As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTRATIVE REVIEW
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.
ANTENNA
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.
APPLICABLE CODES
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted as the Uniform Construction Code pursuant
to the Construction Code Act 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.
APPLICANT
A wireless communications company or infrastructure providers
that submits an application.
APPLICATION
A request submitted by an applicant to the Municipality under
this chapter.
COLLOCATION or COLLOCATE
The mounting or installation of transmission equipment on
an existing utility pole or other suitable structure for communication
purposes.
COMMUNICATIONS SERVICE PROVIDER
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.
DECORATIVE POLE
A utility pole that is specially designed and placed for
aesthetic purposes.
DESIGN GUIDELINES
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.
DISCRETIONARY REVIEW
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.
ELIGIBLE FACILITIES REQUEST
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.
FACILITY
Any small wireless facility or non-wireless utility facility.
FEE
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
GENERALLY APPLICABLE PERMITS
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.
HISTORIC DISTRICT
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), 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."
LAWS
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITY
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.
MUNICIPALITY-OWNED POLE
A utility pole owned, managed, or operated by or on behalf
of the Municipality (to include light poles, light standards, traffic
signals).
NETWORK PROVIDER
A wireless infrastructure provider or a wireless services
provider.
NONWIRELESS UTILITY FACILITY
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.
ORDINARY MAINTENANCE
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.
PERMIT
A written authorization (in electronic or hard copy format)
required by the Municipality.
PERSON
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization.
PRIVATE EASEMENT
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.
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.
PUBLIC UTILITY
Has the meaning set forth in 66 Pa. Const. Stat. § 102.
SMALL WIRELESS FACILITY (also referred to as "Small Cells")
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.
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height including their antennas as defined in §
217-2; or
(2)
Are mounted on structures no more than 10% taller than other
adjacent structures; or
(3)
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.
B.
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.
C.
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.
D.
The facilities do not require antenna structure registration
with the FCC.
E.
The facilities are not located on Tribal lands as per 36 CFR
800.16(4).
TECHNICALLY FEASIBLE
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.
UTILITY POLE
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.
WIRELESS FACILITY
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.
WIRELESS SERVICES
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.
Discretionary review requirements. Any application that does not qualify for administrative review pursuant to §
217-4 above shall be subject to discretionary review.