Township of Perkiomen, PA Article III Use of Right-of-Way

§ 238-7 Use of right-of-way for small wireless facilities and new utility poles with small wireless facilities attached.

A. Applicability. The provisions of this section shall apply to the activities of a wireless provider deploying small wireless facilities or new utility poles with small wireless facilities attached thereto within the right-of-way in accordance with a permit issued pursuant to this chapter.

B. Use permitted by right. Use of the right-of-way for small wireless facilities or new utility poles with small wireless facilities attached shall be a use permitted by right in all zoning districts of the Township, except for underground districts as defined and discussed herein. Use of the right-of-way for small wireless facilities or new utility poles with small wireless facilities attached shall not be subject to discretionary zoning review, including conditional use or special exception approval requirements.

C. No exclusive use. The Township shall not enter into an exclusive arrangement with any person for the use of the right-of-way for:

(1) Co-location; or

(2) The installation, operation, modification, or replacement of utility poles with small wireless facilities attached.

D. Annual fees. The Township may assess annual fees for the use of the right-of-way in accordance with the following:

(1) Annual fees authorized pursuant to the SWF Deployment Act [P.L. 232, No. 50, 53 P.S. § 11704.3(c)] as provided on the Township's adopted fee schedule.

(2) A permit-specific, annual right-of-way fee that reasonably approximates the Township's costs to manage a small wireless facility deployed within the right-of-way pursuant to the provisions of the SWF Deployment Act [P.L. 232, No. 50, 53 P.S. § 11704.3(c)(1) through (3)].

E. Right of access.

(1) Under the provisions of this chapter, in accordance with applicable codes, with the permission of the owner of the utility pole or wireless support structure, and with the issuance of a permit from the Township pursuant to this chapter, a wireless provider shall have the right to perform the following within the right-of-way:

(a) Co-locate; or

(b) Replace an existing utility pole or install a new utility pole with a small wireless facility attached.

(2) Any wireless provider issued a permit to deploy a small wireless facility pursuant to this section shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Township or other utility facilities co-located on the utility pole or wireless support structure.

F. Size limits.

(1) Each new or modified small wireless facility installed in the right-of-way shall be installed on an existing utility pole or new utility pole, subject to the following:

(a) The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.

(b) If co-location on an existing utility pole cannot be achieved pursuant to § 238-8K of this chapter, a small wireless facility may be installed on a new or replacement utility pole. The maximum permitted height of the small wireless facility, which shall include the utility pole and the small wireless facility, shall not exceed 50 feet above existing ground level at the time of the application for a permit.

(2) Subject to the provisions of this chapter, a wireless provider may co-locate or install a new utility pole with a small wireless facility attached that exceeds these height limits by making application to the Board of Supervisors requesting relief from this provision pursuant to the provisions of § 238-11. Any such request for relief from the requirements of this section shall be subject to approval in accordance with the standards for modifications provided in § 238-11.

G. Underground districts.

(1) A wireless provider shall comply with Township requirements in areas designated by the Township as underground districts.

(2) A wireless provider may apply for a permit to install a small wireless facility on an existing decorative pole or Township pole in an underground district subject to compliance with the permitting requirements of this chapter.

(3) A wireless provider may seek a waiver for the installation of a new utility pole to support small wireless facilities within an underground district, subject to all of the following:

(a) The wireless provider submits, along with their application for a permit pursuant to this section, an application to the Board of Supervisors in substantial conformity with the requirements of § 238-11 seeking a waiver from the requirements of the underground district;

(b) The wireless provider provides demonstrative proof that co-location on an existing decorative pole or Township pole cannot be achieved in the applicable underground district;

(c) The wireless provider provides written approval from the owner of the property within the applicable underground district upon which the new utility pole will be located;

(d) The wireless provider's application for a permit pursuant to this chapter has been accepted as complete by the Township; and

(e) The wireless provider makes presentation of its application, including any support information thereof, at a hearing of the Board of Supervisors pursuant to § 238-11D.

H. Historic district or building. Except for facilities excluded from evaluation for effects on historic properties pursuant to 47 CFR 1.1307(a)(4) (relating to actions that may have a significant environmental effect, for which environmental assessments must be prepared), the Township may require reasonable and nondiscriminatory design or concealment measures for a permit to deploy small wireless facilities within an historic district or upon historic buildings within the Township. Any required design or concealment measures will not prohibit or interfere with a wireless provider's technology and will not be considered a part of the small wireless facility for the purposes of calculating any size or dimension limitations pursuant to this chapter.

I. Design standards. The following design standards apply to all small wireless facilities deployed within the right-of-way:

(1) Compliance with applicable regulations. All small wireless facilities shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, the National Electrical Safety Code, and the National Electrical Code. Any antenna and accessory equipment shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger any person or any property in the Township.

(2) Weather and the elements. All small wireless facilities shall be designed to withstand the effects of wind according to the standard designed by ANSI and as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIN/TIA-222-E Code, as amended).

(3) Small wireless facilities approved for deployment on existing decorative poles, Township poles, or utility poles shall be treated to match the existing design of the wireless support structure. Small wireless facilities shall be painted, or otherwise coated, to be visually compatible with the wireless support structure upon which they are mounted.

(4) Small Wireless Facilities Design Manual. The Township and its professional consultants may prepare, amend, and revise from time to time, by resolution of the Board of Supervisors, a Small Wireless Facilities Design Manual identifying specific design criteria applicable to small wireless facilities permitted pursuant to this chapter.

J. Maintenance standards. The following maintenance standards apply to all small wireless facilities deployed within the right-of-way:

(1) The small wireless facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(2) Such maintenance shall be performed to ensure the upkeep of the small wireless facility in order to promote the safety and security of the Township's residents.

(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

K. Modification standards. The following standards shall apply to the modification of all small wireless facilities deployed in the right-of-way:

(1) In order to upgrade, expand, replace, or repair any small wireless facility permitted pursuant to this chapter, a wireless provider must first obtain written approval from the Township, which approval will not be unreasonably granted, provided that such expansion, repair, replacement, or upgrade does not substantially change the small wireless facility originally permitted by the Township.

(2) Any material modification or substantial change to a permitted small wireless facility will require an application and approval of a new permit pursuant this chapter by the wireless provider.

L. Public safety communications. No small wireless facility shall interfere with public safety communications or the reception of broadband, television, radio, or other communications services enjoyed by the occupants of properties adjacent to, proximate to, or nearby the small wireless facility.

M. Aviation safety. All small wireless facilities shall comply with all applicable federal and state laws and regulations concerning aviation safety.

N. Radio frequency emissions. No small wireless facility may, by itself or in conjunction with any other wireless facility, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

O. Removal. In the event that the use of a small wireless facility is discontinued, the wireless provider issued the permit for same shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned small wireless facilities shall be removed as follows:

(1) Within 60 days of the cessation of operations by the wireless provider unless an extension of time for removal is approved in writing by the Township.

(2) If not removed within 60 days of the cessation of operations by the wireless provider, or within any extension period approved in writing by the Township, the small wireless facility may be removed by the Township and the cost of removal assessed against the wireless provider holding the permit for the unused or abandoned small wireless facility.

(3) The wireless provider shall provide a performance bond to secure the removal of any unused or abandoned small wireless facility not removed by the wireless provider within the time periods provided by this section.

P. Inspection. The Township reserves the right to inspect any small wireless facility to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township shall have the authority to enter the property upon which a small wireless facility is located at any time, upon reasonable notice to the wireless provider and the property owner, to ensure such compliance.

Q. Damage and repair. 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, their contractors, or agents, and shall return the right-of-way in as good a condition as it existed prior to any work being done in the right-of-way by the wireless provider. 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 suspend the ability of a wireless provider to apply for a new permit, or receive a permit for a pending application, from the Township until the wireless provider has paid the amount assessed by the Township for the repair costs and the assessed penalty. The Township may not suspend the ability of a wireless provider to receive a new permit, or receive a permit for a pending application, when the wireless provider has deposited the full amount of the assessed repair costs and assessed penalty in escrow pending an adjudication of the merits of a dispute over the repairs and penalty in a court of competent jurisdiction.

R. Communications services. The approval for the installation, placement, and maintenance or operation of a small wireless facility under this section shall not authorize the provision of any communications services without compliance with all applicable laws or the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities and their associated utility poles in the right-of-way.

§ 238-8 Permitting of small wireless facilities and new utility poles with small wireless facilities attached for deployment in right-of-way.

A. Applicability. The provisions of this section shall apply to the permitting by the Township of small wireless facilities by a wireless provider or the installation, modification, and replacement of utility poles with small wireless facilities attached by a wireless provider within the right-of-way.

B. Application review. An application under this section shall be reviewed by the Township's staff and its professional consultants for conformance with applicable zoning, subdivision and land development, building codes, design requirements, and any other applicable laws, codes, ordinances, or regulations governing the installation, maintenance, operation, and modification of small wireless facilities.

C. Permits. The provisions of this section apply to all applicants seeking a permit for the deployment of small wireless facilities or new utility poles with small wireless facilities attached within the right-of-way.

(1) An applicant must obtain the applicable zoning, construction, demolition, grading, highway occupancy, electrical, or other necessary permits from the Township to perform the following within the right-of-way:

(a) Co-locate, maintain, or modify small wireless facilities;

(b) Replace existing utility poles for co-location; or

(c) Install new utility poles with small wireless facilities attached.

(2) An applicant must demonstrate that the proposed small wireless facility or new utility pole with small wireless facilities attached is designed to comply with applicable laws, codes, ordinances, or regulations as follows:

(a) All permit applications shall provide documentation that includes the construction and engineering drawings, demonstrates compliance with applicable criteria under § 238-8F of this chapter, and all necessary consents or approvals from the owner of the utility pole.

(b) All permit applications shall include a certification that the filing of the applications by the wireless provider are required to provide additional capacity or coverage for wireless services.

(c) All permit applications shall include documentation showing compliance with the design guidelines under § 238-7I of this chapter.

D. Application fees. The Township shall charge fees for the review of permit application packages on a per-application basis as authorized pursuant to the SWF Deployment Act [P.L. 232, No. 50, 53 P.S. § 11704.3(c)], as provided on the Township's adopted fee schedule.

E. Application completeness review. Upon receipt of an application package from a wireless provider for deployment of small wireless facilities, the Township staff and its professional consultants will complete a review of the application package to determine whether the application package is complete. Within 10 business days of receiving the application package from the wireless provider, the Township will notify the wireless provider in writing whether the Township has determined the application package is incomplete. Such written notice shall specifically identify the missing information. Any deadlines for processing an application package shall not commence until the wireless provider has provided all information necessary for the Township to determine the application package is complete.

F. Processing a completed application. Following a determination by the Township that a wireless provider's application package for deployment of small wireless facilities is complete, the Township shall approve or deny the application package as follows:

(1) Within 60 days from the date an application package to co-locate small wireless facilities on an existing utility pole within the right-of-way was deemed complete by the Township; or

(2) Within 90 days from the date an application package to replace an existing utility pole or install a new utility pole with small wireless facilities attached was deemed complete by the Township.

(3) The application package processing deadlines included in Subsection F(1) and (2) above may be tolled by written agreement between the wireless provider and the Township.

G. Deemed approval. Any application package deemed complete by the Township and neither approved nor denied within the required time period described in Subsection F above shall be deemed approved. Any individual permit associated with a deemed approved application package shall also be deemed approved and shall be issued by the Township to the wireless provider within seven business days following the Township's receipt of a written request to issue said permit; provided, however, that the Township's delay in approving or denying the application package is not related to an issue of public safety.

H. Denial.

(1) The Township may deny an application package under this section if any of the following apply:

(a) The small wireless facility materially interferes with the safe operation of traffic control equipment, clear sight lines, or clear zones for transportation or pedestrians in compliance with the Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 328[1] or similar federal or state standards regarding pedestrian access or movement;

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

(b) The small wireless facility fails to comply with applicable zoning, subdivision and land development, building codes, or other applicable laws, codes, ordinances, or regulations;

(c) The small wireless facility fails to comply with the requirements specified under the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.); or

(d) The wireless provider fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.

(2) Within five days of the Township's denial of an application package, the Township shall provide a written denial to the wireless provider detailing the specific provisions of any applicable laws, codes, ordinances, rules, regulations, or other applicable standards upon which the denial of the application package was based; however, said written denial must be provided within the application package processing deadlines set forth in Subsection F above.

(3) The wireless provider may, within 30 days of receipt of the written denial, cure the deficiencies identified by the Township by resubmitting the application package. The wireless provider will not be required to pay an additional application package fee when resubmitting to cure the deficiencies of the original application package.

(4) The Township shall approve or deny the resubmitted application package within 30 days of the application package's resubmission; however, the Township's failure to approve or deny the resubmitted application package within said 30 days shall render the application package deemed approved and subject to the issuance of permits as set forth in Subsection G above.

(5) Any review of an application package resubmitted pursuant to Subsection H(3) above shall be limited to a review of the deficiencies contained in the written denial; provided, however, that all other aspects of the resubmitted application package remain unchanged from the original application package.

(6) If an application package resubmitted pursuant to Subsection H(3) above contains new information or addresses or changes other sections of the original application package that were not subject to the written denial, the Township shall have an additional 15 days to review the resubmitted application package and may charge an additional fee for said review.

I. Consolidated application packages and multiple individual applications from a single wireless provider. A wireless provider seeking to co-locate within the Township may submit a consolidated application for co-location of multiple small wireless facilities, subject to the following:

(1) The consolidated application package may not seek approval for more than 20 small wireless facilities.

(2) The Township's denial of an individual or multiple small wireless facilities in a consolidated application package shall not delay the processing of the remaining small wireless facilities included in the same consolidated application package.

(3) A single wireless provider may not submit more than one consolidated or 20 individual application packages to the Township in any thirty-day period. Should a single wireless provider submit more than one consolidated or 20 individual application packages within any forty-five-day period, the processing deadlines set forth in Subsection D above shall be extended by an additional 15 days to allow the Township to complete its completeness review of the application package.

(4) The following additional provisions shall apply to consolidated or multiple applications submitted by a single wireless provider:

(a) A single wireless provider shall not circumvent the consolidated or individual application package limits by requiring a third-party installation contractor to make application on behalf of that wireless provider, and any application by such a third-party contractor shall be, for the purposes of counting the number of small wireless facilities a single wireless provider has before the Township, counted as an application by the wireless provider.

(b) Any application package tolled pursuant to Subsection I(3) above or pursuant to Subsection E shall count towards the total number of applications included in a consolidated application package subsequently submitted by a wireless provider unless said tolled application package is withdrawn by the wireless provider.

(c) As the processing of nontolled application packages is completed, the Township will process tolled application packages in the order in which the tolled application packages were submitted unless the wireless provider specifies in writing a different processing order preferred by the wireless provider.

J. Time limitations for completing work. The installation or modification of a small wireless facility on an existing utility pole, the replacement of an existing utility pole with a small wireless facility attached, or the installation of a new utility pole with small wireless facilities attached for which permits are granted by the Township under this section shall be completed within one year of the permit issuance date unless the Township and wireless provider agree in writing to extend the period.

K. Utility poles. When making application to install a new utility pole under this section, the Township may require the wireless provider to demonstrate that it cannot meet the service reliability and functional objections of the application by co-locating on an existing utility pole, Township pole, or decorative pole rather than installing a new utility pole. The Township may require the wireless provider to provide written certification that the wireless provider has made such a determination in good faith and to provide a documented summary of the basis for that determination. The wireless provider's determination shall be based on whether the wireless provider can meet the service objectives of the application by co-locating on an existing utility pole, Township pole, or decorative pole on which:

(1) The wireless provider has the right to co-location;

(2) The co-location is technically feasible and would not impose substantial additional cost to the wireless provider; and

(3) The co-location would not obstruct or hinder travel or have a negative impact on public safety.

L. Approval. Approval of an application package authorizes the wireless provider to:

(1) Co-locate on an existing utility pole, modify or replace an existing utility pole with a small wireless facility attached, or install a new utility pole with small wireless facilities attached as identified in the initial application package; and

(2) Subject to the permit requirements and the wireless provider's right to terminate at any time, operate and maintain the small wireless facilities and any associated equipment on a utility pole covered by the permit for a term of not less than five years, which term shall be renewed for two additional five-year terms if the wireless provider maintains compliance with the criteria set forth in the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.), any applicable laws, codes, regulations, or Township ordinances, and the wireless provider continues to have the consent of the utility pole and property owners.

M. Removal of small wireless facilities. A wireless provider shall remove any small wireless facilities in the event of the occurrence of any of the following:

(1) Within 60 days of suspension or revocation of a permit for a small wireless facility due to noncompliance with the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.), any applicable laws, codes, regulations, or Township ordinances, and/or the failure to maintain the consent of the utility pole or property owner, the wireless provider shall remove the small wireless facility and any associated equipment, including the utility pole and any Wireless Support Structures should the small wireless facility be the only facility on the utility pole, after receiving adequate notice from the Township and a reasonable opportunity to cure any noncompliance.

(2) Within 90 days following the expiration of a permit term, or an extension of a permit term, as described in Subsection L, the wireless provider shall remove the small wireless facility and any associated equipment, including the utility pole and any Wireless Support Structures should the small wireless facility be the only facility on the utility pole, after receiving adequate notice from the Township and a reasonable opportunity to cure any noncompliance.

(3) The wireless provider shall post a performance bond equal to 100% of the total cost of the decommissioning and removal of a small wireless facility not removed in accordance with the requirements of this chapter. The amount of such performance bond shall be reasonably calculated by the Township and its professionals at the time of the application to install a small wireless facility or a new utility pole, Township pole, or decorative pole with small wireless facilities attached.

N. Work not requiring application.

(1) An application is not required from the Township for the following work:

(a) Routine maintenance or repair work on an existing, permitted small wireless facility.

(b) The replacement of an existing, permitted small wireless facility with a small wireless facility that is substantially similar to, the same size as, or smaller than the existing small wireless facility; provided, however, that the replacement small wireless facility still qualifies as a small wireless facility as defined herein.

(c) The installation, placement, maintenance, operation, or replacement of micro wireless facilities, as defined herein, that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, provided that such installation, placement, maintenance, operation, or replacement complies with the National Electrical Safety Code.

(2) The Township may require permits to perform work within the right-of-way for the activities described under Subsection N(1) above or Subsection C, if that work involves excavation, closure of a sidewalk, or closure of a vehicular lane when that work occurs after the completion of the original installation of the small wireless facility. Any permits required pursuant to this Subsection N(2) shall be subject to the requirements of the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.), any applicable laws, codes, regulations, or Township ordinances, and the continued consent of the utility pole and property owners.

§ 238-9 Additional requirements for small wireless facilities co-located on Township poles or decorative poles.

A. Exclusive use prohibited. The Township shall not enter into an exclusive arrangement with any person for the right to co-locate on any Township or decorative poles.

B. Co-location. The Township will permit a wireless provider to co-locate a small wireless facility on a Township pole or decorative pole in accordance with all of the following:

(1) Approval by the Township of an application package in accordance with the permitting procedures set forth in § 238-7 et seq.;

(2) The co-location will not cause structural or safety deficiencies to the Township pole or decorative pole, in which case the wireless provider and the Township shall negotiate an agreement for any make-ready work, including modifications or replacements, necessary to accommodate the small wireless facility on the Township pole or decorative pole; and

(3) The co-location shall be installed and maintained so as not to obstruct or hinder travel or public safety within the right-of-way.

C. Fees. Subject to the provisions of the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.), the Township shall not charge a wireless provider an annual fee to co-locate small wireless facilities on Township poles or decorative poles.

D. Implementation and make-ready work. Where make-ready work, including modifications or replacements, is necessary to implement co-location of a small wireless facility on a Township pole or decorative pole within the right-of-way, the Township and the wireless provider shall negotiate an agreement, subject to the following:

(1) The rates, fees, and terms and conditions for any make-ready work to co-locate on a Township pole or decorative pole shall be nondiscriminatory, competitively neutral, commercially reasonable, and in compliance with the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.).

(2) The Township shall provide a good-faith estimate for any make-ready work necessary to enable the Township pole or decorative pole to support the small wireless facility, including replacement of the Township pole or decorative pole if necessary, within 60 days after the receipt of a complete application package from the wireless provider.

(3) Make-ready work, including replacement of the Township pole or decorative pole, shall be completed by the wireless provider within 60 days of written acceptance of the good-faith estimate by the wireless provider.

(4) The Township will require replacement of the Township pole or decorative pole only if the Township demonstrates that the co-location of the small wireless facility would make the Township pole or decorative pole structurally unsound.

(5) The Township will not require more make-ready work than is required to meet applicable codes or industry standards.

(6) Fees for make-ready work on a Township pole or decorative pole will not include costs related to damage existing prior to the date a complete application package is submitted to the Township.

(7) Fees for make-ready work on a Township pole or decorative pole, including the replacement of same, will not exceed the actual costs or amounts charged to other similarly situated communications service providers for similar work and shall not include any professional fees or expenses that are charged on a contingent fee basis.

E. Future use. The Township may reserve future space on an existing Township pole or decorative pole for public safety or transportation uses, subject to the following:

(1) The public safety or transportation uses are part of an approved plan as adopted by the Township at the time a complete application package is submitted to the Township by the wireless provider.

(2) A reservation of space by the Township will not preclude the co-location on, the replacement of an existing, or the installation of a new utility pole for a small wireless facility.

(3) If the replacement of a Township pole or decorative pole is required to accommodate both co-location and the reserved future use, the wireless provider shall pay for the replacement of the Township pole or decorative pole, and the Township pole or decorative pole shall accommodate the future use.

§ 238-10 General provisions for small wireless facilities located in right-of-way.

A. Existing agreements. Any existing agreements between a wireless provider and the Township that are in effect as of the effective date of the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.) shall remain in effect, subject to any termination provisions in those agreements. When an application package is submitted after the effective date of this chapter, a wireless provider may elect to have the rates, fees, and terms and conditions established under the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.) apply to the small wireless facility approved pursuant to that application package.

B. Agreements. This chapter shall not be interpreted to require a wireless provider to enter into an agreement with the Township to implement the provisions of the SWF Deployment Act (P.L. 232, No. 50, 53 P.S. § 11704.1 et seq.). Notwithstanding the foregoing, nothing in this chapter shall prohibit the Township from entering into an agreement with a wireless provider to implement said provisions, provided the agreement is nondiscriminatory and voluntarily entered.

C. Indemnification. Except for a wireless provider with an existing agreement with the Township to occupy and operate in a right-of-way, a wireless provider shall fully indemnify and hold the Township, its Board of Supervisors, elected or appointed officials, officers, employees, and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses, or fees or any other damages caused by the act, error, or omission of the wireless provider or its officers, agents, employees, directors, contractors, or subcontractors while installing, repairing, or maintaining small wireless facilities or utility poles within the right-of-way. A wireless provider shall not be required to indemnify for an act of negligence or willful misconduct by the Township, its elected and appointed officials, employees, or agents.

D. Limitation of liability. Notwithstanding the provisions of this chapter, the Township shall not be liable to any applicant as a result of accepting an application or issuing a permit in the event that an applicant is prevented from placing and/or maintaining its small wireless facility pursuant to this chapter by circumstances not within the scope and authority of this chapter or outside of the control of the Township.

E. Insurance. The owner or operator of a small wireless facility issued a permit pursuant to the provisions of this chapter shall annually provide the Township with a certificate of insurance, in a form satisfactory to the Township Solicitor, evidencing commercial and general liability coverage in an amount no less than $1,000,000 per occurrence and $3,000,000 in the aggregate and property damage coverage in an amount no less than $1,000,000 per occurrence covering the permitted small wireless facility and naming the Township as an additional insured on each insurance policy. Said certificates of insurance shall include a notification endorsement requiring 30 days' notice to the Township upon the cancellation, revocation, expiration, or cessation of the policy. Any permit issued for the location of a small wireless facility pursuant to this chapter shall be deemed revoked in the event said insurance policy is cancelled, revoked, expires, or ceases to exist.