The following words and phrases, when used in this chapter,
shall have the following meanings given to them, unless the context
clearly indicates otherwise. Singular shall mean plural, plural shall
mean singular.
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provisions of all type of
wireless communications service.
APPLICABLE CODES
Any of the following: 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;
and local zoning, land use, streets and sidewalks, rights-of-way and
permitting ordinances that comply with this act.
APPLICANT
A telecommunications service provider that submits an application.
APPLICATION
A request submitted by an applicant to a municipality for
a permit to collocate small wireless facilities; or to approve the
installation, modification or replacement of a utility pole with small
wireless facilities attached.
CABLE FACILITY
Buildings, other structures and equipment used by the owner
or operator of a cable television system to provide service. As used
in this definition, the term "cable system" shall have the meaning
given to it in Section 602(6) of the Cable Communications Policy Act
of 1984 [Public Law 98-549, 47 U.S.C. § 522(7)].
COLLOCATION or COLLOCATE
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 of the following:
A.
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984;
B.
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)];
C.
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [47 U.S.C. § 1153(51)];
DECORATIVE POLE
A municipal pole that is specially designed and placed for
aesthetic purpose.
FCC
Federal Communications Commission.
HISTORIC DISTRICT OR BUILDING
A building or a group of buildings, properties or sites that
are:
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 (relating to nationwide
programmatic agreement regarding the Section 106 of the 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).
D.
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 with the
historic districts."
MICRO WIRELESS FACILITIES
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
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 Section 1.6100(b)(7) (relating to wireless facility
modifications), the physical dimension of the small wireless facility
or utility pole.
MUNICIPAL POLE
A utility pole owned, managed or operated by or on behalf
of the Township.
RIGHT-OF-WAY
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.
SMALL WIRELESS FACILITY
The equipment and network components, including antenna,
transmitters and receivers, used by a wireless provider that meeting
the following qualifications:
A.
Each antenna associated with the deployment is no more than
three cubic feet in volume.
B.
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 subsection.
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.
UTILITY FACILITY
Buildings, other structures and equipment owned or operated
by a public utility a defined in 66 Pa.C.S.A. § 102 (relating
to definitions) to provide service.
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 wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
WIRELESS FACILITY
As follows:
A.
Equipment at a fixed location that enables wireless service
between user equipment and a communications network, including any
of the following:
(1)
Equipment associated with wireless services.
(2)
Radio transceivers, antennas, coaxial or fiber-optic cables
that are not immediately adjacent to or directed associated with a
particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications services in this commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless service
provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Services, whether at a fixed location or mobile, using a
licensed or unlicensed spectrum, provided to the public using wireless
facilities.
WIRELESS SUPPORT STRUCTURE
The term shall have the same meaning given to it in the Act
of October 24, 2021 (P.L. 1501, No. 191), known as the "Wireless Broadband
Collocation Act."
Nothing in this chapter authorizes the collocation of small
wireless facilities on:
A. Property owned by a private party without the written consent of
the property owner;
B. Property owned or controlled by a unit of local government that is
not located within the public right-of-way without the written consent
of the unit of local government (local governments are, however, required
to authorize the collocation of small wireless facilities on utility
poles owned or controlled by the local government or located within
rights-of-way to the same extent the local government permits access
to utility poles for other commercial projects or uses);
C. A privately owned utility pole or wireless support structure, without
the consent of the property owner; or
D. Property owned, leased or controlled by a park district, farmland
or forest preserve district or conservation district for public park,
recreation or conservation purposes, without the consent of the affected
district.
All other ordinances, portions of ordinances, or any section
of the Code inconsistent with this chapter, are hereby repealed.
The provisions of this chapter are severable. If any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this chapter.
It is hereby declared to be the intent of the Township Board of Supervisors
that this chapter would have been adopted if such illegal, invalid
or unconstitutional section, clause, sentence or part of a provision
had not been included herein.
Nothing in this chapter or chapter shall be interpreted to relieve
any individual from compliance with all other ordinances, resolutions,
laws and regulations of the Township of Lower Makefield, of the County
of Bucks, of the Commonwealth of Pennsylvania, or of the United States.
This chapter shall be effective five days after enactment, as
provided by law.