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 Mayor, 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 municipality 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 municipality and/or the other provider, as the case may be,
to proceed is provided to the municipality, which authorization to
proceed shall not unreasonably be withheld by the municipality 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 §
342-7, 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 that are defined in §
342-1, Definitions, to this chapter shall provide the Township of Manchester with access to space within the smart pole structure for the purpose of deploying Manchester Township's own equipment, including, but not limited to, public access Wi-Fi, 911 call service or security cameras. Notwithstanding the foregoing, the municipal use shall not interfere with small wireless facilities of any other users of that smart pole. Any municipal 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 of Manchester with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Township of Manchester and the costs of any repairs required to be made to the components used by the Township of Manchester, 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.
All ordinances or parts of ordinances inconsistent with this
chapter, to the extent of such inconsistencies only, be and the same
hereby are repealed.
Notwithstanding any provision to the contrary, nothing in this
code should be interpreted to have the effect of prohibiting or effectively
prohibiting the deployment of broadband or other communications services.
This chapter shall take effect immediately upon final passage
and publication as provided by law.