[HISTORY: Adopted by the Board of Supervisors of the Township
of Patton 10-27-2021 by Ord. No.
2021-622 (Ch. 141 of the 1996 Code). Amendments
noted where applicable.]
It is the purpose and scope of this chapter to provide regulations
on the location, design, and construction of new or replacement small
cell facilities that provide telecommunication service in the public
right-of-way (ROW). It also includes a section on design guidance
meant to serve as a supplement to these regulations ensuring consistency
in the review of permit submissions.
This chapter applies to all public ROWs within the Township
including those of the Pennsylvania Department of Transportation,
excepting Interstate Route I-99. It does not extend to any public
lot, park, other public property, or private property.
The following words and phrases, when used in this chapter,
shall have the meanings given in this section:
Any equipment serving or being used in conjunction with a
small cell facility or wireless support structure. Accessory equipment
includes but is not limited to utility or transmission equipment,
power supplies, generators, batteries, cables, equipment buildings,
cabinets and storage sheds, shelters, or similar structures.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
The portion of the public right-of-way stretching from one
intersection to the next, along one side of the street.
The mounting of one or more small cell facilities, including
antennas, on a preexisting structure, or modifying a structure for
the purpose of mounting or installing a small cell facility on that
structure.
The Patton Township Code of Ordinances.
A Township-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small cell facility, lighting, or municipal attachments
have been placed or are permitted to be placed.
The Director of the Department of Public Works of Patton
Township or designee.
Any request for modification of an existing small cell facility
that does not substantially change the physical dimensions of such
tower or base station, involving: 1) co-location of new transmission
equipment; 2) removal of transmission equipment; or 3) replacement
of transmission equipment.
A pole installed where one does not currently exist or an
existing pole relocated more than 60 inches from its original location
for the purpose of supporting a small cell facility.
A written notice, issued by the Director, informing an applicant
that an application for a small cell facility is incomplete and clearly
identifying the information required to render the application complete.
When not otherwise specified, "pole" shall apply to "new
poles" and "existing pole replacement."
A design for a small cell facility that has been reviewed
and deemed to be in accordance with this Design Manual and approved
for construction by the Township.
The replacement of a wireless support structure for the purpose
of meeting the necessary support or upgrades to provide telecommunications
service. Unless otherwise authorized by the department, the replacement
pole shall be constructed no more than 60 inches from the existing
pole location.
The surface and space above and below any real property in
which the Township has an interest in law or equity, including, but
not limited to, any public street, boulevard, road, highway, freeway,
lane, alley, court, sidewalk, parkway, swale, river, tunnel, viaduct,
bridge, park, or any other place, area, or real property, other than
real property owned in fee by the Township. For the purposes of this
chapter, right-of-way also shall include the surface and space above
and below any real property in which the Pennsylvania Department of
Transportation has an interest in law or equity, including, but not
limited to, any public street, boulevard, road, highway, freeway,
lane, alley, court, sidewalk, parkway, excepting the right-of-way
for Interstate Route I-99.
A type of wireless communications infrastructure that meets
the following criteria:
All wireless equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b); and
Each antenna is located inside an antenna enclosure of no more
than three cubic feet in volume or, in the case of an antenna that
has exposed elements, the antenna and all of its exposed elements
are cumulatively no more than three cubic feet in volume.
Camouflaging methods applied to small cell facilities and
accessory equipment that render them more visually appealing or blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include but are not limited to architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure, and facilities constructed to resemble trees,
shrubs, and light poles.
By virtue of engineering or spectrum usage, the proposed
placement for a small cell facility or its design or site location
can be implemented without a material reduction in the functionality
of the small cell facility. Unless otherwise noted, all of the design,
location, and other requirements in this document shall be met unless
the applicant can demonstrate with clear and convincing evidence that
it is not technically feasible.
A pole or other structure, whether or not it supports an
existing antenna, that is used or is capable of being used for the
provision of wireless service (whether on its own or commingled with
other types of services).
A.
Preservation of the ROW. It is
the Township's policy to keep the public right-of-way open and unobstructed
whenever possible for public safety, accessibility, and aesthetic
purposes. No small cell facility shall be located within any portion
of the public ROW in a manner that compromises public interest, public
safety, condition of the right-of-way, existing equipment in the right-of-way,
or future Township plans for public improvements.
(2)
Applications for any small
cell facilities must demonstrate that proposed facilities are sited
to minimize negative impacts on the public ROW. The order of where
equipment shall be located, from most preferable to least preferable,
is:
(a)
As an antenna mounted on
an existing pole.
(b)
As an antenna mounted on
a replacement pole that conforms with the Township's small cell aesthetic
standards.
(c)
As an antenna mounted on
an existing or replacement pole that does not conform with the Township's
small cell aesthetic standards and requires Board of Supervisors approval.
(d)
On a new pole installed
for the purpose of hosting a small cell facility where there are existing
poles on the same side of the street as the proposed new pole. In
this case, the new pole shall be placed in-line with existing poles
and furnishings.
(3)
All small cell facilities
shall be placed in the ROW in the most favorable zoning district unless
the applicant can demonstrate that it is not technically feasible.
The order of priority of zoning districts, from most preferable to
least preferable, is:
B.
Protection of street trees. No street tree shall be removed or have its protected root zone impacted to accommodate installation of small cell facilities (see Subsection F below for clear distance requirements). No street tree shall be pruned related to the installation or functioning of small cell facilities without prior approval from the Director.
C.
Use of Township traffic signal
masts and streetlight poles. The primary purpose of a traffic signal
mast or a streetlight pole shall remain as a pole structure supporting
traffic signal equipment or a streetlight luminaire and related fixtures
used to provide service to the public ROW. The attachment of wireless
equipment to mast/pole or to a replacement mast/pole that impedes
this primary purpose will not be approved. Any applicant seeking to
attach to a Township mast/pole shall be required to enter into a support
structure rental agreement with the Township. No applications for
attachments to a Township mast/pole shall be accepted if such support
structure rental agreement has not been fully executed by the applicant
and the Township.
D.
Impact on businesses and residential
development. Poles should be located, to the extent possible, to minimize
impact on businesses and residential development by avoiding placement
directly in front of building entrances, windows, primary entry walks,
or delivery zones or entrances. Poles shall be installed, co-located
on, or replaced with a minimum ten-foot setback from residential buildings
and 20 feet from commercial buildings.
E.
Furnishing zone. All poles must
be located in the furnishing zone (i.e., in most cases, as close to
back of curb as possible). In some areas where there are existing
tree pits, decorative streetlights, and other furnishings, poles shall
be aligned with existing furnishing as applicable in order to maintain
a visual and physical organization of structures within the right-of-way.
Placement of poles shall not interfere with a clear, unobstructed,
or continuous pedestrian path.
F.
Clear distance requirements. New
pole locations must maintain the following clear distances from or
around adjacent features:
(1)
ADA ramp: Minimum 18 inches.
(2)
Standalone telecommunication
pole: Minimum 100 feet between center points.
(3)
Telecommunication antenna:
Minimum 40 feet between center points.
(4)
Other nontelecommunication
pole (utility, streetlight, traffic): Minimum 25 feet.
(5)
Face of curb: The exterior
of the standalone pole shall be placed no more than 18 inches from
the face of curb or edge of pavement.
(6)
Intersection: Minimum 20 feet
measured from the center of the pole to the intersecting ROW.
(7)
Bus stop: Minimum 15 feet
measured from the post or nearest shelter edge, whichever is closer.
(8)
Fire hydrant or standpipe:
Minimum three feet.
(9)
Emergency exit, fire escape
ladder landing: Minimum three feet.
(10)
Street furniture (e.g.,
benches, bike racks, planters): Minimum six feet.
(11)
Transformer vaults: Minimum
three feet horizontal clearance.
(12)
Street trees: Minimum 15
feet measured from the tree trunk to the center of point of the pole.
A pole shall not be located within an existing street tree's protected
zone. The protected zone shall be equal to one foot for each inch
of the tree's diameter measured at four feet six inches from grade,
or a minimum 15 feet, whichever is greater. The protected zone shall
be measured from the surface of the tree.
(13)
Above grade building face
(e.g., bay windows, show windows, oriel windows, building projections,
overhangs): Minimum 10 feet.
(14)
Curb cuts: Minimum 10 feet
of the edge of any curb cut or driveway or directly opposite any driveway
where it may preclude use of the curb cut.
A.
Conformity with small cell aesthetic
standards.
(2)
Infrastructure that does not
comply with these standards must receive approval from the Board of
Supervisors prior to permit application. This approval process can
take several weeks, so applicants with nonconforming designs are encouraged
to pursue the necessary approval from the Board of Supervisors before
applying for permits.
(3)
Applications that do not conform
to the aesthetic guidelines will be denied by the Director. In these
cases, the applicant should reapply for permits once the Board of
Supervisors approves the design.
(4)
By resolution, the Board of
Supervisors may delegate the review process for infrastructure that
does not comply with these standards to another of the Township's
authorities, boards or commissions.
B.
Additional design standards.
(1)
All small cell facilities
shall be installed in and maintained in a workmanlike manner in compliance
with the National Electric Safety Code and the National Electrical
Code, as applicable.
(2)
Small cell facilities shall
not obstruct vehicular, pedestrian, or cyclist traffic or sight lines
in an unsafe manner.
(3)
All small cell facilities
shall comply with applicable federal and state standards and Township
policy regarding pedestrian access and movement.
(4)
All small cell facilities
shall be designed and constructed in an effort to minimize the impact
on the aesthetics of the ROW as well as on the use of the ROW by the
public, to the extent technically feasible.
(5)
No small cell facilities shall
extend beyond the boundaries of the ROW unless approved on a case-by-case
basis by the Director prior to permits being issued.
(6)
All small cell facilities
shall be designed to withstand the effects of wind gusts and ice to
the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Communications Industry Association (ANSI/TIA-222,
as amended), or to the industry standard applicable the structure.
(7)
All small cell facilities
shall provide a Township streetlight conforming to the latest standard
unless deemed by the Department as infeasible or undesirable.
(8)
Antenna standards.
(a)
Any antenna associated
with a small cell facility shall not exceed three cubic feet in volume.
(b)
All pole-top antennas shall
be flush-mounted as close to the top of the wireless support structure
as technically feasible.
(c)
All antennas shall be of
a design, style, and color that matches the wireless support structure
or other wireless support structure upon which they are attached.
(d)
Any necessary pole-top
extension shall be of the minimum height necessary to achieve separation
from the existing pole attachments.
(e)
Any antenna mounted on
a lateral standoff bracket shall protrude no more than necessary to
meet clearances from the pole and existing pole attachments.
(f)
If mounted on an existing
structure, no antenna shall impair the function of said structure.
(g)
Antenna placement shall
not materially impair light, air, or views from adjacent windows.
(9)
Accessory equipment standards.
(a)
Accessory equipment shall
not exceed 28 cubic feet in volume. Equipment utilized solely for
the minimization or mitigation of the aesthetic impact of the small
cell facility shall not be included in the accessory equipment volume
calculation.
(c)
If accessory equipment
is attached to the wireless support structure:
[1]
It shall be mounted
flush to the side of the wireless support structure, or as near flush
to the side of the wireless support structure as technically feasible;
and
[2]
A minimum of 15 feet
vertical clearance from ground level; and
[3]
Shall be of a color
that matches the wireless support structure upon which such accessory
equipment is mounted.
(d)
All accessory equipment
should be contained within a single equipment shroud or cabinet. Such
equipment shroud or cabinet shall be of the smallest dimensions technically
feasible.
(e)
All small cell facilities
shall post a sign in a readily visible location identifying the owner's
permit number and the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted shall
be that required by the FCC or any other federal or state agency.
All signage associated with a small cell facility shall be approved
by the Director.
(f)
Accessory equipment placement
shall not materially impair light, air, or views from adjacent windows.
(g)
No accessory equipment
shall feature any lighting, including flashing indicator lights, unless
required by state or federal law.
(10)
Wiring standards.
(a)
Exposed wiring is prohibited
on any small cell facility, accessory equipment, or accessory equipment
enclosure.
(b)
Transmission, fiber, power
cables and any other wiring shall be contained within any wireless
support structure for which such concealment is technically feasible.
If wiring cannot be contained within the wireless support structure,
all wiring shall be contained within conduit or U-guard that is flush-mounted
to the wireless support structure.
(c)
All wiring shall be installed
without excessive slack or extra cable storage on the wireless support
structure.
(d)
Any conduit or U-guard
shall be of a color that matches the wireless support structure to
which the small cell facility is attached.
(e)
Loops of extra wiring
shall not be attached to any wireless support structure.
(11)
Replacement wireless support
structures.
(a)
The maximum height of
any proposed replacement wireless support structure shall not exceed
50 feet including antenna.
(b)
Overall height of the
replacement wireless support structure must not impede access to existing/transferred
service lines, transformers, streetlights, or other attachments.
(c)
Any replacement wireless
support structure shall be of comparable materials and design to the
existing wireless support structure being replaced.
(d)
Any replacement wireless
support structure shall be placed within a sixty-inch radius of the
existing wireless support structure being replaced.
(e)
Any replacement wireless
support structure shall be designed to accommodate all uses that existed
on the wireless support structure being replaced.
(f)
As part of an application
for a small cell facility, the applicant shall provide documentation
from a structural engineer licensed in the Commonwealth of Pennsylvania
confirming that the replacement wireless support structure, small
cell facility, and prior existing uses shall be structurally sound.
(g)
Any replacement wireless
support structure shall not deviate from the predominant pattern of
existing adjacent wireless support structures.
C.
Accessibility.
(1)
Placement of small cell facilities
shall not impede, obstruct, violate, conflict with, or hinder any
mode of travel over or access to any public street, bridge, tunnel,
highway, lane, path, alley, sidewalk, or driveway. New small cell
facilities, pole replacements or tension lines required to support
small cell facilities should maintain the existing sidewalk clearway.
(2)
This infrastructure must adhere
to current ADA standards, including maintaining a clear landing at
the top of curb ramps at crosswalks. Applications for facilities that
violate the ADA's access requirements will be denied.
D.
Overhead lines. Where there are
existing poles on the same blockface as the proposed new pole, the
new pole shall be placed in-line with the existing poles and furnishings,
and all aerial cables and wires shall be installed parallel to existing
telephone and electric lines.
E.
Underground lines.
(1)
All lines connecting to a
small cell facility, including but not limited to power, transport
facilities, and connections for streetlights, shall be underground
in those areas of the Township where both telephone and electric utilities'
facilities are underground at the time of the installation of the
ROW user's telecommunications system.
(2)
Where aerial cables and wires
cannot be installed parallel to existing telephone and electric lines,
all new lines shall be underground.
F.
Height of replacement poles for
small cell attachments. Utility pole replacements in anticipation
of small cell attachments shall not exceed 50 feet including antenna.
A.
Eligibility.
(1)
No person shall construct,
operate, or continue to operate a telecommunications system that occupies
the streets, public ways, and public places within the Township without
having been issued a small cell wireless facility ROW permit by the
Director of Public Works Operations (DPWO). Facilities to be co-located
on a Township facility shall also require a Township co-location use
agreement issued by the DPWO.
(2)
Permits may also be issued
by the Township Manager, the current Deputy Township Manager, or a
designee, in writing, of the DPWO.
B.
Adherence to Township standards
and permitting process.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Type of application.
(1)
An applicant will submit an
application to DPWO to modify, co-locate, or relocate an existing
small cell facility or to replace, co-locate, or construct a new small
cell facility. An application will be considered fully submitted upon
receipt of application materials, and confirmation of receipt of application
fees.
(2)
There are four categories
of wireless siting applications for attachments in the ROW:
(a)
New support structure:
a proposal to install a new structure where none exists and to attach
small cell facilities on the new structure.
(b)
Replacement support structure:
a proposal to replace an existing structure without wireless facilities
with a new structure and to attach small cell facilities on the replacement
structure.
(c)
Eligible facilities request:
a modification of an existing small cell facility; the modification
does not substantially change the size of the structure or wireless
facilities.
(d)
Co-location: an initial
deployment on an existing structure or an application for modifying
an existing small cell facility.
D.
Application requirements. The
sections below indicate the required submittals that must accompany
an application for a small cell facility. The submittal requirements
are identified for each application type.
E.
Permission to co-locate. The applicant
must have obtained permission from the structure owner before submitting
an application. If the structure on which the wireless attachment
will be mounted is owned by any entity other than the Township or
the applicant, a copy of any license, lease, agreement, or other documentation
evidencing that the owner of that structure authorizes the facilities
to be attached must be included with the application.
F.
Multiple antennas on permit application.
Multiple antennas can be placed on the same application if they have
the same work dates and traffic control plan. When entering multiple
antennas on one permit, the applicant must submit an overall map with
all antenna site for review with the application.
G.
Application submittal.
(1)
All applications must be submitted
to the DPWO along with applicable application fees (see Township Fee
Schedule). An application shall not be deemed complete until the applicant
has submitted all documents, information, forms, checklists, and fees
specifically enumerated in this section, the small cell aesthetic
standards, and in the application form.
(2)
If the DPWO determines that
an application is incomplete, the department shall notify the applicant
of this determination within 10 business days of receipt of the application.
Such notice shall clearly identify all documentation and/or fees needed
to complete the application.
(3)
If an applicant resubmits
application materials in response to an initial notice of incompleteness,
and the Township determines that the resubmitted application material
is still incomplete, the Township will issue a subsequent notice of
incompleteness to the applicant within 10 days of receipt of the resubmission.
The applicable shot clock time frame for review of the application
shall toll from the date one day after the Township issues such subsequent
notice of incompleteness until such time that an applicant resubmits
application materials in response to the notice of incompleteness.
(4)
If an applicant does not respond
to a notice of incompleteness within 90 days, an application will
automatically be considered withdrawn.
(5)
If there is mutual consent
between the Township and the applicant, an application can be "tabled,"
pausing the shot clock and the review of an application.
H.
Permit dates. Permits for small
cell facilities are valid for one year. After one year, if the work
has not started, the application shall be deemed closed and the applicant
will need to apply under a new permit. The effective date of the permit
shall be the date that the permit is issued by the DPWO.
I.
Application review.
(1)
Upon receipt of a complete
application and subject to applicable tolling procedures as established
by federal regulations, the Department will conduct a review of the
engineering documents to determine:
(a)
Compliance with requirements
under this guidance;
(b)
Inclusion of appropriate
design of stealth components necessary to comply with aesthetic requirements
for attachments as outlined in the small cell aesthetic standards;
(c)
Compliance with any other
applicable requirements of the Township including but not limited
to those established by Chapter 175, Zoning, of the Patton Code. The
Department will conduct an additional review of the application for
new or replacement structures to determine:
[1]
The demonstrated need
for placing the structures at the requested location and geographical
area in order to deliver or enhance personal wireless service. The
applicant shall demonstrate that there are no other effective technological
means for delivering the service;
[2]
The visual impact of
placing the structures or facilities in the subject area;
[3]
The character of the
area in which the structures are requested, including surrounding
buildings, properties, and uses;
[4]
Whether the appearance
and placement of the requested structures is aesthetically consistent
with the immediate area;
[5]
The applicant's or provider's
network coverage objective and whether the applicant or provider should
use available or previously unconsidered alternative locations to
place the support structure or wireless attachment.
(2)
As appropriate, the Director
shall require the applicant to make design modifications in order
to comply with applicable contractual, regulatory, or legal requirements.
Failure to make the requested design modifications shall result in
an incomplete application and may result in denial.
J.
Extensions or amendments. At the
discretion of the DPWO, they may grant an extension of permit dates.
DPWO will not grant an extension for a permit for a small cell facility
if work has not begun. The request for a permit extension must be
made in writing to the DPWO and include a justification for the request.
An additional permit extension fee as per the Township Fee Schedule
and set by resolution of the Board of Supervisors from time to time
will apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Construction guidance.
(1)
In the case where a new pole
foundation is required, applicants must remove the old foundation
and install a new one in its place.
(2)
The height of the pole foundation
shall be two inches above finished grade, unless the pole foundation
is adjacent to or within a sidewalk or ramp. In those cases, the height
of the pole foundation shall be flush with the surface of the immediate
area.
(3)
Shrouds for the pole mounting
bolts may be required. Vaults and pull boxes shall be installed flush
to grade.
Prior to applying for all required permits from DPWO, the applicant
shall provide the following forms of public notice about the proposed
location and appearance of the small cell facilities at least 30 days
before applying for all required permits:
A.
Attach a sign to a pole or publicly
maintained furnishing within 10 feet of each proposed small cell facility's
location. If there is no pole or furnishing within 10 feet of the
proposed location, work with DPWO to determine an alternative location.
Contact DPWO prior to publicly posting any signs.
B.
The posted sign shall provide
basic information about the small cell facility and the project, including
contact information for the applicant's point person. It also shall
include an image of what the pole, antenna, and other parts of the
infrastructure will look like.
C.
The posted sign must remain in
place for at least 60 days.
D.
Send an informational notice to
property owners and tenants (renters, businesses) located within 300-foot
radius of each proposed small cell facility.
E.
The notice must include:
(1)
Name of the applicant;
(2)
Contact information of point
person for applicant if there are any questions or comments about
the facility;
(3)
Estimated date the applicant
intends to submit a permit application to DPWO;
(4)
An outline of the FCC time
line, including the sixty-day or ninety-day review period for the
Township;
(5)
Attestation that the proposed
small cell facilities conform with the Township's small cell aesthetic
standards;
(6)
Detailed description of the
proposed facilities and the proposed location;
(7)
Why co-location is not possible;
(8)
Accurate, to-scale photo simulation
of the proposed facilities. Scale shall be no smaller than one inch
equals 40 feet.
F.
Mail the same informational notice
by certified mail to the property owner whose parcel directly abuts
where the pole is proposed to be located.
G.
An electronic copy of the informational
notice and the certified mail receipt shall be provided to DPWO at
the time of the permit application.
H.
Any feedback received from the
public must be reported to DPWO within 10 days of submitting the permit
application. This aligns with the time allocated to DPWO by the FCC
to finish its completeness check.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
