[Ord. No. 6-2021, 9/9/2021]
As used in this Part, 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. The
term includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar equipment.
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communications services. An antenna shall not include private
residence-mounted satellite dishes or television antennas or amateur
radio equipment, including, without limitation, ham or citizen band
radio antennas.
BASE STATION
A structure or equipment at a fixed location that enables
Federal Communications Commission licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this Part or any
equipment associated with a tower.
1.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
(i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave
transmissions) such as microwave backhaul.
2.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small cell networks).
3.
The term includes any structure other than a tower that, at
the time the relevant application is filed with the Township under
this Part, supports or houses equipment described in this section
that has been reviewed and approved under the applicable zoning or
siting process, or under another state or local regulatory review
process, even if the structure was not built for the sole or primary
purpose of providing such support.
4.
The term does not include any structure that, at the time the
relevant application is filed with the Township under this Part, does
not support or house equipment described in this section.
CO-LOCATION
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving i) co-location of new transmission
equipment; ii) removal of transmission equipment; or iii) replacement
of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
FT. WORTH ATTACHMENT
A non-freestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
MODIFICATION
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure. The replacement of a pole is not a modification.
MONOPOLE
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
PUC
Pennsylvania Public Utilities Commission.
REPLACEMENT
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
RIGHTS-OF-WAY (ROW)
The surface of and space above and below any real property
in the municipality in which the Township has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways,
or any other public place, area or property under the control of the
Township and any nonexclusive public or utility easements established,
dedicated, platted, improved or devoted for utility purposes. Private
rights-of-way and other government-owned lands not listed above shall
not be considered a right-of-way. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
SITE
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
SMALL WIRELESS FACILITIES (also referred to herein as "small
cells")
Consistent with 47 CFR, facilities that meet each of the
following conditions:
1.
The facilities:
A.
Are mounted on structures 50 feet or less in height, including
their antennas as defined in 47 CFR 1.1320(d); or
B.
Are mounted on structures no more than 10% taller than other
adjacent structures; or
C.
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
2.
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of "antenna" in 47
CFR 1.1320(d)], is no more than three cubic feet in volume;
3.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
4.
The facilities do not require antenna structure registration
under this Part.
5.
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
6.
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
STEALTH TECHNOLOGY
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed facility into the existing structure or visual backdrop in
such a manner as to render it less 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, light poles, utility poles or flagpoles, and eliminating,
minimizing or hiding wires, equipment installed on or near monopoles
or wireless support structures in connection with antennas placed
thereon.
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 personal wireless service (whether on its own
or commingled with other types of services), or for other communications-related
purposes.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
1.
For towers other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
2.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet.
3.
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure.
4.
It entails any excavation or deployment outside the current
site.
TOWER
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities
or for supporting similar infrastructure deployments, including structures
that are constructed for wireless communications services, including,
but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless
services (i.e., point-to-point microwave transmission) such as microwave
backhaul, and the associated site. A building, water tower, electrical
transmission tower, utility pole, light pole, traffic signal pole,
flagpole or other similar structure designed and constructed for a
sole or primary purpose other than supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities,
as well as a Ft. Worth attachment, shall not be considered a tower.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (i.e., building, water tower,
utility pole, light pole, traffic signal pole, flagpole or other similar
structure) to support the weight of a WCF is not considered a new
tower-based WCF.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Federal Communications
Commission licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
WCF ON EXISTING STRUCTURE
Wireless communications facilities located on existing structures
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flagpoles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
[Ord. No. 6-2021, 9/9/2021]
1. Tower-based WCFs within the Township ROW are permitted to be located
within the ROW on or in front of a lot containing a single-family
home or duplex only if the applicant demonstrates that no feasible
alternative placement is available, and if the following requirements
are met:
A. A tower-based WCF shall not be located between the front facade of
the dwelling structure and the street that the lot fronts on, except
for equipment cabinets located underground; and
B. The WCF shall be located at, or as close as practicable to, the point
where a side lot line intersects the street right-of-way line. The
Township may waive or adjust this requirement where such a side point
poses a hazard to motorists, pedestrians or bicyclists, or is undesirable
due to visual impact, proximity to a driveway or for other good cause.
2. No ground-mounted equipment shall be located within the ROW on a
lot containing a single-family home or duplex unless the equipment
is screened by landscaping and plantings or other decorative features
so as to be substantially screened from the street or from any property
containing a single-family home or duplex and located within view
of the ground-mounted equipment.
3. WCFs in the right-of-way shall be located on existing poles, in the
right-of-way, such as utility poles or light poles, unless the applicant
demonstrates that location on existing poles is not feasible.
4. Eligible facilities requests that do not substantially change the
tower or base station are permitted.
[Ord. No. 6-2021, 9/9/2021]
1. Tower-based WCFs shall be designed to minimum functional height,
not to exceed 50 feet. Applicants must submit documentation justifying
the total height.
2. Non-tower-based WCFs located above the surface grade shall be designed
at the minimum functional height. If located on a lot containing a
single-family residence or duplex, such WCF shall not exceed a height
of five feet above the supporting electrical transmission tower, streetlight,
utility pole, sign or similar structure, unless additional height
is shown by the application to be necessary for operation of the WCF.
Equipment and components shall not be placed so low as to be a hazard
to vehicle or pedestrian traffic.
[Ord. No. 6-2021, 9/9/2021]
1. All WCFs shall be sited, designed, constructed, operated, inspected,
maintained, repaired, modified, removed and replaced in strict compliance
with all current applicable federal and state technical and safety
codes.
2. All WCFs shall be operated in accordance with all applicable FCC
rules regarding interference with public safety communications or
the reception of broadband, television, radio or other communications
services.
3. Signage. All facilities shall include a posted sign at the location.
Such signage shall include the ownership, contact name and phone number
in the event of an emergency and Federal Communications Commission
(FCC) registration number (if applicable). Such signage shall not
include commercial advertising, shall not protrude from the tower
or WCF, and is subject to approval by the Township. The sign shall
be limited to the maximum necessary size to provide the required information
in a readable manner, not to exceed two square feet in area.
4. Lighting. Towers shall not be artificially lighted beyond what is
required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect to surrounding properties as is permissible
while still meeting state or federal requirements.
5. Noise. All facilities shall be operated and maintained so as not
to produce noise that will constitute a nuisance to users of the right-of-way
or property owners abutting the right-of-way. The use of a backup
generator is prohibited except that in emergency situations and for
periodic maintenance and testing by the wireless communications provider's
technicians, such use shall be permitted, where such noise standards
may be exceeded on a temporary basis.
6. Vehicular Access. Vehicular access to all WCFs or similar infrastructure
deployments shall not interfere with parking or vehicular circulation
occurring within or through the ROW.
7. Safety in Rights-of-Way.
A. Schedule of Operations. The Township shall determine the time, place
and manner of siting, design, construction, maintenance, repair, modification,
removal and/or replacement of all WCFs and other facilities located
in the ROW, based on public safety, traffic management, physical burden
on the ROW and related considerations. For public utilities, the time,
place and manner requirements shall be consistent with the police
powers of the Township and the requirements of the Public Utility
Code.
B. Alterations. Within 60 days following written notice from the Township,
or such longer period as the municipality determines is reasonably
necessary or such shorter period in the case of an emergency, an owner
of a WCF or similar infrastructure deployment located in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of such WCF or similar infrastructure deployment
when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under any one of the following circumstances:
(1)
The construction, repair, maintenance or installation of any
municipal or other public improvement located in the ROW.
(2)
The operations of the Township or other governmental entity
in the ROW.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
(5)
No permit is required for such removal, relocation, change or
alteration ordered by the Township.
C. Visual Obstruction. All WCFs or similar infrastructure deployments
and accessory equipment or similar infrastructure deployments shall
be located so as not to cause any physical or visual obstruction to
pedestrian, bicycle or vehicular traffic, or to otherwise create safety
hazards to pedestrians, cyclists and/or motorists or to otherwise
inconvenience public use of the ROW as determined by the Township.
In no case shall ground-mounted equipment, walls, screening or landscaping
be located within 18 inches of the face of the curb, or in an area
in which there are no curbs, within three feet of the edge of the
cartway.
8. Maintenance. An applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs and equipment
needs, and the traffic, safety and noise impacts of such maintenance.
9. Soil Report. An applicant for a tower-based WCF or similar infrastructure
deployment, where the new tower is more than 40 feet in height, shall
submit a soil report complying with the standards of geotechnical
investigations, ANSI/EIA-222-G, as amended, which shall be submitted
to the Township Engineer prior to construction to document and verify
the design specifications of the foundation for the wireless support
structure and anchors for the guy wires, if used.
10. Aviation Safety. All facilities shall comply with federal and state
laws and regulations concerning aviation safety.
11. Inspections Where New Tower-Based WCF or Similar Infrastructure Deployment
is More Than 50 Feet in Height.
12. A copy of any required inspection report shall be provided to the
Township following the inspection. Any repairs advised by the report
shall be completed by the owner within 60 calendar days after the
report is filed with the Township.
13. Equipment Storage. The storage of unused equipment or supplies is
prohibited on any WCF site or site for similar infrastructure deployment.
[Ord. No. 6-2021, 9/9/2021]
1. Stealth Technology.
A. All WCFs and similar infrastructure deployments within the ROW shall
employ the most current stealth technology available, where appropriate
and technically feasible, in an effort to appropriately blend the
proposed WCF into the surrounding environment and minimize aesthetic
impact. Equipment buildings and cabinets shall be designed to blend
into the environment in which they are situated, to the extent practicable.
B. In the case of a tower-based WCF or similar infrastructure deployment
within the ROW, compliance with this section may be evidenced by the
following, where technically feasible:
(1)
The tower shall have such color as may be commercially and technically
feasible to achieve and as may be required by the Township to avoid
unsightly or out-of-character deployments.
(2)
The tower shall comply with Federal Aviation Administration
and Pennsylvania Bureau of Aviation lighting standards and shall not
be artificially lighted unless required by those agencies.
(3)
For new metal poles supporting a small cell antenna, the pole
color and design shall match as nearly as practical those existing
surrounding poles or shall, where commercially and technically feasible,
be such color as required by the Township to avoid unsightly or out-of-character
deployments.
(4)
The antenna shall match the pole in color where technically
feasible and where painting will not interfere with the signal transmission.
2. Associated Equipment.
A. All equipment associated with a WCF or similar infrastructure deployment
located aboveground must be enclosed, and all wires and cables must
be housed in shrouds, risers or conduit. To the extent commercially
and technically feasible, all equipment shall be of the same color,
and the color shall match as closely as possible the color of the
pole or upright structure to which it is mounted, to avoid unsightly
and out-of-character developments.
B. The maximum width and depth of any piece of associated equipment
may not exceed 1 1/2 times the diameter of the pole on which
it is to be located unless the applicant proves that no reasonable
alternative exists.
C. Antennas must be screened with a random or similar concealment technique
that covers the entire antenna, cables, connectors and hardware, where
such screening will not interfere with transmission/reception capabilities
of the antenna.
D. Pole-mounted equipment other than cabling must be located at least
eight feet above the ground.
[Ord. No. 6-2021, 9/9/2021]
1. Notwithstanding the requirements for all tower-based WCFs and WCFs
on existing structures, as set forth in this Part, an application
for replacement, co-location or modification of a previously approved
wireless support structure or WCF shall be reviewed for conformance
with the Township building permit requirements, including requirements
applicable to the added structural loading of the proposed antennas
and accessory equipment. Previously approved facilities shall not
be subject to the issuance of permit approvals, provided that there
is no substantial change.
2. Replacement of WCFs on existing wireless support structures or within
existing equipment compounds may be performed by the applicant without
obtaining building or zoning permits from the Township.
3. Any substantial change to an existing tower-based WCF shall require
approval of the Township in accordance with the terms of this Part.
4. Mounting. An applicant proposing a WCF on an existing structure to
be mounted on a building or any other structure shall submit detailed
construction and elevation drawings indicating how the WCF on the
existing structure will be mounted on the existing structure for review
by the Township Building Code Official for compliance with the Building
Code.
[Ord. No. 6-2021, 9/9/2021]
1. No person shall use, occupy, place, install or operate wireless communications
facilities, wireless support structures, accessory equipment or similar
infrastructure deployments or facilities in, under, over or upon any
Township rights-of-way, or Township-owned structures within Township
rights-of-way, unless such person first applies for and obtains a
permit for same from the Township.
A. Permits are not assignable without the written consent of the Township.
B. Any application for a permit to attach a facility of any kind to
a Township structure within the ROW shall provide, in addition to
the submittals required under this Part, and in such format and number
as the Township Engineer may designate, all descriptive and technical
information as may be required by the Township Engineer to review
the application and to determine whether:
(1)
The proposed attachment is properly designed;
(2)
The proposed attachment will interfere with the Township's
use of the structure or the ROW.
(3)
No attachment to a Township-owned structure shall be permitted
unless the Township Engineer has certified, in writing, that the proposed
attachment is properly designed and will not interfere with the Township's
use of the structure or of the ROW.
C. Permits will be reviewed by and acted upon by the Township Building
Code Official, or such official as may be designated by the Board
of Supervisors. Permit decisions will be in writing, and permit denials
will state the reasons for the denial.
Table 1
|
---|
WCF Review Time Frames
|
---|
Type of Application
|
May Be Required to Complete Application
|
Township Shall Approve or Deny the Application
|
---|
A.
|
Co-locate small cell on existing structure
|
Within 10 days after the application is submitted
|
Within 60 days of submission of complete application
|
B.
|
Co-locate a facility other than a small cell using an existing
structure
|
Within 30 days after the application is submitted
|
Within 90 days of submission of complete application
|
C.
|
Deploy small cell using a new structure
|
Within 30 days after the application is submitted
|
Within 90 days after submission of a complete application
|
D.
|
Eligible facilities requests** (as defined herein)
|
Within 30 days after the application is submitted
|
Within 60 days* of submission of a complete application
|
E.
|
New tower-based WCFs (not covered by lines A through D above)
|
Within 30 days after the application is submitted
|
Within 150 days of submission of a complete application
|
NOTES:
|
---|
*
|
The time period may be tolled by mutual agreement or in cases
where the Township informs the applicant in a timely manner that the
application is incomplete. If an application is considered incomplete,
the time period begins running again as soon as the applicant makes
a supplemental submission, but may be tolled again if the Township
provides written notice to the applicant within 10 days that the application
remains incomplete and specifically delineates which of the deficiencies
specified in the original notice of incompleteness have not been addressed.
|
**
|
The Township shall only require the applicant to provide documentation
that is reasonably related to determining whether the request is for
an eligible facility.
|
2. Applications.
A. Applications will include all applicant information required by the
Township, in such number and format as the Township may direct.
B. A fully dimensional site plan, plans and elevations drawn to scale
shall be submitted, showing:
(1)
Any existing wireless communications facilities, equipment or
supporting structures known to the applicant within 1,000 feet of
the proposed WCF.
(2)
The proposed WCF or similar infrastructure deployment and dimensions
of all equipment to be used therewith.
(3)
The legal boundaries of the property and any leased area on
which the WCF or similar infrastructure deployment will be sited.
C. Visual impact demonstrations using photographic simulations of the
proposed WCF or similar infrastructure deployment as seen from reasonable
surrounding locations and angles, and showing the color of all equipment,
shall be submitted.
D. A written description of all stealth technology to be employed, and
landscaping or screening plans, shall be submitted.
E. Licensing and Applicable Regulations. If the applicant is a commercial
wireless communications provider, it must demonstrate that it is licensed
by the Federal Communications Commission (FCC) and submit with its
application copies of all FCC permits and licenses and by any PUC
certification.
F. Emissions. The applicant must demonstrate that the proposed WCF or
similar infrastructure deployment will comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic emissions.
G. Insurance. The applicant shall provide a certificate of insurance
issued to the applicant, evidencing that there is or will be adequate
current liability insurance in effect.
3. Application Fees.
A. Applications shall be accompanied by the nonrefundable application
fees set forth below or such others fees as may be adopted by resolution
of Township Board of Supervisors:
(1)
Small cells: $500 for a single upfront application that includes
up to five small wireless facilities, with an additional $100 for
each small wireless facility beyond five, said fees to cover both
zoning and Building Safety Code approvals.
(2)
New tower (non-small-cell): $1,000.
(3)
Co-location on existing tower (non-small-cell): $500.
(4)
New non-tower-based WCF inside the right-of-way (non-small-cell):
$500.
(5)
Eligible facilities requests that do not substantially change
the tower or base station (non-small-cell): $100.
(6)
Modifications with substantial change (non-small-cell): $500.
B. In addition to the nonrefundable application fees set forth above,
the applicant shall reimburse the Township for all reasonable costs
of its Engineer, Solicitor and other experts or consultants in connection
with review of the application. An initial deposit towards such review
fees of $1,000 for a new, non-small-cell tower inside the ROW shall
accompany the application and be applied to reimbursable review fees
as they are incurred. If at any time the remaining deposit balance
is below 50% of the initial deposit, then the applicant shall replenish
the account up to the original amount. If the amount deposited exceeds
the Township's actual review costs, the remaining balance shall
be refunded to the applicant.
C. The Township may modify the fees as set forth in this Part by a resolution
adopted at a public meeting.
4. Appeals.
A. Any person aggrieved by a determination by the Township or any Township
official with respect to issuance or denial of a permit under this
Part may appeal, pursuant to the Local Agency Law.
(1)
Requests for an appeal shall be in writing and must be filed
with the Township Secretary within 30 days of the determination appealed
from.
(2)
A request for an appeal shall be accompanied by:
(a)
A nonrefundable appeal fee in the amount of $100, or such other
fee as set by resolution of the Township Board of Supervisors; and
(b)
A deposit of $300 to be used to pay expenses of advertising
and court reporters. If the deposit is less than actual costs, the
appellant shall pay the difference. If the deposit exceeds actual
costs, the difference shall be refunded in full.
(c)
The Board of Supervisors may hear the appeal or designate a
hearing tribunal or hearing officer to hear and/or rule upon the appeal.
[Ord. No. 6-2021, 9/9/2021]
1. Discontinuation. In the event that use of a tower-based WCF is planned
to be discontinued, the owner/operator shall provide written notice
to the Township of its intent to discontinue use and the date when
the use shall be discontinued.
2. Unused or abandoned WCFs or similar infrastructure deployments or
portions thereof shall be removed as follows:
A. All unused or abandoned facilities shall be removed within six months
of the cessation of operations at the site unless a time extension
is approved by the Township. In the case of towers, the foundation
must also be removed.
B. If the facility is not removed within six months of the cessation
of operations at a site, or within any longer period approved by the
Township, the facility and equipment may be removed by the Township,
and the Township's costs in connection with removal, including
professional or consultant fees, and the cost of removal work and
site remediation, may be assessed against the owner of the facility
or the property upon which the facility was located.
C. Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations.
D. As long as any portion of a WCF, whether used or unused, remains
in the ROW, including but not limited to a tower foundation, the annual
fee for use of the ROW established, pursuant to § 21-410,
shall be owed for any year or part of a year during which the ROW
is so occupied by the WCF or portion thereof.
[Ord. No. 6-2021, 9/9/2021]
1. Imposition of Fees.
A. In addition to permit application fees, every WCF or similar infrastructure
deployment in the right-of-way is subject to the Township's right
to impose annually a fair and reasonable fee to be paid for use and
occupancy of the right-of-way. Such annual fee shall be directly related
to the Township's costs of owning, maintaining, and managing
the right-of-way and to the loss of use to the Township of that portion
of the right-of-way consumed by the proposed facility. Fees not covered
by a franchise agreement or similar contractual arrangement shall
be as follows:
(1)
Small wireless facilities: $270 per calendar year or portion
thereof per small wireless facility in the Township ROW.
(2)
Non-small wireless facilities in the Township ROW: $270 per
calendar year or portion thereof per WCF plus $100 per calendar year
or portion thereof for a ground-mounted equipment compound located
within the ROW.
B. By resolution, Township Board of Supervisors may adjust the fees
described herein or may impose additional fees.
[Ord. No. 6-2021, 9/9/2021]
1. Applications for tower-based WCFs shall, in addition to meeting other
applicable requirements of this Part, meet the following requirements:
A. The applicant shall provide to the Township, prior to issuance of
a permit for construction, financial security to guarantee the removal
of any tower-based WCF. Such financial security shall be in an amount
determined by the Township Engineer based upon industry standards
for removal and shall be acceptable in form and content to the Township
Engineer.
B. No tower-based WCF or similar infrastructure deployment shall be
located within 100 feet of an area in which all utilities are located
underground.
C. The applicant shall provide evidence of the need for the proposed
tower and WCF, but shall not be required to provide proprietary data.
D. The applicant shall supply documentation demonstrating that any proposed
tower complies with all state and federal requirements regarding aviation
safety.
[Ord. No. 6-2021, 9/9/2021]
1. Before placing a WCF or similar infrastructure deployment within
the ROW, a public utility shall, pursuant to the Business Corporation
Law of 1988, 15 Pa.C.S.A. § 1511(e), obtain such permits
as are required hereunder. As used herein, the term "public utility"
refers to a person or corporation constituting a public utility under
the Pennsylvania Public Utility Code.
2. This Part is intended to impose lawful and reasonable regulations
upon a public utility to the extent authorized by the Business Corporation
Law, 15 Pa.C.S.A. § 1511(e) and by the First Class Township
Code and within the ambit of the traditional exercise of municipal
police powers. This Part is further intended to achieve the objectives
of protecting properties abutting the ROW as well as users of the
ROW and is not intended to regulate those aspects of a public utility's
operation governed by an applicable PUC regulation.
[Ord. No. 6-2021, 9/9/2021]
WCFs in the ROW may also be subject to the Canton Township Zoning
Ordinance, in which case the Zoning Ordinance shall control. An applicant
receiving zoning approval for a proposed facility shall not require
any additional permit or review or pay additional fees under this
Part.
[Ord. No. 6-2021, 9/9/2021]
1. Any person who is found to have failed to comply with the provisions
of this article may be fined up to $600 per day per violation. Each
day of violation shall be a separate offense.
2. In addition to the penalties and remedies contained herein, the Township
may take any action at law or in equity to seek redress for violation
of this Part.