[Added 12-8-2021 by Ord.
No. 358]
In recognition of the quasi-public nature of small wireless
facilities, the following regulations shall apply.
The purpose of this article is:
A.
To accommodate the need for small wireless facilities, while minimizing
their height, location and number in the Township.
B.
To minimize the adverse visual effects of small wireless facilities
and their support structures on adjacent properties, the bucolic nature
of the Township and the historic village through proper design and
placement.
C.
To avoid potential damage to adjacent properties due to unforeseen
occurrences.
D.
To be mindful of the character and vistas in the Township and thereby
minimize the negative impacts that these facilities may have on those
amenities.
E.
To recognize and comply with state and federal regulations.
The following words and phrases used in this article shall have the meanings given to them below. These definitions shall only apply to this Article XA.
Equipment serving or being used in conjunction with a small
wireless facility.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
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.
A request submitted by an applicant to a municipality:
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 television system" shall have
the meaning given to it in § 501-B(1) of the act of April
6, 1951 (P.L. 69, No. 20), known as the "Landlord and Tenant Act of
1951."[1]
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole of other wireless support structure.
A set of equipment and network components, including wires
and cables and associated facilities, used by a communications service
provider to provide a communications service.
Any of the following:
A cable operator as defined in § 522(5) of the Cable
Communication Policy Act of 1984 [47 U.S.C. § 522(5)].
A provider of information service as defined in § 153(24)
of the Cable Communications Policy Act of 1984 [47 U.S.C. § 153(24)].
A telecommunications carrier as defined in § 153(51)
of the Cable Communications Policy Act of 1984 [47 U.S.C. § 153(51)].
A wireless provider.
A structure used to support overhead power lines consisting
of 69 kilovolt or greater conducting lines, generally of steel construction
and having a height of at least 75 feet. The term shall not include
any utility pole having a height of less than 75 feet.
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 a municipality.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
Each antenna can fit within an enclosure of no more than six
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. As used in this paragraph, the following
associated ancillary equipment are not included in the calculation
of equipment volume:
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 reduction in the functionality of the
small wireless facility.
Buildings, or other structures and equipment owned or operated
by a public utility, as defined in 66 Pa. C.S.A. § 102 (relating
to definitions), to provide service.
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
As follows:
A person authorized 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.
A person who provides wireless services.
The term shall have the same meaning given to it in the Commonwealth
Act of October 24, 2012 (P.L. 1501, No. 191), known as the "Wireless
Broadband Co-location Act."[2]
The provisions of this section shall apply only 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.
A.
Right-of-way and co-location annual fees shall be charged by Skippack
Township for the use of the right-of-way, per small wireless facility
and per new utility pole with a small wireless facility. The amount
of the fee shall be as stated in the current Township Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
B.
Right of access. Under the provision of this article and with the
permission of the owner of the structure, a wireless provider shall
have the right to perform the following activities within the right-of-way:
(1)
Co-locate.
(2)
Replace an existing utility pole or install a new utility pole
with attached small wireless facility.
(3)
All structures and facilities shall be installed 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 public and the
utilities.
(4)
Each new or modified small wireless facility installed in the
right-of-way shall be installed on an existing utility pole or a 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.
(5)
The height limit of a new utility pole with a small wireless
facility may exceed the stated height limit subject to special exception
approval granted by the Zoning Hearing Board of Skippack Township.
(6)
Underground utility developments. All residential development
designed and constructed with underground utilities shall after the
effective date of this article be required to have all cable and utility
facilities placed underground. Relief from this restriction may be
sought from the Zoning Hearing Board of Skippack Township by filing
a variance request.
(7)
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 and return the right-of-way
or other land to its functional equivalence 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
municipality within 30 days after written notice, the municipality
may perform those repairs and charge the wireless provider the reasonable,
documented cost of the repairs plus a penalty of 25%. The municipality
may suspend the ability of an applicant to receive a new permit from
the municipality until the applicant has paid the amount assessed
for the repair costs and the assessed penalty. The municipality may
not suspend the ability of an applicant to receive a new permit that
has deposited the amount assessed for the repair costs and the assessed
penalty in escrow pending an adjudication of the merits of the dispute
by a court of competent jurisdiction.
B.
Permit fees shall be charged by Skippack Township for the review
of applications to do work within the ultimate right-of-way. The amount
of the fee shall be as stated in the Township Fee Schedule.[1] There shall be an initial fee for the first five small
wireless facilities and an additional fee for each additional small
wireless facility.
(1)
Permits shall be required for co-location, and installation,
modification or replacement of utility poles with small wireless facilities.
Applications for co-location on a decorative pole may be prohibited.
(2)
Application shall be processed as mandated by House Bill 1400,
with strict adherence to the time limitations specified therein and
the provisions for denial.
(3)
Consolidated application for a maximum of 20 small wireless
facilities shall be received and processed as mandated by House Bill
1400.
(4)
All work proposed under this article shall be completed within
one year of the issuance of a permit.
(5)
Approved permits grant the right to operate the facility for
a period of five years with two additional five-year extensions conditioned
upon permit requirements and utility pole owner consent.
(6)
Upon notice from Skippack Township of noncompliance, the applicant
shall have 60 days to remove the small wireless facility and associated
equipment. The applicant shall have an opportunity to cure the noncompliance.
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
Except for a wireless provider with an existing franchise to
occupy and operate in a right-of-way, a wireless provider shall indemnify
and hold the municipality and its officers, employees and agents harmless
against any claims, lawsuits, judgments, costs, liens, expenses or
fees or any other damages sought that are found by a court of competent
jurisdiction to have been caused solely by the negligent 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.
