[Adopted 9-5-2023 by Ord. No. 2023-3388]
No siting permit issued under this chapter shall be valid for
a period longer than 12 months unless construction has actually begun
and continuously and diligently is pursued to completion. Upon written
request from the applicant, the Planning Director, upon consultation
with the Construction Official, may extend the siting permit for a
period of up to 12 months so long as construction has begun at the
time that the applicant's request for an extension is made.
A small wireless facility siting permit shall not be required
for:
A. Routine maintenance of a small wireless facility.
B. The replacement of a small wireless facility with another small wireless
facility that is the same or smaller in size, weight and height to
the small wireless facility that is being replaced.
C. Provided, however, that on a location where the Township and/or another
provider has placed equipment or facilities, any routine maintenance
or replacement that is done shall not occur until written authorization
from the Township and/or the other provider, as the case may be, to
proceed is provided to the Township, which authorization to proceed
shall not unreasonably be withheld by the Township and/or the other
provider.
D. Provided, further, that if the replacement of a small wireless facility
with another small wireless facility includes replacement of the structure
to which the small wireless facility is attached, then an application
for a siting permit shall be required.
E. Notwithstanding anything to the contrary in this §
492-7, permits are required for any activity that involves any road closure or other activity that will impact vehicle or pedestrian traffic.
An applicant whose siting permit includes the installation of
any new smart pole structure of any of the types defined by this chapter
shall provide the Township with access to space within the smart pole
structure for the purpose of deploying the Township's own equipment,
including but not limited to public access Wi-Fi, 911 call service
or security cameras. Notwithstanding the foregoing, the Township's
use shall not interfere with small wireless facilities of any other
users of that smart pole. Any Township use pursuant to this section
shall include a reimbursement to the applicant, on an annual basis,
of the costs, on a dollar-for-dollar basis, of providing the Township
with such access. Such costs shall be limited to the costs of providing
electricity to the components used by the Township and the costs of
any repairs required to be made to the components used by the Township,
unless the repair costs are necessitated by the acts of the applicant
or subsequent owner of the structure, without regard to whether such
acts are negligent or intentional.
If any section, subsection or paragraph of this chapter be declared
unconstitutional, invalid or inoperative, in whole or in part, by
a court of competent jurisdiction, such chapter, section subchapter
or paragraph shall to the extent that is not held unconstitutional,
invalid or inoperative remain in full force and effect and shall not
affect the remainder of this chapter.
All ordinances and resolutions, and parts of ordinances and
resolutions which are inconsistent with provisions of this chapter
shall be, and are hereby, repealed to the extent of any such inconsistency.
This chapter shall take effect upon final adoption and publication
in accordance with law.