYMENT
Placement, construction, or modification of a personal wireless service facility.
FACILITY or WIRELESS COMMUNICATIONS SERVICE FACILITY
An antenna facility or a structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.
SMALL WIRELESS FACILITIES
Facilities that meet each of the following conditions:
A. 
Are mounted on structures 50 feet or less in height, including their antennas.
B. 
Are mounted on new or existing structures no more than 10% taller than other adjacent structures.
C. 
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.
D. 
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of "antenna"), is no more than three cubic feet in volume.
E. 
Are not mounted on street signs or traffic signal poles.
F. 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
G. 
The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x).
H. 
The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards.
STRUCTURE
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).
[Ord. No. 2021-15, 12/2/2021]
Permit and Lease Required. No small cell installation shall be constructed, erected, modified, operated or maintained within the Township on any property, including the public right-of-way, without the issuance of a permit and lease as required by this Part. No approval granted under this Part shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the Township for delivery of telecommunications services or any other purpose.
[Ord. No. 2021-15, 12/2/2021]
1. 
All permit and lease applications must include:
A. 
Detailed site and engineering plans.
B. 
Photographs of facility equipment.
C. 
Visual impact analysis with photo simulations.
D. 
Certification by a certified RF engineer demonstrating compliance with the FCC standards for radio frequency emissions as they relate to the general public, including aggregate emissions for all co-located equipment.
E. 
Certification that the applicant has a right under state law to install facilities in the public right-of-way if that is the proposed location of the facilities.
F. 
Written documentation demonstrating a good-faith effort to locate the facility in the least intrusive location and screened to the greatest extent feasible.
G. 
Documentation that owners of all properties within 500 feet of the application have been notified.
H. 
Indemnification agreement to indemnify the Township in any proceeding to challenge approval of the facility.
I. 
Indemnification agreement indemnifying and holding the Township, its elected officials, employees, agents and representatives harmless from any judgment, award, damage or loss, including court costs and attorney's fees, resulting from a successful legal action brought against the Township for loss of property value due to the construction or operation of a small cell installation.
J. 
A written description identifying the geographic service area for the subject installation, accompanied by a plan and maps showing anticipated future installations and modifications for the following two years, in addition to the master plan described by this section.
[Ord. No. 2021-15, 12/2/2021]
The Township shall assess a per-installation fee (as outlined in the Upper Macungie Township Fee Schedule) to cover the Township's costs for processing, review, commenting upon, evaluation, hearing, and consideration of the application, processing the lease and conducting oversight of the initial construction of the small cell installation to ensure compliance with zoning requirements.
[Ord. No. 2021-15, 12/2/2021]
The Township shall have the right to retain an independent technical consultant to assist the Township in the review of the application. The cost of the review shall be paid by the applicant.
[Ord. No. 2021-15, 12/2/2021]
The Lessee shall be required to post a bond in the amount of $50,000 for each small cell installation, such bond to be held during the entire period of the Lessee's operation of each small cell installation in the Township as a guarantee that no such installation, including any co-located equipment, exceeds or will exceed the allowable FCC limits for RF radiation exposure as determined by a qualified independent RF engineer.
[Ord. No. 2021-15, 12/2/2021]
The Lessee shall provide an agreement in the form provided by the Township that the Lessee agrees to defend, hold harmless and fully indemnify the Township, its officers, employees, agents, attorneys, and volunteers, from any claim, action or proceeding brought against the Township or its officers, employees, agents, or attorneys to attack, set aside, void, or annul any such approval of the Township. This indemnification agreement shall be in a form acceptable to the Township Solicitor and shall include, but not be limited to, damages, fees and/or costs awarded against the Township, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding, whether incurred by the Lessee, the Township and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the Lessee to indemnify the Township for all of the Township's costs, fees and damages which the Township incurs in enforcing the indemnification provisions of this section.
[Ord. No. 2021-15, 12/2/2021]
1. 
Each year on July 1, the Lessee shall submit to the Township an affidavit which shall list all active small cell wireless installations it owns within the Township by location, certifying that 1) each active small cell installation is covered by liability insurance in the amount of $2,000,000 per installation, naming the Township as additional insured; 2) each active installation has been inspected for safety by the Township or a designated Third-Party Inspection Agency and found to be in sound working condition and in compliance with all federal safety regulations concerning RF exposure limits;
2. 
The Township shall have the right to employ a qualified RF engineer to conduct an annual random test of the Lessee's small cell wireless installations located within the Township to ensure their compliance with all FCC radio frequency emission limits as they pertain to exposure to the general public. The cost of such tests shall be paid by the Lessee.
3. 
In the event that such independent tests reveal that any small cell installation or installations owned or operated by the Lessee or its sublessees, singularly or in the aggregate, is emitting RF radiation in excess of FCC exposure guidelines as they pertain to the general public, the Township may notify the Lessee and all residents living within 1,500 feet of the small cell installation(s) of the violation, and the Lessee shall have 48 hours to bring the small cell installation(s) into compliance. Failure to bring the small cell installation(s) into compliance shall result in the forfeiture of the bond, and the Township shall have the right to require the removal of such installation(s), as the Township, in its sole discretion, may determine is in the public interest.
4. 
The Lessee shall pay an annual recertification fee of $270 per active small cell installation.
5. 
Any small cell wireless installation which is no longer in use shall be removed by the Lessee within 60 days of submission of the annual recertification affidavit, at the Lessee's expense.
6. 
Any small cell wireless installation which is not removed within 60 days after being listed as no longer in use in the annual recertification affidavit shall be subject to a fine of $100 per day until such installation is removed.
7. 
Where such annual recertification has not been timely submitted, or equipment no longer in use has not been removed within the required sixty-day period, no further applications for small cell wireless installations will be accepted by the Township until such time as the annual recertification has been submitted and all fees and fines paid.
[Ord. No. 2021-15, 12/2/2021]
Any small cell installation constructed, erected, modified or enhanced prior to the issuance of a site-specific permit and lease from the Township shall be removed prior to the submission of an application.
[Ord. No. 2021-15, 12/2/2021]
1. 
Siting Guidelines. The purpose of this section is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for small cell installation in the Township, provided that nothing in this section shall be construed to permit a small cell installation in any location that is otherwise prohibited by this Part or any other existing section of the Township Code.
A. 
Order of Preference - Configurations. The order of preference for the configuration of small cell installations in the Township, from most preferred to least preferred, is:
(1) 
Co-location with existing facilities.
(2) 
Mounted on an existing utility pole.
(3) 
Mounted on a new telecommunication monopole or tower.
B. 
Order of Preference - Location. The order of preference for the location of small cell installations in the Township, from most preferred to least preferred, is:
(1) 
LI, LI(L), GI and RT.
(2) 
HC, NC and R5.
(3) 
R4 and R3.
(4) 
R2, R1, RU3 and RU1.5.
(5) 
OSP.
[Ord. No. 2021-15, 12/2/2021]
1. 
The Lessee must construct, install and operate the small cell installation in strict compliance with the plans and specifications included in the application.
2. 
Where feasible, as new technology becomes available, the Lessee shall replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approval required by the Township.
3. 
The Lessee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the Township. The Lessee shall notify the Township of any changes to the information submitted within seven days of any change, including the name or legal status of the owner or operator.
4. 
At all times, all required notices and signs shall be posted on the site as required by the FCC and state law, and as approved by the Township. The location and dimensions of a sign bearing the emergency contact name and telephone numbers shall be posted pursuant to the approved plans.
5. 
The Lessee shall maintain current at all times liability and property insurance for each small cell installation in the public right-of-way in the amount of $2,000,000 naming the Township as additional insureds.
6. 
The proposed small cell installation shall have an adequate fall zone to minimize the possibility of damage or injury resulting from pole collapse or failure, ice fall or debris fall, and to avoid and minimize all other impacts upon adjoining properties.
7. 
Every effort shall be made to locate small cell installations no less than 1,500 feet away from the nearest other small cell installation, or within 250 feet of any permanent dwelling located in a residential zone.
8. 
Any single or co-located small cell installation equipment must be connected to an existing utility pole that can support its weight and the weight of any existing co-located equipment. All new wires needed to service the small cell installation must be located within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole.
9. 
All equipment not to be installed on or inside the pole must be located underground, at grade and within three feet of the utility pole. Each installation is to have its own dedicated power source to be installed and metered separately.
[Ord. No. 2021-15, 12/2/2021]
1. 
All small wireless communications facilities shall:
A. 
Not obstruct the safe operation of traffic control equipment or streetlights.
B. 
Not be constructed or located in locations which may conflict with floodwaters, stormwater runoff or maintenance of Township and state roadways.
C. 
Not interfere with driver or pedestrian sight lines or clear zones for transportation or pedestrians.
D. 
Comply with applicable federal and state standards regarding pedestrian access and movement.
E. 
Not cause physical damage to private property.
F. 
Not include advertisements.
G. 
Comply with all other provisions of the Upper Macungie Code of Ordinances.
2. 
Each antenna associated with a small wireless communications facility may be up to three cubic feet in volume and:
A. 
When mounted at the top of a pole, whether or not enclosed:
(1) 
An initial installation will not exceed six feet above the top of the pole;
(2) 
A co-located installation will be no taller than necessary to house the co-location.
B. 
When mounted at the top of a pole, a pole-top extension shall be no taller than necessary for separation from other attachments.
C. 
When mounted on a lateral standoff bracket on a pole, the antenna shall protrude no more than necessary to meet clearances.
D. 
When mounted on or within an existing or replacement decorative pole or specifically designed structure such as street signs, streetlights, and traffic signal mastheads, shall fully conform to the design aesthetics of the original pole or structure, including the design, style, color and finish.
E. 
When mounted on another structure, shall not impair the function of the structure.
F. 
Unless technically unable to do so due to effective operation, shall be shrouded and match the color of the existing pole as per this Part.
3. 
Related equipment associated with an antenna shall be:
A. 
Flush-mounted or as near to flush as possible.
B. 
If mounted on a pole other than at the top, shall provide a minimum of 12 feet above streets, driveways and sidewalks.
C. 
If located in a ground-mounted cabinet, shall match the design, style, and color of the pole as closely as possible and shall be shielded utilizing shrubs, grasses or perennials or public facilities such as benches, public art, etc.
D. 
If mounted on a pole, concealed in a shrouded enclosure matching the pole color in all areas of the Township and additionally shielded from view by interchangeable decorative banners as shown in this Part in the following areas of the Township:
(1) 
Along Hamilton Boulevard (Rt. 222).
(2) 
Along Tilghman Street (from the Intersection of Rt. 100 to the South Whitehall Township Line).
(3) 
Along PA Route 100 (Trexlertown Road).
(4) 
Along any road frontage of a public or private school.
(5) 
Along the road frontage of any Upper Macungie Township owned park or municipal complex property.
E. 
Replacement poles shall be:
(1) 
Installed within three feet of the location for the original pole;
(2) 
Of a material and dimensions that match as closely as feasible existing adjacent poles, or consistent with any published local standards for utility pole placements.
F. 
New poles shall be:
(1) 
Aligned with the predominate pattern of existing adjacent structures;
(2) 
Not located directly in front of storefront windows, primary walkways, primary windows, or primary egress points to any buildings;
(3) 
Constructed of a nonreflective material or shall feature a nonreflective coating.
G. 
Cables and wires associated with a small wireless communications facility:
(1) 
Shall be installed within the pole; or
(2) 
Shall be flush-mounted to the pole where internal installation is not feasible; or
(3) 
Shall be encased in pole color and finish matching cover or conduit when flush-mounted to the pole.
H. 
Electric meters, if required, will be pole-mounted where feasible to the extent authorized by the pole owner and electric provider.
[Ord. No. 2021-15, 12/2/2021]
An application for placement of a co-located small wireless communications facility in the right-of-way that is substantially consistent with of one the following examples and all other portions of this Part shall be considered favorably by the Zoning Officer via a standard permit application under the Township's applicable process.
[Ord. No. 2021-15, 12/2/2021]
This Part shall apply to all small cell installations and co-located small cell installations in the Township and shall not apply to any Exempted Telecommunications Facility or Major Telecommunications Facility.
[Ord. No. 2021-15, 12/2/2021]
1. 
The Board of Supervisors may grant a modification of the requirements of one or more provisions of this Chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modifications will not be contrary to the public interest and that the purpose and intent of this Chapter is observed.
A. 
An applicant seeking a waiver or modification under this section shall promptly file a written request to the Township Community Development Department.
B. 
The written request for a waiver or modification shall set forth with specificity the following:
(1) 
The identity of each waiver or modification sought;
(2) 
The grounds supporting each waiver or modification sought (grounds may include gaps in wireless coverage); and
(3) 
The proposed alternative design.
C. 
Each waiver or modification sought shall be consistent with the public health, safety and general welfare and the purpose and intent of the Small Wireless Facilities Standards.
D. 
The Township Secretary shall place the waiver request on the next agenda of the Board of Supervisors.
E. 
Following consideration of the applicant's presentation and/or submission and with respect to both, and any responses thereto, the Board of Supervisors shall approve, conditionally approve or deny the waiver or modification. The imposition of a condition to which an applicant disagrees shall be considered a denial.
F. 
The decision of Board of Supervisors may be appealed in accordance with applicable law.
[Ord. No. 2021-15, 12/2/2021]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedures, shall be sentenced to pay a fine of not more than $1,000, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.