[HISTORY: Adopted by the Board of Supervisors of the Township
of Hanover 3-8-2022 by Ord. No. 22-2. Amendments noted where applicable.]
This chapter shall be known as the "Small Wireless Facilities
Ordinance of Hanover Township, Northampton County, Pennsylvania."
In the exercise of its police powers and pursuant to the authority
granted to the Township under Act 50, the Township has jurisdiction
to regulate uses of the right-of-way. The purpose of this chapter
is to provide the Township with a process for managing, and uniform
standards for acting upon, requests for the placement of small wireless
facilities within the right-of-way consistent with the Township's
obligation to promote the public health, safety, and welfare; to manage
the right-of-way; and to ensure that the public's use is not
obstructed or disturbed by the use of the right-of-way for small wireless
facilities. The Township recognizes the importance of wireless telecommunication
facilities to provide high-quality communication and internet access
services to residents and businesses within the Township. The Township
also recognizes its obligation to comply with applicable federal and
state laws regarding the placement of wireless telecommunications
facilities in the right-of-way including, without limitation, the
Telecommunications Act of 1996, 47 U.S.C. § 1511, et seq.
and Act 50, 53 P.S. §§ 11704.1 – 11704.11. This
chapter shall be interpreted consistent with those provisions.
For the purpose of this chapter, the terms below shall have
the meanings given herein. When not inconsistent with the context,
words used in the present tense, include the future tense, words in
the plural include the singular, and words in the singular include
the plural.
Any equipment serving or being used in conjunction with a
small wireless facility or wireless support structure, including but
not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets, and
storage sheds, shelters, or similar structures.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
All ordinances, resolutions, or policies of the Township
regulating:
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.
Local zoning, land use, streets and sidewalks, right-of-way
and permitting ordinances or other local rules or regulations that
comply with Act 50.
All applicable state laws, regulations, and standards that comply
with Act 50.
All applicable federal laws, regulations, and standards that
comply with Act 50.
A communications service provider that submits an application.
A formal request, including all required and requested documentation
and information, submitted by an applicant to the Township for a wireless
permit.
To install, mount, maintain, modify, or replace small wireless
facilities on an existing utility pole or other wireless support structure.
Any of the following:
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)).
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)).
A telecommunications carrier as defined in section 3(44) of the Communications
Act of 1934 (48 Stat. 1064, 47 U.S.C. § 153(51)).
A wireless provider.
The Federal Communications Commission.
A building that is or a group of buildings, properties or
sites that are:
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register.
Determined to be eligible for listing by the Keeper of the National
Register of Historic Places who has been delegated the authority by
a federal agency to list properties and determine their eligibility
for the National Register of Historic Places in accordance with section
VI.D.1.a.i-v of the Nationwide Programmatic Agreement for Review Regarding
the Section 106 National Historic Preservation Act Review Process
as specified under 47 CFR Pt. 1, App. C (relating to Nationwide Programmatic
Agreement Regarding the Section 106 National Historic Preservation
Act Review Process).
Marked as a historical site by the Pennsylvania Historical and
Museum Commission pursuant to 37 Pa.C.S. (relating to historical and
museums).
Within a historic district created pursuant to the act of June
13, 1961 (P.L. 282, No. 167), entitled "An act authorizing counties,
cities, Townships, incorporated towns and townships to create historic
districts within their geographic boundaries; providing for the appointment
of Boards of Historical Architectural Review; empowering governing
bodiesof political subdivisions to protect the distinctive historical
character of these districts and to regulate the erection, reconstruction,
alteration, restoration, demolition or razing of buildings within
the historic districts."
A small wireless facility that:
The improvement, upgrade or replacement of a small wireless
facility or an existing utility pole that does not substantially change,
as defined in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications),
the physical dimension of the small wireless facility or utility pole.
A utility pole owned, managed, or operated by or on behalf
of the Township.
A natural person, firm, partnership, company, association,
trust, corporation, or other legal entity. The singular shall include
the plural, the plural shall include the singular; and the masculine
shall include the feminine and the neuter, whatever appropriate.
The area on, below or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property. The term does
not include a federal interstate highway.
The equipment and network components, including antennas,
transmitters, and receivers, used by a wireless provider that meet
the following qualifications:
Each antenna associated with the deployment is no more than
three cubic feet in volume.
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.
That, by virtue of engineering or spectrum usage, the proposed
placement for a small wireless facility or its design or site location
can be implemented without a material reduction in the functionality
of the small wireless facility.
The Township of Hanover, Northampton County, Pennsylvania.
The person(s) or entity(s) selected by the Township as responsible
for initial processing of the application.
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 service
between user equipment and a communications network, including any
of the following:
Equipment associated with wireless services.
Radio transceivers, antennas, coaxial or fiber optic cables,
regular and backup power supplies, or comparable equipment, regardless
of technological configuration. The structure or improvements on,
under or within which the equipment is collocated.
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 permit issued by the Township pursuant to this chapter
and authorizing the placement or modification of a small wireless
facility of a design specified in the permit at a particular location
within the right-of-way, and the placement or modification of any
existing wireless support structure to which the small wireless facility
is proposed to be attached.
The lawful holder of a wireless permit.
A wireless infrastructure provider or a wireless services
provider.
Services, whether at a fixed location or mobile, using a
licensed or unlicensed spectrum, provided to the public using wireless
facilities.
A person or entity which provides wireless services.
The same meaning given in the act of October 24, 2012 (P.L.
1501, No. 191), known as the Wireless Broadband Collocation Act.
A.
Applicability. Unless otherwise exempted, every applicant who wishes
to place a small wireless facility in the right-of-way must obtain
a wireless permit under this chapter.
B.
Exempt facilities. The Township shall not require an application
for the following unless the work involves excavation, closure of
a sidewalk, or closure of a vehicular lane in which case a permit
shall still be required:
(1)
The installation, placement, maintenance, operation, or replacement
of microwireless facilities that are strung on cables between existing
utility poles by or for a communications service provider authorized
to occupy the right-of-way, in compliance with the National Electric
Safety Code. However, a microwireless facility owner shall comply
with all applicable codes, and shall provide for the Township with
written notice at least 90 days prior to the installation, placement,
maintenance, operation, or replacement of a microwireless facility.
While an application is not required for a microwireless facility,
they shall be subject to all other provisions of this chapter.
(2)
Routine maintenance or repair work.
(3)
The replacement of small wireless facilities with small wireless
facilities that are substantially similar or the same size or smaller
and still qualify as a small wireless facility.
(4)
The exemptions from applications provided for herein shall not relieve
the party performing such work from compliance with the permitting
or application requirements that may otherwise apply pursuant to the
applicable codes of the Township including, but not limited to, permits
for excavation-related work.
A.
Application process.
(1)
Small wireless facilities shall be treated as a permitted use in
all areas of the Township, except underground districts as established
and designated by the Township from time-to-time, and shall be reviewed
by the Township for conformity with all applicable codes.
(2)
Applications for small wireless facilities shall be submitted to
the Township, or, if applicable, the Township's designee. All
applicants shall submit both a paper copy and an electronic copy (in
a searchable format) of any application, as well as any amendments
or supplements to the application or responses to requests for information
regarding an application. An application is not complete until both
the paper and electronic copies are received.
(3)
A single applicant seeking to collocate is permitted to submit a
consolidated application for collocation of up to 20 small wireless
facilities. An applicant, however, may not submit more than one consolidated
or 20 single applications for collocated small wireless facilities
in a thirty-day period. If the Township receives more than one consolidated
application or 20 single applications within a forty-five-day period,
then the applicable timeframe for processing applications specified
in this chapter shall be extended by 15 days.
(4)
Applications are public records that may be subject to disclosure
under the Pennsylvania Right-to-Know Law. The applicant must designate
any portions of the application materials that it reasonably believes
contain proprietary or confidential information by clearly and conspicuously
marking each portion of such materials accordingly. If the Township
determines that the information is subject to disclosure, such determination
shall be conclusive. If the Township determines that a right-to-know
request asks for proprietary or confidential information regarding
a small wireless facility, then the Township shall notify the relevant
applicant within five days of receiving said request pursuant to the
Right-to-Know Law. The applicant and Township shall use all reasonable
efforts to coordinate a response pursuant to the Right-to-Know Law.
If the applicant determines that the requested information is considered
confidential or proprietary information as defined by the Right-to-Know
Law, or that any other exemption applies, then the applicant shall
notify the Township within five days of it receiving notification
from the Township. If the applicant requests that the Township deny
a request pursuant to the Right-to-Know Law, then the applicant shall
be required to enter into an agreement with the Township indemnifying
the Township for any and all legal expenses incurred by the Township
as a result of any challenge to the denial.
(5)
Applicant must pay an application fee for each application or consolidated
application pursuant to a fee schedule adopted by the Township as
amended from time-to-time by resolution or otherwise. Where no such
fee schedule has been adopted, applicant shall pay:
(a)
$500 for an application seeking approval for no more than five
collocated small wireless facilities and $100 for each collocated
small wireless facility beyond five.
(b)
$1,000 for an application seeking approval of a small wireless
facility that requires the installation of a new or replacement utility
pole.
(c)
Application fees are nonrefundable and will not be returned
to the applicant even where applicant chooses not to proceed with
construction or installation of the small wireless facility.
(6)
In addition to the application process set forth herein, applicant
shall be responsible, as may be required by law, to obtain any other
governmental or regulatory permits and approvals required for the
installation or modification of a small wireless facility. The Township
shall not be liable as a result of accepting an application or issuing
a permit in the event that an applicant is prevented from placing
and/or maintaining its small wireless facility pursuant to this chapter.
(7)
Applications for small wireless facilities shall include the following:
(a)
Full and complete payment of all applicable permit application
fees.
(b)
A completed application form, to the extent the Township may
adopt the same from time-to-time, signed by an authorized representative
of the applicant and made subject to all standard permit conditions
specified in this chapter.
(c)
In the absence of an application form, applicant shall submit
an application packet consisting of a cover letter and all required
supporting documentation. The applicant shall detail the location
of the proposed site(s), all equipment and accessory equipment being
proposed as part of the small wireless facility, and shall certify
that the applicant has included all information required by the Township
and by all applicable codes. The application packet shall be signed
by an authorized representative of the applicant. The cover letter
shall also include the applicant's name (including any corporate
or trade name), and the name, address, email address, and telephone
number of a local representative responsible for the application.
If the applicant is a wireless infrastructure provider, the name and
contact information for all wireless service providers that will use
the proposed small wireless facility must be provided. Applicant shall
also self-certify subject to 18 Pa.C.S. § 4904 that the
filing and approval of the application is required by the wireless
provider to provide additional capacity or coverage for wireless services.
(d)
Applicant's construction plans and drawings including,
but not limited to, a description of the required work and renderings
of the proposed small wireless facility and the proposed site. Said
plans and drawings shall show all equipment being proposed as part
of the small wireless facility, detailed site plans showing the location
of the small wireless facility, and details regarding proposed construction
and/or excavations, if any. Photo simulations depicting the small
wireless facility from at least three locations near the proposed
site shall also be included.
[1]
If the small wireless facility is proposed for collocation on
an existing or replacement utility pole or wireless support structure
that currently supports existing attachments, the depiction shall
show the location and dimensions of all such attachments.
[2]
If the proposed small wireless facility will be installed on
a new or replacement utility pole or wireless support structure, the
depiction shall include the color, dimensions, material, and type
of utility pole or wireless support structure proposed.
[3]
Applicant's construction plans and drawings shall also
comply with and include any information required by the Township's
Wireless Facilities Design Manual.
(e)
The manufacturer and model, proposed location, and physical
dimensions, including weight and volume, of each piece of equipment
proposed as part of the small wireless facility.
(f)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
wireless facility and wireless support structure are structurally
sound and shall not endanger public health and safety.
(g)
A seal and signature of a professional engineer, licensed in
the Commonwealth of Pennsylvania and certifying compliance with all
local, state, and federal laws and regulations applicable to the proposed
small wireless facility, including applicable standards for radio
frequency emissions.
(h)
Certification of the application's compliance with all
requirements of this chapter.
(i)
Proof that the applicant has mailed to the owners of all property
within 150 feet of the proposed small wireless facility a notice that
the applicant is submitting an application to the Township for placement
or modification of a small wireless facility in the right-of-way,
which notice must include:
(j)
A detailed request for, and explanation of the justification
in support of, any waiver requested from the requirements of this
chapter.
(k)
Where an application is made to install a small wireless facility
with a new utility pole, the application must include sufficient information
to demonstrate that an applicant cannot meet the service reliability
and functional objectives of the application by collocating on an
existing utility pole or municipal pole instead of installing a new
utility pole. To demonstrate this requirement, the applicant may submit
with its application a certification that it has made this determination
in good faith and shall also provide a supporting documented summary
of the basis for the determination. The applicant's determination
in this regard shall be based on whether the wireless provider can
meet the service objectives of the application by collocating on an
existing utility pole or municipal pole on which:
(l)
An application shall not be administratively complete unless
all of the required elements set forth above are included in the application.
(8)
Timing of application review.
(a)
Within 10 business days of receiving an application, the Township
will determine and notify the applicant in writing whether the application
is incomplete. If the Township determines that an application is incomplete,
the written notice will specifically identify the information not
included with the application. The time for the Township to process
the application shall restart on the date the applicant provides all
of the information required to complete the application. The processing
deadline may be tolled or extended by a written agreement of the applicant
and the Township. Receipt of an application may occur on any business
day of the Township.
(b)
The Township shall process applications on a nondiscriminatory
basis and applications shall be deemed approved if the Township fails
to approve or deny the application within 60 days of receipt of a
complete application to collocate and within 90 days of receipt of
a complete application to replace an existing utility pole or install
a new utility pole with small wireless facilities attached. A permit
associated with an application deemed approved under this subsection
shall be deemed approved if the Township fails to approve or deny
the permit within seven business days after the date of filing the
permit application with the Township unless there is a public safety
reason for the delay. An applicant shall provide written notice to
the Township within 72 hours of when it discovers that a deemed approval
has occurred. Written notice may be received by USPS or courier.
(c)
Where the Township denies an application because of defects
found therein, the applicant may cure the deficiencies identified
by the Township and resubmit the application within 30 days of receiving
the written basis for the denial. No permit application fee is required
for an application resubmitted pursuant to this section. Following
resubmission, the Township shall approve or deny the application within
30 days of the resubmission date. An applicant shall not be entitled
to more than one submission.
(9)
Once approved, the applicant shall be required to coordinate installation
of the small wireless facility to result in the least interference
with the public use of the right-of-way as possible.
B.
Placement. Small wireless facilities and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
right-of-way as determined by the Township in its sole discretion.
C.
Deadlines for completion. Any permittee granted a permit pursuant
to this chapter for purposes of collocation, modification, or replacement
of a small wireless facility, including installation of a new wireless
support structure with a small wireless facility attached shall complete
the construction work that is the subject of said permit within one
year of the date the permit is issued. The Township and any applicant
or permittee may agree in writing to extend the period of construction
for a period of greater than one year.
D.
Compensation for right-of-way use. The holder of any permit issued
for a small wireless facility pursuant to this chapter shall pay the
Township an annual fee for use and occupancy of the right-of-way.
The fee shall be established pursuant to a fee schedule adopted by
the Township as amended from time-to-time by resolution or otherwise.
Where no such fee schedule has been adopted, the fee shall be $270
per small wireless facility or $270 per new utility pole with a small
wireless facility.
(1)
The permittee and/or owner of each small wireless facility shall
be invoiced for the first annual fee on the date the permit is issued,
prorated based on the proportion of the calendar year then remaining.
Subsequent invoicing shall be prospective and occur each January.
Said invoices shall be paid within 30 days of receipt thereof. Any
unpaid invoice shall be subject to interest accruing on the unpaid
amount at 6% per annum beginning on the 31st day from the date of
invoice until paid.
E.
Design guidelines and aesthetic requirements. Small wireless facilities
shall be designed, installed, operated, and maintained in compliance
with all design guidelines, aesthetic requirements, or concealment
measures adopted or amended by the Township from time-to-time. Such
requirements, if any, are contained in the Wireless Facilities Design
Manual, a copy of which shall be kept on file in the Township office.
Applicant's design shall comply with all other applicable codes
of the Township including the Township's Zoning Ordinance. The
Wireless Facilities Design Manual may be amended by resolution from
time-to-time by a resolution of the Township Board of Supervisors.
A.
Compliance.
(1)
The small wireless facility applicant shall submit proof of compliance
with all applicable codes, including but not limited to Act 50 and
those established by the FCC, as part of any complete small wireless
facility application.
(2)
If such applicable codes are modified, the permittee of the small
wireless facility shall bring such small wireless facility into compliance
with the modified applicable codes within three months of the effective
date of such applicable codes unless a different compliance term is
required by the controlling state or federal agency. Failure to bring
such small wireless facilities into compliance shall constitute grounds
for revocation of a permit and the removal of the small wireless facility
at the permittee's expense.
(3)
All small wireless facilities shall meet or exceed all applicable
standards set forth by the state or federal government, as well as
any applicable industry standard. In case of conflict, the most stringent
requirements shall prevail. All necessary certifications shall be
obtained by the applicant or permittee, as applicable, and shall be
provided to the Township.
(4)
Small wireless facilities shall be installed and modified in a manner
that:
(a)
Ensures that placement of small wireless facilities on existing
structures is within the tolerance of those structures.
(b)
Ensures that the applicant's or permittee's use does
not inconvenience the public, interfere with the primary uses of the
right-of-way, or hinder the ability of the Township or other government
entities to improve, modify, relocate, abandon, or vacate the right-of-way
or any portion thereof, or to cause the improvement, modification,
relocation, vacation, or abandonment of facilities in the right-of-way.
(c)
Ensures that the applicant's or permittee's use does
not obstruct, endanger, or hinder travel or public safety within a
right-of-way, damage or interfere with other utility facilities located
within a right-of-way or obstruct or interfere with the legal use
of the right-of-way by the Township or other utility.
(d)
Ensures that the Township bears no risk or liability because
of the installation or modification of a small wireless facility.
(5)
Small wireless facilities in the public right-of-way requiring the
installation of a new wireless support structure shall not be located
immediately in front of any building entrance or exit.
(6)
All small wireless facilities shall comply with all applicable requirements
of the Americans with Disabilities Act and all applicable codes, including
those applicable to streets and sidewalks.
B.
Attachment to municipal structures.
(1)
Subject to the requirements and processes of this chapter, Act 50,
and all applicable codes, applicants are permitted to collocate small
wireless facilities on municipal poles. The Township will allow collocation
on municipal poles using the process required under Act 50 and applicable
codes unless:
(a)
The small wireless facility would cause structural or safety
deficiencies to the municipal pole, in which case the Township and
applicant shall work together for any make-ready work or modifications
or replacements that are needed to accommodate the small wireless
facility as otherwise required in this chapter; or
(b)
The Township has reserved the space on the municipal pole for
other public purposes.
(2)
The Township shall allow the collocation of small wireless facilities
to structures owned by the Township in the following preferred order,
from most to least preferable:
(3)
If the small wireless facility applicant is proposing the collocation
of a small wireless facility on a lower preference structure, it shall
be a condition to the approval of the application that the small wireless
facility applicant provide evidence that collocation on a higher preference
structure or wireless support structure owned by a third party is
not technically feasible. The cost of collocating on a higher preference
structure or wireless support structure shall not be included in evaluating
technical feasibility. Collocation of a small wireless facility on
a municipal pole shall not create or vest in any applicant, wireless
provider, or wireless service provider any ownership or property rights
in such municipal poles except as expressly provided for in this chapter
or pursuant to applicable law. This chapter shall not be construed
to require the Township to construct, retain, extend, place, or maintain
any municipal pole or other municipal facilities not needed for the
Township's own utility service requirements.
(4)
An applicant has no right to object to the Township granting permission
to any party regarding use of a municipal pole.
(5)
Where applicable, an applicant's collocation of a small wireless
facility on a municipal pole shall be placed and maintained at all
times in accordance with the requirements, specifications, rules and
regulations of the latest edition of the National Electrical Safety
Code and subsequent revisions thereof, any governing authority having
jurisdiction, this chapter, and any reasonable design standards and
rules governing pole attachments in the Township as the Township may
adopt from time-to-time, and shall be otherwise consistent with generally
accepted industry standards.
(a)
If requested by the Township, each small wireless facility collocated
on a municipal pole shall be identified at all times by an identifying
marker/band/tag stating the name of person holding the permit. The
marker/band/tag shall, at a minimum, (a) be reasonably durable under
the typical weather conditions in the area and (b) have coloring unique
to the person holding the permit. If the Township elects to require
marking/banding/tagging by the wireless permittee, the Township shall
provide the permittee information concerning the type and color of
marker/band/tag to be used in satisfying the requirements of this
section. Such markers/bands/tags shall also be capable of being read
unaided from the ground by an adult of typical height and vision.
C.
Insurance. Each permittee and any person who owns or operates a small
wireless facility shall annually provide the Township with a certificate
of insurance, in a form satisfactory to the Township Solicitor, evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the small wireless facility and naming the
Township as an additional insured on each insurance policy. All permits
issued for location of a small wireless facility pursuant to this
chapter shall be deemed to be revoked in the event said insurance
policy is cancelled, expires, or ceases to exist.
D.
Outdated equipment. As part of the construction, modification, or
replacement of a small wireless facility, the permittee shall remove
any obsolete or abandoned equipment from the wireless support structure
or utility pole.
E.
Weather. All small wireless facilities shall be designed to withstand
the effects of wind, ice, water, and heat to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard applicable to the structure.
F.
Inspection reports. All permittees shall submit inspection reports
to the Township upon request to ensure structural integrity and compliance
with all applicable codes. Inspection reports shall be delivered to
the Township by the permittee within 30 days of request by the Township.
These inspection reports may include, but are not limited to, descriptions
of routine maintenance or repair work, and descriptions of the physical
degradation of a small wireless facility.
G.
Maintenance. The following maintenance requirements shall apply:
(1)
All small wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance, repair,
or replacement.
(2)
Such maintenance shall be performed to ensure the upkeep of the small
wireless facility, to promote the health, safety, and general welfare
of the Township's residents, and to remain compliant with all
applicable codes.
(3)
All maintenance activities shall utilize nothing less than the best
available technology in accordance with the applicable standard in
the industry for preventing failures and accidents. Maintenance logs
shall be timely provided to the Township upon request.
H.
Historic Districts. No small wireless facility may be located within
75 feet of any property, or on a building or structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
or eligible to be so listed under the Pennsylvania Historic District
Act, located within a Historic District, or is included in the official
historic structures list maintained by the Township.
A.
Process.
(1)
If use of a small wireless facility and/or its dedicated accessory
equipment is to be discontinued, the permittee shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. A small wireless facility and/or
dedicated accessory equipment not operated for a period of 12 months
shall be considered abandoned. Discontinued or abandoned small wireless
facilities, or portions of small wireless facilities, shall be removed
as follows.
(a)
All abandoned or unused small wireless facilities and accessory
equipment shall be removed within 90 days of the cessation of operations
at the site or receipt of notice that the small wireless facility
has been deemed abandoned by the Township unless a time extension
is approved by the Township.
(b)
If the small wireless facility or accessory equipment is not
removed within 90 days of the cessation of operations at a site, or
within any longer period approved by the Township, the small wireless
facility and/or associated facilities and equipment may be removed
by the Township and the cost of removal assessed against the owner
of the small wireless facility regardless of the owner's or operator's
intent to operate the small wireless facility in the future.
(c)
The Township reserves the right to pursue all available remedies
under the law to ensure removal of the small wireless facility and
restoration of the site at the expense of the permittee. Any delay
by the Township in taking action shall not invalidate the Township's
right to take action.
(2)
With respect to a small wireless facility collocated on a municipal
pole, the Township may abandon a municipal pole upon 30 days'
notice to the permittee. Permittee must remove or transfer all facilities
from abandoned municipal poles within the same 30 days unless granted
additional time by the Township. The Township will not unreasonably
withhold consent of such request for additional time. The permittee
shall post a decommissioning bond in the amount of 100% of the total
cost of decommissioning with the Township. If the Township has no
attachment(s) on said municipal poles and the permittee has not removed
or transferred its facilities therefrom, the Township may, in its
sole discretion: (1) revoke the permit for that municipal pole; or
(2) remove the small wireless facilities at the permit holder's
expense, with no liability falling on the Township except in the case
of gross negligence or willful misconduct.
B.
Required discontinuance.
(1)
The Township may require the discontinuance of a small wireless facility
if:
(2)
Within 90 days of receipt of a notice of discontinuance from the
Township, the permittee shall remove the small wireless facility and
any accessory equipment, including the utility pole and any wireless
support structures if the permittee's small wireless facilities
and accessory equipment are the only wireless facilities on the utility
pole. The Township shall not be liable to the permittee or applicant
as a result of requiring the discontinuance of a small wireless facility
in the event that an applicant or permittee is prevented from placing
and/or maintaining its small wireless facility pursuant to this section.
A.
Each person that owns or operates a small wireless facility shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the small wireless facility. Each person that owns or operates
a small wireless facility, or holds a permit issued pursuant to this
chapter, shall defend any actions or proceedings against the Township
in which it is claimed that personal injury, including death, or property
damage was caused by the permitting, construction, installation, operation,
maintenance, and/or removal of a small-wireless facility. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, verdicts, injuries, liabilities,
damages, reasonable attorneys' fees, reasonable expert fees,
court costs and all other costs of indemnification.
B.
Further, a permittee shall repair all damage to the right-of-way
or any other land so disturbed, directly caused by the activities
of the permittee or the permittee's contractors and return the
right-of-way in as good of condition as it existed prior to any work
being done in the right-of-way by the permittee. If the permittee
fails to make the repairs required by the Township within 30 days
after written notice, the Township may perform those repairs and charge
the permittee the reasonable, documented cost of the repairs plus
a penalty of $500. In the event an applicant or permittee has failed
to pay any costs invoiced by the Township for repair work or penalties
charged pursuant to this section, the Township shall not process any
further applications unless or until the applicant or permittee has
paid the amount assessed for the repair costs and the assessed penalty.
Any unpaid invoice shall be subject to interest accruing on the unpaid
amount at 6% per annum beginning on the 31st day from the date of
invoice until paid.
A.
All wireless permits under this chapter are issued subject to the
following minimum conditions:
(1)
The permittee shall at all times maintain compliance with this chapter
and all applicable codes.
(2)
The permittee shall at all times maintain with the Township accurate
contact information for the permittee and all wireless service providers
making use of the small wireless facility, which shall include, at
minimum, a name, phone number, mailing address, and email address
for at least one natural person.
(3)
The Township shall have the right to support, repair, disable, or
remove any components of a small wireless facility if the small wireless
facility threatens imminent harm to persons or property.
(4)
The permittee shall undertake all reasonable efforts to avoid undue
adverse impacts to adjacent persons, properties and/or uses that may
arise from the construction, operation, maintenance, modification,
or removal of the small wireless facility.
(5)
The permittee shall maintain all small wireless facilities and any
associated structures in a good condition and in a neat and clean
manner in accordance with all approved application documents and conditions
of approval.
(6)
The permittee shall retain full and complete copies of all permits,
applications, and other regulatory approvals issued in connection
with the facility, which includes without limitation all conditions
of approval, approved plans, resolutions, and other documentation
associated with the permit or regulatory approval. In the event the
Township cannot locate any such full and complete permits, applications,
or other regulatory approvals in its own official records, and the
permittee fails to retain full and complete records in the permittee's
files, any ambiguities or uncertainties that would be resolved through
an examination of the missing documents will be presumed resolved
against the permittee.
(7)
Every small wireless facility shall at all times comply with applicable
FCC regulations governing radio frequency emissions, and failure to
comply with such regulations shall be treated as a material violation
of the terms of the permit.
(8)
Make-ready work. For any municipal pole collocation application,
the Township shall provide a good faith estimate for any make-ready
work, including any make-ready engineering costs, necessary to enable
a municipal pole to support the requested collocation by a wireless
provider, including pole replacement, if necessary, within 60 days
after receipt of a complete application. The Township shall also provide
the applicant with a schedule for completing any make-ready work.
Make-ready work, including pole replacement, shall be completed within
60 days of written acceptance of the good faith estimate by the applicant.
Any unpaid invoice sent by the Township to an applicant for fees for
make-ready work shall be subject to interest accruing on the unpaid
amount at 18% per annum beginning on the 31st day from the date of
invoice until paid.
(9)
Future use. The Township may reserve space on an existing municipal
pole for future public uses in a documented and approved plan as adopted
at the time an application is filed. A reservation of space shall
not preclude collocation, the replacement of an existing utility pole
or the installation of a new utility pole. If the replacement of a
municipal pole is necessary to accommodate collocation and the reserved
future use, the wireless provider shall pay for the replacement municipal
pole and the municipal pole shall accommodate the future use.
(10)
An applicant or the applicant's designee shall ensure that
a contractor or subcontractor performing construction, reconstruction,
demolition, repair, or maintenance work on a small wireless facility
deployed under this chapter meets and attests to all of the following
requirements:
(a)
Maintain all valid licenses, registrations or certificates required
by the Federal Government, the commonwealth or the applicable local
government entity that is necessary to do business or perform applicable
work.
(b)
Maintain compliance with the act of June 2, 1915 (P.L. 736,
No. 338), known as the Workers' Compensation Act, the act of
December 5, 1936 (2nd Sp. Sess., 1937 P.L. 2897, No. 1), known as
the Unemployment Compensation Law, and bonding and liability insurance
requirements as specified in the contract for the project.
(c)
Has not defaulted on a project or been suspended on a project
by the Federal Government, the commonwealth, or a local government
entity within the previous three years.
(d)
Has not been convicted of a misdemeanor or felony relating to
the performance or operation of the business of the contractor or
subcontractor within the previous 10 years.
(e)
Has completed the United States Occupational Safety and Health
Administration's ten-hour safety training course or similar training
sufficient to prepare workers for any hazards that may be encountered
during their work on the small wireless facility.
(f)
Prior to the commencement of work, the contractor and/or subcontractor
shall provide the Township with a certificate of insurance, in a form
satisfactory to the Township Solicitor, evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering the small wireless facility and naming the Township as an
additional insured on each insurance policy. All permits issued for
location of a small wireless facility pursuant to this chapter shall
be deemed to be revoked in the event said insurance policy is cancelled,
expires, or ceases to exist.
(g)
The contractor and/or subcontractor shall, at its sole cost
and expense, indemnify, defend and hold harmless the Township, its
elected and appointed officials, employees and agents, at all times
against any and all claims for personal injury, including death, and
property damage arising in whole or in part from, caused by or connected
with any act or omission of the contractor and/or subcontractor, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the small wireless facility. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, verdicts, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs
and all other costs of indemnification.
(11)
A permit issued pursuant to this chapter shall not be assigned
or otherwise transferred without the prior written approval of the
Township.
(12)
Approval of an application shall authorize the applicant to,
subject to the permit requirements and the applicant's right
to terminate at any time, operate and maintain small wireless facilities
and any accessory equipment on a utility pole covered by the permit
for a period of not less than five years, which shall be renewed for
two additional five-year periods if the applicant is in compliance
with the criteria set forth in Act 50 or applicable codes consistent
with Act 50 and the applicant has obtained all necessary consent from
the utility pole owner.
The Township may revoke a wireless permit for failure to comply
with the conditions of the permit or applicable codes after providing
adequate notice to the permittee and allowing the permittee an opportunity
to cure any noncompliance. Within 60 days of suspension or revocation
of a permit due to noncompliance with Act 50 or other applicable codes,
the applicant shall remove the small wireless facility and any accessory
equipment, including the utility pole and any wireless support structures
if the applicant's small wireless facilities and accessory equipment
are the only wireless facilities on the utility pole. Within 90 days
of the end of a permit term or an extension of the permit term, the
applicant shall remove the small wireless facility and any accessory
equipment, including the utility pole and any wireless support structures
if the applicant's small wireless facilities and accessory equipment
are the only wireless facilities on the utility pole.
If a permittee removes or relocates a small wireless facility
from the right-of-way under this chapter, the permittee must restore
the right-of-way to its prior condition in accordance with Township
specifications. If the permittee fails to make the restorations required
by this chapter, the Township at its option may do such work. In that
event, the permittee shall pay to the Township, within 30 days of
billing thereof, all costs and expenses incurred by the Township in
restoring the right-of-way. Any unpaid invoice shall be subject to
interest accruing on the unpaid amount at 18% per annum beginning
on the 31st day from the date of invoice until paid.
A.
Any person who has violated the provisions of this chapter, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $600 plus all
court costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. 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 that a violation
continues shall constitute a separate violation.
B.
Nothing herein contained shall prevent the Township from taking such
other lawful action as is necessary to prevent or remedy any violation.
