With respect to small wireless facilities and associated utility
poles located within the right-of-way, these regulations are intended
to limit interference with the use of streets, sidewalks, alleys,
parkways, public utilities, public views, and certain corridors, public
ways and places; limit the creation of visual and physical obstructions
and other conditions that are hazardous to vehicular and pedestrian
traffic; limit interference with the other facilities and operations
of facilities lawfully located in rights-of-way or public property;
limit environmental damage, including damage to trees; respect the
character of the neighborhoods and other areas in which facilities
are installed; and facilitate rapid deployment of facilities to provide
the benefits of advanced wireless services to the Township and its
residents.
The following definitions shall apply within this article:
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
APPLICABLE CODES
All applicable 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.
APPLICANT
A communications service provider that submits an application.
APPLICATION
A request submitted by an applicant to a municipality:
A.
For a permit to co-locate small wireless facilities; or
B.
To approve the installation, modification or replacement of
a utility pole with small wireless facilities attached.
CO-LOCATE
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
COMMUNICATIONS FACILITY
A set of equipment and network components, including wires
and cables and associated facilities, used by a communications service
provider to provide a communications service.
COMMUNICATIONS SERVICE PROVIDER
Any:
A.
Cable operator as defined in § 602(4) of the Cable
Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)];
B.
Provider of information service as defined in § 3(20)
of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)];
C.
Telecommunications carrier as defined in § 3(44) of
the Communications Act of 1934 [47 U.S.C. § 153(51)]; or
EMERGENCY
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or caused or is likely
to cause facilities in the right-of-way to be unusable and result
in loss of the services provided.
FCC
The Federal Communications Commission of the United States.
HISTORIC DISTRICTS OR BUILDINGS
A building, property, or site, or collection thereof:
A.
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register;
B.
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);
C.
Marked as a historical site by the Pennsylvania Historical and
Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical
and museums); or
D.
Within a historical district created pursuant to the Historic
District Act, 53 P.S. § 8001 et seq.
LAW
Federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITY
A small wireless facility that:
A.
Does not exceed two cubic feet in volume; and
B.
Has an exterior antenna no longer than 11 inches.
MODIFICATION or MODIFY
An 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.
PERMIT
A written authorization of general applicability required
by the Township to perform an action or initiate, continue, or complete
a project.
PERSON
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization, including the
Township.
RIGHT-OF-WAY or ROW
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Township.
SMALL WIRELESS FACILITY
A wireless facility used by a wireless provider that meets
the following qualifications: 1) each antenna associated with the
deployment is no more than three cubic feet in volume; 2) 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 definition.
TECHNICALLY FEASIBLE
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.
TOWNSHIP
Newtown Township, Delaware County, Pennsylvania.
UTILITY POLE
A pole or similar structure used or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or co-location. 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.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including: 1)
equipment associated with wireless communications; and 2) radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include
the structure or improvements on, under, or within which the equipment
is co-located or the coaxial or fiber-optic cables that are not immediately
adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
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.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any services, whether at a fixed location or mobile, provided
to the public using wireless facilities.
WIRELESS SUPPORT STRUCTURE
The definition contained the Act of October 24, 2012 (P.L.
1501, No. 191), known as the Wireless Broadband Collocation Act is hereby adopted by reference.
This article supersedes all other Township ordinances or parts thereof in conflict herewith including but not limited to Chapter
172, Zoning. The co-location of a small wireless facility and the installation or modification of associated utility poles subject hereto are specifically exempted from zoning review.
For each small wireless facility or new utility pole with a
small wireless facility subject hereto, wireless providers shall pay
to the Township an annual rate, as set by the Township by resolution,
which shall not exceed the maximum allowable amount under the Small
Wireless Facilities Deployment Act.
A wireless provider shall repair all damage to the right-of-way
or any other land so disturbed directly caused by the activities of
the wireless provider or the wireless provider's contractors and always
return the right-of-way in as good of condition as it existed prior
to any work being done. If the wireless provider fails to make the
repairs required by the Township within 30 days after written notice,
the Township may perform those repairs and charge the wireless provider
the reasonable, documented cost of the repairs plus a penalty not
to exceed $500. The Township may also suspend the ability of an applicant
to receive a new permit from the Township until the applicant has
paid the amount assessed for the repair costs and the assessed penalty
or else deposited the amount assessed for the repair costs and the
assessed penalty in escrow pending an adjudication of the merits of
the dispute by a court of competent jurisdiction.