[HISTORY: Adopted by the Board of Commissioners of the Township
of Tinicum 10-18-2021 by Ord. No. 2021-914. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to establish policies and
procedures consistent with all applicable federal and state laws for
the placement of small wireless facilities and associated utility
poles in the public rights-of-way of streets and roads consistent
with the preservation of the integrity, safe usage and visual qualities
of the Township's rights-of-way and the Township as a whole.
B.
Intent. The intent of this chapter is to:
(1)
Establish basic criteria for applications to install and/or co-locate
small wireless facilities in the public right-of-way;
(2)
Ensure that small wireless facilities are appropriately designed,
constructed, modified, maintained and removed when no longer in use,
in conformance with all applicable health and safety regulations;
(3)
Preserve the character of the Township by minimizing the potentially
adverse visual impact of small wireless facilities through careful
design, siting, landscaping and camouflaging techniques to blend these
facilities into their environment to the maximum extent practicable;
(4)
Establish an application process and structure for payment of fees
and charges to be uniformly applied to all applicants, operators and
owners of small wireless facilities for such facilities;
(5)
Comply with, and not conflict with or preempt, all applicable state
and federal laws, as may be amended or superseded, and all FCC rules
and regulations to interpret and implement applicable federal statutes;
and
(6)
Limit interference with the use of streets, sidewalks, alleys, parkways,
public utilities, public views, certain Township corridors and other
public ways and places; and
(7)
Limit the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
and
(8)
Limit environmental damage, including damages to trees.
C.
Zoning. Applications to co-locate a small wireless facility or install
or modify an associated utility pole in the rights-of-way shall be
treated as a permitted use pursuant to Act 50 of 2021, the Small Wireless
Facilities Deployment Act,[1] and exempt from local zoning where required by the act.
Any other wireless facilities not meeting the definition of a small
wireless facility shall remain subject to applicable zoning requirements.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
D.
Conflicts with other chapters. This chapter is intended to implement
the requirements of the Small Wireless Facilities Deployment Act.
This chapter supersedes all chapters or parts of chapters adopted
prior hereto that are in conflict herewith to the extent of such conflict.
The failure of the Township to include all language set forth in Act
50 of 2021 within this chapter does not constitute a waiver by the
Township of any rights under the Act.
The provisions of this chapter shall only apply to activities
of a wireless provider within the right-of-way to deploy small wireless
facilities and associated new utility poles with small wireless facilities
attached.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
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
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.
Tinicum Township zoning, land use, streets, sidewalks, rights-of-way
and permitting ordinances.
A communications service provider that submits an application.
A written 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 [Public Law 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 wireless support structure.
The Code of Ordinances of the Township of Tinicum.
A set of equipment and network components, including wires
and cables and associates 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 [Public Law 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. 1064, 47 U.S.C. § 153(24)].
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [47 U.S.C. § 153(51)].
A wireless provider.
A municipal pole that is specially designed and placed for
aesthetic purposes.
Is a condition that:
The Federal Communications Commission of the United States.
A building that is or a group of 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.
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 Part 1, Appendix C (relating to Nationwide
Programmatic Agreement Regarding the Section 106 National Historic
Preservation Act Review Process).
Marked as a historical site by the Pennsylvania Historical and
Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical
and museums).
Within an historic district created pursuant to the act of June
13, 1961 (P.L. 282, No. 167),[1] entitled "An act authorizing counties, cities, Townships,
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 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 in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications),
the physical dimension of the small wireless facility or utility pole.
A utility pole owned, managed or operated by or on behalf
of the Township of Tinicum.
A written authorization or general applicability required
by the Township to perform an action or initiate, continue or complete
a project.
An individual, corporation, limited liability company, partnership,
association, trust or any other entity or organization.
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.
The equipment 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 under this subsection.
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 Tinicum.
Buildings, 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.
Equipment at a fixed location that enables wireless service
between user equipment and a communications network, including any
of the following:
DL2=(1)Equipment associates with wireless services.
Radio transceivers, antennas, coaxial or fiber optic cables,
regular and backup power supplies or comparable equipment, regardless
of technological configuration.
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.
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 or entity who provides wireless services.
The term shall have the same meaning given to it in the act
of October 24, 2012 (P.L. 1501, No. 191), knowns as the Wireless Broadband
Co-location Act.[2]
Wireless providers shall be required to pay an annual fee for
the use of the right-of-way. The annual right-of-way fee shall initially
be $270 per small wireless facility or $270 per new utility pole with
a small wireless facility. The Township may amend the fee from time
to time by resolution of Township Board of Commissioners to a rate
not to exceed the maximum rate which is found to be permitted by the
Federal Communications Commission and/or Small Wireless Facilities
Deployment Act.
A.
In accordance with the Small Wireless Facilities Deployment Act,
and with the permission of the owner of the structure, a wireless
provider shall have the right to perform the following within the
public right-of-way:
B.
Co-location. In accordance with the Small Wireless Facilities Deployment
Act, co-location on Township-owned poles may be permitted unless the
small wireless facility would cause structural or safety deficiencies
to the municipal pole, in which case the Township and applicant shall
work together for any make-ready work or modifications or replacements
that are needed to accommodate the small wireless facility.
C.
All structures and facilities 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 and
utilities.
A.
Permit required. No person shall place a small wireless facility
or associated utility pole in the right-of-way, without first filing
an application and obtaining a permit therefor, except as otherwise
provided in this chapter.
B.
Application. All applications for permits filed pursuant to this
chapter shall be on a form, paper or electronic, provided by the Township
Manager.
C.
Application requirements. An application shall be made by the wireless
provider or its duly authorized representative, and shall contain
the following:
(1)
The wireless provider's name, address, telephone number and
e- mail address;
(2)
The applicant's name, address, telephone number and e-mail address,
if different than the wireless provider, and its interest in the work;
(3)
The names, addresses, telephone numbers and e-mail addresses of all
consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(4)
A general description of the proposed work and the purposes and intent
of the small wireless facility. The scope and detail of such description
shall be appropriate to the nature and character of the work to be
performed, with special emphasis on those matters likely to be affected
or impacted by the work proposed.
(5)
A site plan, with sufficient detail, to show the proposed location
of items the applicant seeks to install in the Right-of-Way, including
any manholes or poles, the size, type and depth of any conduit or
enclosure.
(6)
An attestation that the small wireless facilities will be operational
for use by a wireless services provider within one year after the
permit issuance date, unless the Township and the applicant agree
to extend this period.
(7)
An attestation that, to the best of the applicant's knowledge,
the information contained in the application is true.
(8)
Whether each small wireless facility is proposed to be installed
on an existing pole or structure or a new pole or structure.
(9)
The name of the owner of the pole or structure on which the small
wireless facility is proposed to be installed and the address, phone
number and e-mail address of the owner's contact person.
(10)
If a small wireless facility is proposed to be installed on
a pole or structure owned by a party other than the applicant, the
application shall be accompanied by a written confirmation of the
owner's agreement to allow the applicant to locate each small
wireless facility on such owner's pole or structure.
(11)
Documentation in form of both narrative and drawings indicating
the size of each proposed small wireless facility, the height of the
pole or structure on which each is proposed to be installed, and the
cubic volume of each small wireless facility.
D.
When application is not required.
(1)
An application shall not be required for:
(a)
Routine maintenance;
(b)
The replacement of a small wireless facility with another small
wireless facility that is substantially similar or smaller in size,
weight and heights; or
(c)
The installation, placement, maintenance, operation or replacement
of micro wireless facilities that are strung on cables between existing
utility poles in compliance with the National Electrical Safety Code.
E.
Application fees. All applications for permits shall be accompanied
by a fee of $500 for a single up-front application that includes up
to five small wireless facilities, with an additional $100 for each
small wireless facility beyond five; and $1,000 for in non-recurring
fees for each new associates utility pole.
F.
Consolidated applications. An applicant may submit a consolidated
application for up to 20 small wireless facilities, if all the small
wireless facilities in the consolidated application are substantially
the same type.
(1)
A single applicant shall not exceed application for 20 small wireless
facilities in any 30-day period.
(2)
If the Township denies the application for one or more small wireless
facilities or one or more small wireless facilities in a consolidated
application, the Township may not use the denial as a basis to delay
the application process of any other small wireless facility in the
same consolidated application.
(3)
A single permit may be issued for siting and co-locating multiple
small wireless facilities spaced to provide wireless coverage in a
contiguous area.
(4)
If multiple applicants submit applications cumulatively exceeding
20 applications within a 30-day period, the extensions to deadlines
provided for in the Small Wireless Facilities Act shall apply.
A.
Review of small wireless facilities and utility pole applications.
(1)
Within 10 days of receiving an initial application, the Township will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, the Township will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The shot clock set forth in Subsection A(2) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in Subsection A(2) shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(2)
All applications shall be processed on a nondiscriminatory basis,
and the Township shall approve or deny an application for: (i) co-location
of small wireless facilities on an existing structure within 60 days
of receipt of the application; or (ii) within 90 days for applications
to deploy a small wireless facility using a new structure.
(3)
An applicant and the Township may enter into a written agreement to toll the time periods set forth in Subsection A(2).
(4)
If the Township fails to issue a decision on an application for a small wireless facility within the required time periods set forth in § 290-7A(2), it shall constitute a deemed approved.
(5)
The Township may deny a proposed co-location of a small wireless
facility or installation or modification of a utility pole only if
the proposed application:
(a)
The small wireless facility materially interferes with the safe
operation of traffic control equipment, sight lines or clear zones
for transportation or pedestrians or compliance with the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327)[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
codes.
(c)
The small wireless facility fails to comply with the requirements
specified under the Small Wireless Facilities Deployment Act.
(d)
The applicant fails to submit a report by a qualified engineering
expert which shows that the small wireless facility will comply with
applicable FCC regulations.
(6)
The Township must document the basis for a denial, including the
specific code provisions on which the denial was based, and send the
documentation to the applicant within five business days of the denial.
(7)
The applicant may cure the deficiencies identified by the Township
and resubmit the application with 30 days of the denial without paying
an additional application fee. The Township shall approve or deny
the revised application within 30 days. Any subsequent review shall
be limited to the deficiencies cited in the denial.
(8)
The applicant may cure the deficiencies identified by the Township
and resubmit the application within 30 days of receiving the written
basis for the denial without being required to pay an additional application
fee. The Township shall approve or deny the revised application within
30 days of the application being resubmitted for review or the resubmitted
application shall be deemed approved 30 days after resubmission. Any
subsequent review shall be limited to the deficiencies cited in the
denial. If the resubmitted application addresses or changes other
sections of the application that were not previously denied, the Township
shall be given an additional 15 days to review the resubmitted application
and may charge an additional fee for the review.
B.
Permit scope and effect. Installation, modification or co-location
for which a permit is granted pursuant to this section shall be completed
within one year after the permit issuance date unless the Township
and the applicant agree to extend this period. Approval of an application
authorizes the applicant to:
(1)
Co-locate on an existing utility pole, modify or replace a utility
pole or install a new utility pole with small wireless facilities
attached as identified in the initial application.
(2)
Subject to the permit requirements and the applicant's right
to terminate at any time, operate and maintain small wireless facilities
and any associated equipment on a utility pole covered by the permit
for a period of five years, which shall be renewed for two additional
five-year periods if the applicant is in compliance with the criteria
set forth in the Small Wireless Facilities Deployment Act and applicable
Codes, and the applicant has obtained all necessary consents from
the utility pole owner.
C.
Authority granted; no property right or other interest created. A
permit from the Township authorizes an applicant to undertake only
certain activities in accordance with this chapter and does not create
a property right or grant authority to the applicant to impinge upon
the rights of others who may already have an interest in the right-of-way.
A.
Upon receipt of a completed application for a small wireless facility
permit and all required fees, the Township Manager and/or the Township
Engineer, or his/her respective designee, shall review the application
to determine whether the proposed small wireless facility and support
structure or pole comply with the following design criteria:
(1)
The structure on which antenna facilities are mounted: a) an existing
utility pole, provided the installation does not extend more than
five feet above the pole; and b) a new or replacement pole are not
taller than 50 feet. Any height in excess of these limits shall require
application to the Zoning Hearing Board for a variance.
(2)
Each antenna associated with the deployment (excluding the associated
equipment) may not be more than three cubic feet in volume; and
(3)
All other equipment associated with the facility (excluding antennae)
are cumulatively no more than 28 cubic feet in volume.
A.
The Township may adopt by resolution small wireless facility design
guidelines with objective, technically feasible criteria applied in
a nondiscriminatory manner that reasonably match the aesthetics and
character of the immediate area.
B.
The small wireless facility design guidelines may include examples
of small wireless facilities preferences including visual depictions
(if readily available and identified by the Township).
C.
The provisions in this chapter shall not limit or prohibit the Township's
discretion to promulgate and make publicly available other information,
materials or requirements in addition to, and separate from, small
wireless facility design guidelines so long as the information, materials
or requirements do not conflict with state or federal law.
D.
All small wireless facilities and associated equipment located within
the public right-of-way shall be located such that they meet ADA requirements
and do not hinder, obstruct or impede usual pedestrian and vehicular
travel.
E.
The Township shall have authority to update or supplement the small
wireless facility design guidelines to address relevant changes in
law, technology or administrative processes.
F.
Wireless Support Structure Design Standards.
(1)
General guidance.
(a)
Utility pole installations, modifications and replacements relating
to small wireless facility co-locations shall be fabricated from the
same or similar material as similar poles in the area having a degree
of strength capable of supporting the small wireless facilities, and
shall be capable of withstanding wind forces and ice loads in accordance
with applicable standards. A modification, installation or replacement
shall be securely bound in accordance with applicable engineering
standards.
(b)
Screening and equipment enclosures shall blend with or enhance
the surrounding context in terms of scale, form, texture, materials
and color. Equipment shall be concealed as much as possible by blending
into the natural and/or physical environment.
(c)
Wires and cables connecting the antenna and appurtenances serving
the small wireless facilities shall be installed in accordance with
the version of the National Electrical Code and National Electrical
Safety Code adopted by the Township and in force at the time of installation.
In no event shall wiring and cabling serving the small wireless facility
interfere with any wiring or cabling installed by a cable television
or video service operator, electric utility or telephone utility.
(d)
Guy wires and similar support structures may not be used as
part of the installation of any small wireless facility, unless the
small wireless facility is proposed to be attached to an existing
utility pole that incorporated guy wires prior to the date of the
small wireless application.
(e)
The small wireless facility, including any ground-mounted equipment,
shall be grounded in accordance with the requirements of the most
current edition of the National Electrical Code adopted by the Township
regarding grounding of wireless facilities.
(f)
All wires, antennas and other small wireless facility equipment
shall be enclosed and not visible.
(g)
Casing to enclose all wires, antennae and other small wireless
facility equipment may be mounted on top of existing and new poles
in a cylinder shape to look like an extension of the pole.
(h)
Brand logos and other signage are prohibited on all small wireless
facilities except contact information to be used by workers on or
near the small wireless facilities and as otherwise required by federal
or state law. Signage will be no larger than required to be legible
from street level.
(i)
As a condition for approval of new small wireless facilities
or new wireless support structure in an historic district, the applicant
shall comply, to the greatest extent possible, with the design and
aesthetic standards of the historic district, or historic preservation
standards in place, to minimize the negative impact to the aesthetics
in these districts or areas.
G.
Other requirements. A wireless provider that seeks to co-locate small
wireless facilities or install or modify a utility pole supporting
small wireless facilities shall be subject to the following requirements:
(1)
Small wireless facilities shall be located such that they do not
interfere with a public health or safety facility, such as, but not
limited to, a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure or any other public health
or safety facility. New utility poles and small wireless facilities
shall not be installed directly over any water, sewer or reuse main
or service line.
(2)
Any tree-disturbing activity necessary for the installation or co-location
of small wireless facilities and utility poles installed to support
them shall comply with any applicable Shade Tree Commission and Township
Code and permitting requirements related to tree trimming and/or removal.
(3)
Small wireless facilities and utility poles or wireless support structures
on which they are co-located shall not be lighted or marked by artificial
means, except when small wireless facilities are co-located on a light
pole or where illumination is specifically required by the Federal
Aviation Administration or other federal, state or local regulations.
(4)
A wireless provider shall repair, at its sole cost and expense, any
damages, including, but not limited to, subsidence, cracking, erosion,
collapse, weakening, or loss of lateral support to the Township's
streets, sidewalks, walks, curbs, gutters, trees, parkways, street
lights, traffic signals, improvements of any kind or nature, or utility
lines and systems, underground utility line and systems, or sewer
or water systems and water and sewer lines directly resulting from
any activities performed in connection with the installation and/or
maintenance of a wireless facility in the right-of-way. The wireless
provider shall restore such areas, structures and systems to substantially
the same condition in which they existed prior to the installation
or maintenance that necessitated the repairs.
(5)
Wireless providers shall always maintain compliance with all applicable
federal, state and local laws, regulations, ordinances or other rules.
If state or federal standards and regulations are amended, a wireless
provider of any portion of the small wireless facilities governed
by this chapter shall bring any facilities and/or structures into
compliance with the revised standards and regulations within the time
mandated by such amendment; or if no time is mandated, as soon as
practicable under the circumstances but no later than 90 days. Failure
to bring the small wireless facilities into compliance with any revised
standards and regulations shall constitute grounds for removal at
the owner's expense.
(6)
If requested by the Township, in order to accomplish construction
and maintenance activities directly related to improvements for the
health, safety and welfare of the public, a wireless provider shall
relocate or adjust its facilities within the public Right-of-Way at
no cost to the Township as long as such request similarly binds all
users in or on such public right-of-way. Such relocation or adjustment
must be completed in accordance with law.
(7)
All small wireless facilities 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 menace or endanger the health,
safety and welfare of any person or property. All small wireless facilities
shall be subject to generally applicable property maintenance requirements
and to visual inspection by Code Enforcement Officers.
H.
The Township shall have authority to update or supplement the small
wireless facilities design standards and technical requirements to
address any relevant changes in the law, technology or administrative
process.
A.
Within 60 days of suspension or revocation of a permit due to noncompliance
with this Act or applicable codes consistent with this Act, the applicant
shall remove the small wireless facility and any associated equipment,
including the utility pole, and any support structures if the applicant's
wireless facilities and associated equipment are the only facilities
on the utility pole after receiving adequate notice and an opportunity
to cure any noncompliance.
B.
Within 90 days of the end of a permit term or an extension of the
permit term, the applicant shall remove the small wireless facility
and any associated equipment, including the utility pole and any support
structures if the applicant's wireless facilities and associated
equipment are the only facilities on the utility pole.
C.
The Township retains the right to cut or move any small wireless
facilities or utility poles located within the right-of-way as the
Township may determine to be necessary, appropriate or useful in response
to any public health or safety emergency. If circumstances permit,
the Township shall notify the wireless provider and provide it an
opportunity to move its small wireless facilities or utility poles
prior to cutting or removing them, and in all circumstances, shall
promptly notify the wireless provider after cutting or removing a
small wireless facility or utility pole.
D.
Abandonment of facilities. The Township may require a wireless provider
to remove an abandoned small wireless facility or utility pole permitted
hereunder within 120 days of abandonment. Should the Wireless provider
fail to timely remove the abandoned small wireless facility or utility
pole, the Township, upon providing 60 days' prior written notice
to the provider, may remove the small wireless facility or utility
pole to be removed and may recover the actual cost of such removal
from the wireless provider. A small wireless facility or utility pole
shall be deemed abandoned at the earlier of the date that the wireless
provider indicates in any way that it is abandoning the small wireless
facility or utility pole or the date that is 120 days after the date
that the small wireless facility or utility pole ceases to be used,
unless the wireless provider provides the Township reasonable evidence
that it is diligently working to place the small wireless facility
or utility pole back in service.
Applicants are required to repair all damage directly caused
by the activities of the applicant and return the right-of-way in
as good of condition as it existed prior to any work being done. If
the applicant fails to make the repairs required by the Township within
30 days after written notice, the Township may perform those repairs
and charge the provider the reasonable, documented cost of the repairs
plus a penalty not to exceed $500. The Township may 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.
Subject to the provisions of this Act and applicable federal
and state laws and regulations, nothing in this Act shall be construed
to:
A.
Limit or preempt the scope of the Township's zoning, land use,
planning, streets and sidewalks, rights-of-way and permitting authority
as it relates to small wireless facilities; and
B.
Grant the authority to the Township to exercise zoning jurisdiction
over the design, engineering, construction, installation or operation
of a small wireless facility located in an interior structure or on
the site of a campus, stadium or athletic facility not owned or controlled
by the Township.
Nothing in this chapter shall be interpreted to relieve any
individual from compliance with all other ordinances, resolutions,
laws and regulations of the Township, of the County of Delaware, the
Commonwealth of Pennsylvania or the United States.
Any person who owns or operates a small wireless facility in
the public right-of- way shall indemnify, protect, defend and hold
the Township and its elected officials, officers, employees, agents
and volunteers harmless against any and all claims, law suits, judgments,
costs, liens, losses, expenses, fees to include reasonable attorney
fees, and costs of defense, proceedings, actions, demands, causes
of action, liability and suits of any kind and nature, including personal
or bodily injury or death, property damage or other harm for which
recovery of damages is sought to the extent that if is caused by the
negligence of the entity who owns or operates the small wireless facilities
and wireless service in the right-of-way, any agent, officer, director,
representative, employee, affiliate or subcontractor of the operator,
or their respective officers, agents, employees, directors or representatives
while installing, repairing, maintaining facilities in the right-of-way.
