A.
Certain terms that are defined and used in this Chapter 238 are unique to small wireless facilities and shall be interpreted in accordance herewith. In the event any definition herein conflicts with another term or definition found elsewhere in the Code of Ordinances of Perkiomen Township, the definition and usage set forth herein shall supersede and control with regard to the regulations set forth in this Chapter 238.
B.
For the purposes 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
Any of the following:
Uniform building, fire, electrical, plumbing, or mechanical
codes copyrighted and published by the International Code Council
("ICC") and subsequently adopted by the Township as part of the Pennsylvania
Uniform Construction Code, inclusive of any local amendments adopted
specifically by the Township.
Zoning, land use, streets and sidewalks, rights-of-way, and
permitting ordinances adopted by the Township as of the effective
date of this chapter and as may be amended from time to time by the
Township.
Includes, but is not limited to, any person, owner, and/or
their agent with an interest in a small wireless facility, or anyone
seeking a building permit, zoning approval, and/or permission to use
the public right-of-way or other public property for any small wireless
facility.
A request submitted by an applicant to the Township:
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 [P.L. 98-549, 47 U.S.C. § 522(7)].
To install, mount, maintain, modify, or replace small wireless
facilities on an existing utility pole or other small wireless support
structure as defined herein.
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.
Any of the following:
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984 [P.L. 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. 1065, 47 U.S.C. § 153(24)].
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [48 Stat. 1065, 47 U.S.C. § 153(51)].
A wireless provider.
A pole that is specially designed and placed for aesthetic
purposes by the Township or a community, neighborhood, or homeowners'
association.
A condition that:
The Federal Communications Commission.
A building that is, or a group 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
of Historic Places.
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
IV.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, Part 1, Appendix C (relating to Nationwide
Programmatic Agreement Regarding the Section 106 National Historic
Preservation Act Review Process).
Marked as an historical site by the Pennsylvania Historical
and Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical
sites and museums).
Within an historic district created pursuant to the act of June
13, 1961 (P.L. 282, No. 167, 53 P.S. § 8001 et seq.), 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 subdivision
to protect the distinctive historical character of these districts
and to regulate the erection, reconstruction, alternation, 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 herein or 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.
The act of July 31, 1968 (P.L. 805, No. 247), known as the
Pennsylvania Municipalities Planning Code, as amended.[1]
Any individual, corporation, company, association, firm,
partnership, limited liability company, or other entity established
pursuant to statutes of the Commonwealth of Pennsylvania. The term
does not include or apply to the Township.
The Pennsylvania Public Utilities Commission.
The replacement of an existing small wireless facility on any existing decorative pole, utility pole, Township pole, or similar wireless support structure subject to the requirements of this Chapter 238 for maintenance, repair, or technological advancement with equipment that is substantially similar in size, weight, and height as the existing small wireless facility and which does not substantially change the physical dimensions of any decorative pole, utility pole, Township pole, or similar wireless support structure.
The surface of, and the space above and below, any real property
in the Township in which the Township or Commonwealth of Pennsylvania
("commonwealth") has a regulatory interest, as such interests now
or hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, sidewalks, tunnels, bridges, or any other
public place, area or property under the control of the Township or
commonwealth, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township
or commonwealth. The phrase "in the right-of-way" means in, on, over,
along, above and/or under the right-of-way. The term does not include
a federal interstate highway.
A manual prepared by the Township and its professional consultants
establishing specific reasonable and nondiscriminatory design criteria
for small wireless facilities permitted pursuant to this chapter and
as may be adopted, amended, or otherwise revised from time to time
by resolution of the Board of Supervisors of the Township.
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 pursuant to this Subsection B of this definition.
A modification that substantially changes the physical dimensions
of small wireless facility or its wireless support structure if it
meets any of the following criteria:
For any decorative pole, utility pole, Township pole, or similar
wireless support structure, an increase in its height by more than
10%, provided the height is not increased more than the maximum height
provided in this chapter. Changes in height are measured from the
height originally approved at the time of the issuance of a permit
pursuant to this chapter.
The addition of any appurtenance to the body of the decorative
pole, utility pole, Township pole, or similar wireless support structure
that would protrude from its edge more than the 10% from the horizontal
dimensions originally approved at the time of the issuance of a permit
pursuant to this chapter.
The installation of additional equipment associated with the
small wireless facility not otherwise approved at the time of the
issuance of a permit pursuant to this chapter.
Any excavation, deployment, or installation beyond the footprint
of any existing small wireless facility permitted pursuant to this
chapter.
Any changes that would defeat the concealment elements for a
small wireless facility located in an historic district or on an historic
building.
Any change that does not comply with the terms of a permit issued
pursuant to this chapter.
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 Perkiomen, Montgomery County, Pennsylvania,
inclusive of its Board of Supervisors, agents, or employees.
A utility pole owned, managed, or operated by or on behalf
of the Township.
Any existing or future area or development within the Township
where cable facilities or utility facilities, as defined herein, have
been previously or are designed to be installed underground, whether
by the decision of the developer pursuant to the requirements of any
chapter of the Code of Ordinances of Perkiomen Township.
An interest in land owned by another that entitles its holder
to a specific and limited use. Examples of utility easements on property
may include, but are not limited to, the following: electric, gas,
propane, sewer, water, telephone, internet, and cable or satellite
television.
Buildings or other structures and equipment owned or operated
by a public utility, as defined in 66 Pa.C.S.A. § 102 (relating
to definitions), to provide service.
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 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.
The Act of October 24, 2012 (P.L. 1501, No. 191, 53 P.S.
§ 11702.1 et seq.).
As follows:
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in the Commonwealth of Pennsylvania
that builds or installs wireless communication transmission equipment,
wireless facilities, or wireless support structures, but is not a
wireless service provider.
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 who provides wireless services.
The term shall have the same meaning given to it in the Wireless
Broadband Collocation Act (P.L. 1501, No. 191, 53 P.S. § 11702.1
et seq.).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
