[HISTORY: Adopted by the Council of the Municipality of Murrysville 8-5-2020 by Ord. No. 1026-20. Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as the "Public Right-of-Way
Ordinance."
B.
The Intent of this chapter is to be in conformance with applicable
state and federal laws, amend all applicable provisions of the Murrysville
ordinances and existing local laws relating to the subject matter
of this chapter; and to apply the provisions of this chapter only
to activities of facilities within the public right-of-way.
As used in this chapter, the following terms shall have the
meanings indicated:
Ministerial review of an application by the Municipality
relating to the review and issuance of a permit, including review
by the planning staff to determine whether the issuance of a permit
is in conformity with the applicable provisions of this chapter. This
process does not involve the exercise of discretion: either the issuance
of a permit is in conformity with the applicable provisions of this
chapter or it is not. This process is not subject to a public hearing.
Communications equipment that transmits and/or receives electromagnetic
radio signals used in the provision of all wireless communications.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted as the Uniform Construction Code pursuant
to the Construction Code Act[1] to the extent such codes have been adopted by the Municipality
or local amendments to those codes enacted solely to address imminent
threats of destruction of property or injury to persons.
A wireless communications company or infrastructure providers
that submits an application.
A request submitted by an applicant to the Municipality under
this chapter.
The mounting or installation of transmission equipment on
an existing utility pole or other suitable structure for communication
purposes.
A cable operator, as defined in 47 U.S.C. § 522(5),
a provider of information service, as defined in 47 U.S.C. § 153(24),
a telecommunications carrier as defined in 47 U.S.C. § 153(51),
or a network provider.
A utility pole that is specially designed and placed for
aesthetic purposes.
The generally applicable objective aesthetic and safety requirements
that the Municipality imposes on a nondiscriminatory basis upon infrastructure
in a public right-of-way, including Americans with Disabilities Act
Accessibility Guidelines (ADAAG) standards adopted by the Municipality,
and public rights-of-way Accessibility Guidelines (PROWAG) if adopted
by the Municipality to achieve compliance with the Americans with
Disabilities Act. This includes adherence to applicable safety requirements
established by the Municipality, as not to obstruct or hinder pedestrian
or vehicular travel.
Review of an application by the Municipality relating to
the review and issuance of a permit, that is other than an administrative
review. Discretionary review involves discretion on the part of the
Municipality (subject to any applicable limits on such discretion)
In determining whether to issue a permit and may be subject to one
or more public hearings or meetings.
Has the same meaning as an eligible facilities request as
set forth in 47 C.F.R. § 1.40001(b)(3), as may be amended
from time to time.
Any small wireless facility or non-wireless utility facility.
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
Administrative review permits applied on a competitively
neutral basis to any work done in the Municipality or in the public
right-of-way, as applicable. Generally applicable permits include,
without limitation, electrical permits, building permits, street opening
permits, or traffic and lane closure permits.
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 in accordance with section VI.D.1.a.l-v of the Nationwide
Programmatic Agreement for Review Regarding the Section 106 National
Historic Preservation Act Review Process (47 CFR Pt. 1, App. C); marked
as a historical site by the Pennsylvania Historical and Museum Commission
pursuant to 37 Pa.C.S.(relating to historical and museums); or within
a Historic District created pursuant to the act of June 13, 1961 (P.L.
282, No. 167),[2] entitled "An act authorizing counties, cities, boroughs,
incorporated towns and townships to create Historic Districts within
their geographic boundaries; providing for the appointment of Boards
of Historical Architectural Review; empowering governing bodies of
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."
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
A small wireless facility that does not exceed six cubic
feet in total volume, excluding exterior antennas, and all exterior
antennas do not exceed 2.5 cubic feet in total volume.
The improvement, upgrade or replacement of a facility or
utility pole.
The Municipality of Murrysville.
A utility pole owned, managed, or operated by or on behalf
of the Municipality (to include light poles, light standards, traffic
signals).
A wireless infrastructure provider or a wireless services
provider.
Any aboveground public utility facilities in the public right-of-way
other than a wireless facility, including for the provision of electric,
telecommunications, cable or broadband services.
With respect to a wireless facility and/or the associated
support structure, or utility pole, inspections, testing, repair and
modifications that maintain functional capacity, aesthetic and structural
integrity, and with respect to a wireless facility only, the replacement
of antennas and/or other components of the wireless facility, with
antennas and other components substantially similar, in color, aggregate
size and other aesthetics to that previously permitted by the Municipality
(and/or consistent with the same height an volume limits for wireless
facilities under this chapter), so long as the support structure or
utility pole will structurally support, or prior to installation will
be modified to support, the structural load. Modifications are limited
to the structural load analysis supplied by the applicant to the Municipality,
and by the volume limits in the definition of "small wireless facilities."
Modifications beyond the foregoing must be requested in writing by
the applicant and may be subject to discretionary approval by the
Municipality.
A written authorization (in electronic or hard copy format)
required by the Municipality.
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization.
The area on, below, or above privately owned property that
has been designated for use as or is used for a specific utility purposes
(such as for electric, cable, telecommunications or other utility
purpose), and is evidenced by a recorded instrument in the public
land records pursuant to a recorded plat, easement or right-of-way
or is otherwise a legally enforceable easement, and does not include
any portion of a public right-of-way.
The space, in, upon, above, along, across, and over all public
streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts,
bridges, skywalks under the control of the Municipality, and any unrestricted
public easement established, dedicated, platted, improved, or devoted
for utility purposes and accepted as such public utility easement
by the Municipality, but excluding any right-of-way under control
of any federal, state or municipal authority other than Municipality.
Has the meaning set forth in 66 Pa. Const. Stat. § 102.
A recurring charge.
Has the same meaning as small wireless facility as set forth
in 47 CFR § 1 1312(e)(2) are facilities that meet each of
the following conditions.
The facilities:
Are mounted on structures 50 feet or less in height including their antennas as defined in § 217-2; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
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.
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 217-2, is no more than three cubic feet in volume.
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.
The facilities do not require antenna structure registration
with the FCC.
The facilities are not located on Tribal lands as per 36 CFR
800.16(4).
By virtue of engineering or spectrum usage, the proposed
facility or its design or site location can be implemented without
a reduction in the functionality.
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 horizontal structures to which signal lights
or other traffic control devices are attached.
The equipment and network components, including antennas,
transmitters and receivers and associated ancillary equipment installed
and operated by a network provider at a single location. The term
does not include the structure, on, under, or within which the equipment
is collocated; or coaxial, fiber-optic or other cabling that is between
communications facilities or poles or that is otherwise not immediately
adjacent to or directly associated with a particular antenna. A small
wireless facility is one example of a wireless facility.
Any wireless services including, without limitation. Personal
wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i),
whether at a fixed location or mobile, provided to the public using
wireless facilities.
A.
Fees and rates. All fees and rates shall be established from time
to time by resolution of the Council for the Municipality subject
to the following limitations:
(1)
Application fee, shall be $500 which shall include up to five small
cell facilities with an additional $200 for each small cell facility
beyond five.
(2)
Make-ready fee, determined on a site-specific, engineering basis,
for work reasonably necessary to make a particular Municipality-owned
pole suitable for attachment of the applicable small wireless facility
shall be paid upon submission of the application as more particularly
described in § 217-5H(1) below.
(3)
Annual right-of-way fee, including, but not limited to rental fees,
access fees, or site license fees for the initial deployment or continuing
presence of a small wireless facility in a public right-of-way shall
not exceed $270 per small wireless facility.
(4)
Generally applicable, nondiscriminatory fees, for deployment of a
facility or utility pole such as electrical permits, building permits,
street opening permits, or traffic and lane closure permits, shall
be paid by the applicant as required in the applicable provisions
of the Municipality's ordinances or fee resolution.
(5)
Annual attachment rate, the maximum annual rate for collocation of
a small wireless facility on a Municipality-owned utility pole is
$270 and shall be nondiscriminatory regardless of the services provided
by the applicant. The applicant may remove its facilities at any time
from the public right-of-way (including, without limitation, on an
Municipality-owned utility pole), upon not less than 30 days'
prior written notice to the Municipality and may cease paying to the
Municipality any applicable rate for such use, as of the date of actual
removal of the facilities, provided, however, that there shall be
no refund for fees previously paid in advance.
A.
Authorization: The following facilities are authorized within the
public right-of-way as a permitted use not subject to discretionary
review, and subject only to administrative review, issuance of a permit,
and compliance with this chapter. All other modifications or replacements
(including for wireless facilities in the public right-of-way exceeding
the small wireless facility size limitations) are subject to discretionary
review under the Zoning Ordinance.
(1)
Install, maintain, and modify small wireless on existing utility
poles.
(2)
Modification of a utility pole or replacement of a utility pole,
for collocation or modification of a small wireless facility that
qualifies as an eligible facilities request.
(3)
Construction of a new utility pole or replacement of a utility pole
that does not exceed the maximum height set forth in § 217-5C(1)(a)[1]
below.
(4)
Installation of new nonwireless utility facilities.
(5)
Collocation on other structures within the public right-of-way.
(6)
Any application for a facility that complies with the design guidelines.
(7)
Any other application that the Administrator deems appropriate for
administrative review.
B.
Permit required. No person shall place any small wireless facility,
new utility pole or replacement utility pole in the public right-of-way
without first filing an application and obtaining a permit therefor,
except as otherwise expressly provided in this chapter or applicable
laws.
C.
Permit exceptions. An application shall not be required for ordinary
maintenance (other than to the extent required for permits of general
applicability relating to lane closure and traffic safety considerations);
or the installation of a micro wireless facility on a cable strand
supported between utility poles.
D.
Pole replacements. In the event that any utility pole is replaced
with a new utility pole of identical height within three feet of an
existing pole for ordinary maintenance, no permits shall be required
provided that the pole owner shall notify the Municipality no later
than 15 days following the replacement; and all transfers shall be
completed and the previous pole removed within 180 days following
the notification.
E.
Undergrounding provisions. Applicants shall comply with the Municipality's
design guidelines for placing all electric, cable, and communications
facilities underground in certain designated portions of the public
right-of-way, provided that:
(1)
The Municipality required all electric, communications, and cable
facilities, other than Municipality-owned poles and attachments, to
be placed underground by a date certain that is three months prior
to the date on which the application is submitted;
(2)
The replacement of Municipality-owned poles in the designated area
in accordance with this chapter is not prohibited; and
(3)
Applicants may seek a waiver of the underground requirements for
the installation of a new utility pole to support small wireless facilities,
to be granted in a competitively neutral and non discriminatory manner.
F.
Effect of permit.
(1)
Authority granted; no property right or other interest created. A
permit from the Municipality authorizes an applicant to undertake
only certain activities in accordance with this chapter 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
public right-of-way.
(2)
Duration of permit. Approval of an application and issuance of a
permit authorizes an applicant to operate and facilities and utility
poles covered by the permit for as long as the facility remains in
active use and in compliance with all applicable laws.
(3)
Time limit for work. The proposed work for which a permit is granted
under this chapter shall be completed within one year of the permit
issuance date unless the Municipality and the applicant agree to extend
the period.
(4)
Standard of care. An occupant of the public right-of-way shall employ
due care during the installation and maintenance process, and comply
with all laws and applicable codes. All facilities in the public right-of-way
shall be kept and maintained in a safe and well-ordered condition,
and in good order and repair.
G.
Information updates. Any material change to information contained
in an application shall be submitted in writing to the Municipality
within 30 days after the change.
H.
Application fees. Unless otherwise provided by applicable laws, all
applications pursuant to this chapter shall be accompanied by the
required fees.
A.
Administrative review application requirements. Application for a
small wireless facility shall be made by a network provider and shall
contain the following:
(1)
The applicant's identifying information and certification by
the applicant that it agrees to pay applicable fees and rates, repair
damage, and comply with all nondiscriminatory and generally applicable
public right-of-way requirements and the contact information for the
party that will respond in the event of an emergency related to the
small wireless facility.
(2)
A site plan with a diagram or engineering drawing depicting the location
and design for installation of the small wireless facility with sufficient
detail for the Municipality to determine that the design of the installation
and any new utility pole or any replacement or modification of a utility
pole is consistent with applicable codes and design guidelines;
(3)
Identification of any third party upon whose utility pole the applicant
Intends to collocate and certification by the applicant that it has
sought approval from the third party; with any final permit being
conditional upon obtaining final approval;
(4)
The applicant's certification of compliance with surety bond,
Insurance, or Indemnification requirements Imposed generally on persons
permitted to construct facilities in the public right-of-way;
(5)
The applicant's self-certification that the filing and approval
of the application is required by the network provider to provide
additional capacity or coverage for wireless services.
(6)
When applying to install a new utility pole, the Municipality may
require the network provider to demonstrate that it cannot meet the
service reliability and functional objectives of the application by
collocating on an existing utility pole within 50 feet instead of
installing a new utility pole. The network provider's determination
shall be based on whether the network provider can meet the service
objectives of the application by collocating on an existing utility
pole or Municipality-owned pole on which:
B.
Review of applications.
(1)
An application shall be reviewed for conformance with the Municipality's
applicable ordinances. An applicant seeking to collocate, maintain
or modify a small wireless facility or Install a utility pole associated
with a small wireless facility, shall be granted a permit subject
to the following requirements:
(a)
The Municipality shall allow an applicant, at the applicant's
discretion to include up to 10 small wireless facilities within a
consolidated application. The Municipality's denial of any site
or sites within a consolidated application shall not affect other
sites submitted in the same consolidated application. The Municipality
shall grant a permit(s) for any and all sites in a consolidated application
that it does not otherwise deny, subject to the requirements of this
section. A single applicant may not submit more than one consolidated
or 10 single applications in a thirty-day period.
(b)
Within 10 business days of receiving an application, the Municipality
must determine and notify the applicant in writing if the application
is incomplete, and specifically identify the missing information.
The applicant shall not be obligated to process the application until
the applicant has corrected any deficiencies.
(c)
Except when extension of the review period is allowed by this
section, the Municipality must make its final decision to approve
or deny all small wireless facilities within an application within
60 days of receiving the complete application (either the initial
application date or the corrected application date if the Municipality
found the application to be incomplete).
(d)
Any application or any portion of an application that is not
approved or denied within 60 days is deemed approved, unless the sixty-day
period has been extended by mutual agreement of the Municipality and
the applicant. If the period has been extended, then the date on which
approval will be deemed to occur is also extended to the same date
of the applicable extension.
(e)
The timeframes for approval or denial of an application in this
section shall apply to all permits required for construction of the
facility, including generally applicable permits required for construction
of the facility or for the necessary provision and metering of electric
service for the facility and excavation for underground service connections
and any generally applicable permits.
(2)
Denial of application. The Municipality shall not deny an application
unless:
(a)
The applicant has failed to satisfy the requirements of this
chapter or has failed to comply with the design guidelines.
(b)
The granting of a permit would materially interfere 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; or
(c)
The applicant may cure the deficiencies identified by the Municipality
and resubmit the application within 30 days of the denial and shall
not be required to pay an additional application fee if the revised
application addresses all deficiencies listed in the denial. The Municipality
shall approve or deny the revised application within 30 days of the
application being resubmitted for review. The subsequent review of
the revised application will be limited to the specifically identified
missing or deficient information. If supplemental information is not
received within 30 days of the date on which notice of incompleteness
is sent by the Municipality, then the application may be denied and
a new application required. The Municipality and the applicant may
mutually agree to toll the sixty-day period.
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The Municipality must advise and applicant in writing in the
final decision document the basis for a denial, including specific
ordinance provisions or regulations on which the denial was based.
The applicant may appeal a final denial to Zoning Hearing Board.
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C.
Review of eligible facilities requests. Notwithstanding any other
provision of this chapter, the Municipality shall approve within 60
days and may not deny applications for eligible facilities requests
according to the procedures established under 47 C.F.R. 1.40001(c).
D.
Small wireless facilities and utility poles; maximum height; other
requirements.
(1)
Maximum height. Each small wireless facility shall be installed on
an existing utility pole or a new, modified or replacement utility
pole in the public right-of-way as a permitted use in accordance with
this section, subject to the following requirements:
(a)
The maximum permitted height of the facility, which shall include
the utility pole and small wireless facility, installed in the public
right-of-way shall not exceed the greater of:
(b)
Subject to the provisions of this chapter, a network provider shall have the right to collocate and install, modify or replace a utility pole that exceeds these height limits in a public right-of-way by including a height limit waiver request in the application. Height limit waivers shall be processed under § 217-5D and on a nondiscriminatory basis.
E.
Historic District. Except for facilities excluded from evaluation
for effects on historic properties under 47 C.F.R. § 1.1307(a)(4)
or any subsequently enacted similar regulations, the Municipality
may require reasonable, technically feasible, nondiscriminatory, and
technologically neutral design or concealment measures in a Historic
District, provided that they do not have the effect of prohibiting
any applicant's technology or substantially reducing the functionality
of the wireless facility, and the Municipality permits alternative
design or concealment measures that are reasonably similar.
Discretionary review requirements. Any application that does not qualify for administrative review pursuant to § 217-4 above shall be subject to discretionary review.
A.
Notice. Within 90 days following written notice from the Municipality,
a network provider or public utility shall, at its own expense, protect,
support, temporarily or permanently disconnect, remove, relocate,
change or alter the position of any facility within the public right-of-way
whenever the Municipality has determined that such action is reasonably
necessary for the construction, repair, maintenance, or installation
of any Municipality improvement in or upon, or the operations of the
Municipality in or upon, the public right-of-way.
B.
Emergency removal or relocation of facilities. The Municipality retains
the right and privilege to cut power to or move any facility located
within the public right-of-way of the Municipality, as the Municipality
may determine to be necessary, appropriate, or useful in response
to any public welfare or safety emergency. If circumstances permit,
the Municipality shall notify the facility owner and provide an opportunity
to move its own facilities prior to action by the Municipality and
in all cases shall notify the facility owner as promptly as reasonably
possible after taking action.
C.
Abandonment of facilities. A network provider or public utility shall
notify the Municipality of discontinuance of use of any facility and
shall remove such facility within 180 days after discontinuance.
A.
General applicability. The Municipality shall allow collocation of
small wireless facilities by an applicant on Municipality-owned poles
within a public right-of-way using the process required under this
chapter unless the small wireless facility would cause structural
or safety deficiencies to the Municipality-owned pole, in which case
the Municipality and the applicant shall work together for any make-ready
work or modifications or replacements that are needed to accommodate
the small wireless facility. All structures and facilities shall be
installed and maintained so as not to obstruct nor hinder travel or
public safety within the public right-of-way.
B.
Decorative poles. The Municipality reserves discretion to prohibit
collocation on a decorative pole, provided that it shall not enter
into an exclusive arrangement with any person for the right to collocate
on Municipality-owned poles. The Municipality and network provider
shall work cooperatively to determine whether the collocation can
occur if the network provider replaces the decorative pole in a manner
that shall conform to the design aesthetics of the decorative pole
being replaced.
C.
Make-ready. For any collocation on a Municipality-owned utility pole
in the public right-of-way, the Municipality shall provide a good
faith estimate for any make-ready work necessary to enable the Municipality-owned
utility pole to support the requested collocation, including replacement
of the utility pole if necessary, within 60 days after receipt of
a completed application requesting collocation to the Municipality-owned
utility pole. Make-ready work including any pole replacement shall
be completed within 120 days of written acceptance of the good faith
estimate by the provider. Such acceptance shall be signified by payment
via check or other commercially reasonable and customary means specified
by the Municipality.
(1)
The Municipality may require an applicant to replace an existing
Municipality-owned utility pole when collocating a small wireless
facility only if the Municipality demonstrates that the collocation
would make the Municipality pole structurally unsound.
(2)
The Municipality shall not require more make-ready work than required
to meet applicable codes or industry standards. Fees for make-ready
work on a replacement utility pole shall not include costs related
to preexisting or prior damage or noncompliance. Fees for make-ready
work, including replacement, shall not exceed actual costs or the
amount charged to other communications service providers for similar
work and shall not include any consultant fees or expenses that are
charged on a contingency basis.
D.
Maintenance, repair and replacement of Municipality-owned utility
poles.
(1)
Maintenance. From time to time, the Municipality may paint, recondition,
or otherwise improve or repair the Municipality-owned poles in a substantial
way ("maintenance work"). The network provider shall reasonably cooperate
with the Municipality to carry out maintenance work activities in
a manner that minimizes interference with the network provider's
approved use of the facility. Prior to commencing maintenance work,
the Municipality will use reasonable efforts to provide the network
provider with at least 120 days' prior written notice. Upon receiving
that notice, it shall be the network provider's sole responsibility
to provide adequate measures to cover, remove, or otherwise protect
the network provider's wireless facility from the consequences
of the maintenance work, including but not limited to paint and debris
fallout. The Municipality reserves the right to require the network
provider to remove all of the network provider's wireless facility
from the Municipality-owned pole and surrounding premises during maintenance
work, provided the requirement to remove same is contained in the
written notice required by this subsection. All cost associated with
the protection measures, including temporary removal, shall be the
sole responsibility of the network provider. If the Municipality fails
in good faith to give notice of less than 120 days' notice, it
will not affect the Municipality's rights under this subsection.
In all cases, as much notice as possible should be provided, but in
no case less than 30 days' notice shall be provided. The Municipality
will provide the network provider with a date by which its equipment
must be protected or removed. The provider may request a modification
of the Municipality procedures for carrying out maintenance work in
order to reduce the interference with provider's operation of
its wireless facility. If the Municipality agrees to the modification,
the provider shall be responsible for all reasonable incremental cost
related to the modification.
(2)
Repair. If the Municipality-owned poles need to be repaired due to
storm or other damage ("repair work"), the Municipality shall notify
the network provider to remove its facilities as soon as possible.
In the event of an emergency, the Municipality shall contact the network
provider by telephone at its emergency contact of record upon or prior
to removing the network provider's equipment. The Municipality
shall also promptly notify the network provider when the repaid work
has been completed so that the network provider may reinstall its
equipment. During Municipality repair work, the network provider may
maintain a temporary wireless facility on the property, or after approval
by the network provider, on any land owned or controlled by the Municipality
in the vicinity of the property. All cost associated with any removal
or protection of communications facilities shall be the sole responsibility
of the network provider, except to the extent caused by third parties
or the Municipality.
(3)
Replacement. If the Municipality-owned utility poles need to be replaced
("replacement work"), the Municipality shall provide network provider
with at least 120 days' written notice to remove its facilities.
The Municipality shall also promptly notify the network provider when
the replacement work has been completed so that the network provider
may reinstall its equipment. During the replacement work, the network
provider may maintain a temporary wireless facility on the property,
or after approval by the Municipality, on any land owned or controlled
by the Municipality, in the vicinity of the property. If the property
will not accommodate the network provider's temporary wireless
facility or if the parties cannot agree on a temporary location, the
network provider, at its sole option, shall have the right to suspend
the applicable permit, until the replacement utility pole is installed,
upon 30 days' written notice to the Municipality.
