As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
ANTENNA
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.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing WCF that does
not substantially change the physical dimensions of such WCF, involving:
A.
Co-location of new transmission equipment;
B.
Removal of transmission equipment; or
C.
Replacement of transmission equipment.
FCC
Federal Communications Commission.
SMALL WIRELESS COMMUNICATIONS FACILITY
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
A.
Each antenna associated with the deployment is no more than
three cubic feet in volume; and
B.
The volume of all other equipment associated with the wireless
communications 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 communications facility
shall not be included in the calculation of equipment volume.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a WCF or its design or site location can be implemented
without a material reduction in the functionality of the WCF.
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
Small WCFs are permitted by right inside the public rights-of-way
in all Township zoning districts, subject to the requirements of this
article and generally applicable permitting as required by the Township
Code.
Once approved, the Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all small WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
Any graffiti on a small WCF, including the wireless supports
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 30 calendar days of notification by the
Township.
As part of the construction, modification or replacement of
a small WCF, the applicant shall remove any obsolete or abandoned
equipment from the wireless support structure.
Within 90 days following written notice from the Township, or
such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, an owner of a
small WCF in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any WCF when the
Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
A. The construction, repair, maintenance or installation of any Township
or other public improvement in the right-of-way;
B. The operations of the Township or other governmental entity in the
right-of-way;
C. Vacation of a street or road or the release of a utility easement;
or
D. An emergency that constitutes a clear and immediate danger to the
health, welfare, or safety of the public as determined by the Township.
The proposed co-location, the modification or replacement of
a wireless support structure or the installation of a new wireless
support structure with small WCF attached for which a permit is granted
under this section shall be completed within one year of the permit
issuance date unless the Township and the applicant agree in writing
to extend the period.
The Township may assess appropriate and reasonable permit fees
directly related to the Township's actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring, and related costs. Such permit fees shall
be established by the Township fee schedule.
In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW in accordance with this Chapter
154. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
The following maintenance requirements shall apply:
A. All WCFs shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance, repair or replacement.
B. Such maintenance shall be performed to ensure the upkeep of the WCF
in order to promote the safety and security of the Township's
residents and in accordance with all applicable Township, state and
federal regulation.
The Township and/or its third-party inspection company reserves
the right to inspect any WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law.