[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Makefield 8-3-2022 by Ord. No. 431. Amendments noted where applicable.]
A. 
Purpose. This chapter shall establish policies and procedures consistent with all applicable federal and state laws for the consideration, approval, placement, installation, co-location, modification, operation, regulation and/or removal of small wireless facilities (SWF) in the public right-of-way of streets and roads.
B. 
Intent. The intent of this chapter is:
(1) 
Establish basic criteria for applications to install, modify and/or collocate SWF in the public right-of-way;
(2) 
Ensure that SWF are appropriately designed, constructed, modified, maintained and removed when no longer in use, in conformance with all applicable health and safety regulations;
(3) 
Preserve the character of the Township by minimizing the potentially adverse visual impact of SWF through careful design, siting, landscaping and, to the extent possible, camouflaging techniques to blend these facilities into their environment to the maximum extent possible;
(4) 
Establish an application process and structure for payment of fees and charges to be uniformly charged to all applicants, operators and owners of SWF;
(5) 
Comply with, and not conflict with or preempt, all applicable state and federal laws, as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes;
(6) 
Limit interference with the use of streets, sidewalks, alleys, public utilities, public views, certain Township corridors and other public ways and places;
(7) 
Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; and
(8) 
Limit environmental damage, including damage to trees.
A. 
Zoning. Any entity or individual that meets the definition and requirements of a small wireless facility, as defined under Act 50 of 2021,[1] shall be permitted to install or collocate or modify an associated utility pole in the rights-of-way as a permitted use, subject to the provisions of this chapter, and shall be exempt from local zoning regulations where required by the Act. Any other wireless facilities not meeting the definition of a small wireless facility shall remain subject to all applicable zoning regulations.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
B. 
Subject to the provisions of this chapter and the granting of required permits, an applicant may locate or collocate a SWF and construct, maintain, modify, operate or replace wireless support structures in, along, across, upon and over a public right-of-way.
C. 
An applicant and/or operator of a SWF shall comply with this chapter and any rules, regulations and design guidelines adopted by the Township that are consistent with this chapter for the installation and/or collocation of a SWF, and any related activities for a SWF within the right-of-way.
D. 
All SWF shall be constructed and maintained so to not impede or interfere with public safety or the legal use of the public right-of-way by the Township, the traveling public or other public utilities.
E. 
Nothing in this chapter shall prelude the Township from applying its generally applicable health safety and welfare regulations when acting on an application for a permit for as SWF in the public right-of-way.
The following words and phrases, when used in this chapter, shall have the following meanings given to them, unless the context clearly indicates otherwise. Singular shall mean plural, plural shall mean singular.
ANTENNA
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provisions of all type of wireless communications service.
APPLICABLE CODES
Any of the following: 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; and local zoning, land use, streets and sidewalks, rights-of-way and permitting ordinances that comply with this act.
APPLICANT
A telecommunications service provider that submits an application.
APPLICATION
A request submitted by an applicant to a municipality for a permit to collocate small wireless facilities; or to approve the installation, modification or replacement of a utility pole with small wireless facilities attached.
CABLE FACILITY
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 system" shall have the meaning given to it in Section 602(6) of the Cable Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(7)].
COLLOCATION or COLLOCATE
To install, mount, maintain, modify or replace small wireless facilities on an existing utility pole or other wireless support structure.
COMMUNICATIONS FACILITY
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.
COMMUNICATIONS SERVICE PROVIDER
Any of the following:
A. 
A cable operator as defined in Section 602(4) of the Cable Communications Policy Act of 1984;
B. 
A provider of information service as defined in Section 3(20) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)];
C. 
A telecommunications carrier as defined in Section 3(44) of the Communications Act of 1934 [47 U.S.C. § 1153(51)];
D. 
A wireless provider.
DECORATIVE POLE
A municipal pole that is specially designed and placed for aesthetic purpose.
FCC
Federal Communications Commission.
HISTORIC DISTRICT OR BUILDING
A building or a group of buildings, properties or sites that are:
A. 
Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register.
B. 
Determined to be eligible for listing by the Keeper of the National Register of Historic Places who has been delegated the authority by a federal agency to list properties and determine their eligibility for the National Register of Historic Places (relating to nationwide programmatic agreement regarding the Section 106 of the National Historic Preservation Act review process).
C. 
Marked as a historical site by the Pennsylvania Historical and Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical and museums).
D. 
Within a historic district created pursuant to the Act of June 13, 1961 (P.L. 282, No. 167), entitled "An act authorizing counties, cities, boroughs, incorporated towns and townships to create historic districts within their geographic boundaries; providing for the appointment of Boards of Historical Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings with the historic districts."
MICRO WIRELESS FACILITIES
A small wireless facility that:
A. 
Does not exceed two cubic feet in volume; and
B. 
Has an exterior antenna no longer than 11 inches.
MODIFICATION or MODIFY
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 Section 1.6100(b)(7) (relating to wireless facility modifications), the physical dimension of the small wireless facility or utility pole.
MUNICIPAL POLE
A utility pole owned, managed or operated by or on behalf of the Township.
RIGHT-OF-WAY
The area on, below or above a public roadway, highway, street, sidewalk, alley, utility easement or similar property. The term does not include a federal interstate highway.
SMALL WIRELESS FACILITY
The equipment and network components, including antenna, transmitters and receivers, used by a wireless provider that meeting the following qualifications:
A. 
Each antenna associated with the deployment is no more than three cubic feet in volume.
B. 
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. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this subsection.
TECHNICALLY FEASIBLE
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 material reduction in the functionality of the small wireless facility.
UTILITY FACILITY
Buildings, other structures and equipment owned or operated by a public utility a defined in 66 Pa.C.S.A. § 102 (relating to definitions) to provide service.
UTILITY POLE
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 collocation. 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.
WIRELESS FACILITY
As follows:
A. 
Equipment at a fixed location that enables wireless service between user equipment and a communications network, including any of the following:
(1) 
Equipment associated with wireless services.
(2) 
Radio transceivers, antennas, coaxial or fiber-optic cables that are not immediately adjacent to or directed associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
A person authorized by the Pennsylvania Public Utility Commission to provide telecommunications services in this commonwealth that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless service provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
Services, whether at a fixed location or mobile, using a licensed or unlicensed spectrum, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER
A person or entity who provides wireless services.
WIRELESS SUPPORT STRUCTURE
The term shall have the same meaning given to it in the Act of October 24, 2021 (P.L. 1501, No. 191), known as the "Wireless Broadband Collocation Act."[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
A. 
Permit required. No person or entity shall place, install a new or collocate any existing SWF or associate utility pole in the right-of-way without first filing an application as required by this chapter and obtaining a permit from the Township, except as provided otherwise in this chapter. While notice to the Township is required, no permit from the Township shall be required for routine maintenance or same-size-and-type replacement of SWF that do not interfere with pedestrian or vehicular traffic.
B. 
Applications. All applications for permits filed in accordance with this chapter shall be on a form, paper or electronic, as provided by the Township.
C. 
Application requirements. The applicant or its/his/her duly authorized agent shall include the following:
(1) 
The wireless provider's name, address, telephone number, email address and name of contact person;
(2) 
The applicant's name, address, telephone number and email address, if different than the wireless provider, and the applicant's interest in the project;
(3) 
The names, addresses, telephone numbers and email addresses of any and all consultants, if any, acting on behalf of the applicant or wireless provider;
(4) 
A general description of the proposed work and the purposes and intent of the small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work described, particularly emphasizing those matters or conditions affected or impacted by the work proposed;
(5) 
A site plan, with sufficient detail, to show the proposed location of items that the applicant seeks to install or collocate in the right-of-way, including any manholes or poles, the size, type and depth of any conduit or enclosure;
(6) 
An attestation that the small wireless facilities will be operational for use by a wireless service provider within one year after the date of issuance of the permit, unless the Township and applicant agree to extend this period;
(7) 
An attestation or verification that the SWF will comply with this chapter, including all applicable small wireless facilities design guidelines;
(8) 
Evidence that applicant has received all necessary certificate of public convenience and necessity or other required authority from the FCC or a statement that such certification or authority is not required;
(9) 
A copy of any approved Pennsylvania Department of Transportation (PaDOT) permit and any other documents issued by PaDOT as part of the encroachment permit application, if the proposed location is within a PaDOT right-of-way;
(10) 
The owner's written approval and authority for the use of any structure or poles that the applicant does not own;
(11) 
Statement that the applicant has a lease, attachment agreement or other authorization from the owner of the wireless support structure proposed for collocation; and
(12) 
An attestation that, to the best of the applicant's information, knowledge and belief, the information contained in the application is true and correct.
A. 
Right-of-way access fees. Each individual applicant shall be subject to an annual right-of-way access fee if locating within a Township-owned public right-of-way. Said fee shall be determined and approved, by resolution, by the Township's Board of Supervisors, and shall not be in excess of those amounts deemed reasonable by the Federal Communications Commission.
B. 
Application processing fee. All applications for permits shall include a payment of the application fee of $500 for a single up-front application that includes up to five small wireless facilities, with an additional fee of $100 for each small wireless facility beyond five. In addition to the application fees as stated in this chapter, each applicant shall pay a fee of $1,000 for a new pole (not collocation) intended to support one or more SWF. Such costs may be modified, from time to time, by resolution approved by the Township's Board of Supervisors in such amounts as reasonable and permitted under federal and state law.
C. 
Consolidated applications. An applicant may submit a consolidated application for no more than 20 SWF if all SWF in the consolidated application are the same type. A single applicant shall not exceed an application for 20 SWF in any thirty-day period. If the Township denies the application for one or more small wireless facilities in a consolidated application, the Township may not use the denial as a basis to delay the application process for any of the other SWF in the consolidated application. A single permit may be issued by the Township for the siting and collocating multiple SWF spaced to provide wireless coverage in a contiguous area.
D. 
Compensation. In addition to the application fees set forth in this chapter, each applicant shall pay an annual right-of-way access fee of $200 per SWF per year, and/or other taxes and fees as may now or hereafter be lawfully imposed on other businesses within the Township. Additionally if the SWF is proposed to be located upon a Township-owned pole with a right-of-way, and the Township consents to the collocation, an additional annual fee of $70 per SWF shall be payable to the Township for such placement. The additional compensation fees may be modified, from time to time, as approved by the Board of Supervisors, by resolution in compliance with applicable federal and state laws.
E. 
Cease payment. Upon 30 days advance written notice to the Township, any applicant or owner is authorized to remove its SWF from a Township-owned pole and cease paying the annual fee to the Township effective the date of the next due payment following the removal; provided, however, that the applicant or owner shall pay its pro rata share of the remaining term, if any.
F. 
Exemption from compensation and access fees. Any SWF collocated on any Township-owned poles not situate within a right-of-way shall not be required to pay any access fee, but shall pay the annual compensation as set forth in this chapter. Any SWF collocated on any pole not owned by the Township but situate within the public right-of-way shall pay the right-of-way access fee set forth herein.
A. 
Completeness. Within 10 business days of receipt of an application, the Township shall review the application, determine completeness, and if not complete, notice the applicant if the application is materially incomplete. If materially incomplete, the Township will notify applicant, in writing, of the specific missing information. The processing deadline of any amended or revised application shall restart at zero on the date that the applicant submits or provides the missing information.
B. 
Application for collocation of SWF. Unless agreed, in writing, otherwise between the Township and applicant, the Township shall grant or deny any application to collocate, or to replace or modify any portion of a SWF on or associated with an existing wireless support structure no later than 60 days of the receipt of the completed application.
C. 
Application for new SWF. Unless agreed, in writing, otherwise between the Township and applicant, the Township shall grant or deny any application to replace an existing utility pole or install a new utility pole with SWF attached no later than 90 days of the receipt of the completed application.
D. 
Application denials.
(1) 
After review, the Township may deny an application for a proposed SWF if the proposed application:
(a) 
The SWF materially interferes with the safe operation of traffic control equipment, sight line or clear zones for transportation of pedestrians or compliance with the American with Disabilities Act of 1990,[1] or similar federal or state standards regarding pedestrian access or movement; or
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(b) 
The SWF fails to comply with applicable codes; or
(c) 
The SWF fails to comply with the requirements specified under the Small Wireless Facilities Deployment Act,[2] known as "Act 50 of 2021"; or
[2]
Editor's Note: See 53 P.S. § 11704.1 et seq.
(d) 
The applicant fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.
(2) 
Any denial by the Township shall be in writing of the denial, setting forth the specific provisions of applicable codes on which the denial is based. The written notice of denial shall be mailed to the applicant within five business days of the denial.
(3) 
The applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of the denial without paying an additional application fee. The Township show approve or deny the revised application within 30 days of the application being resubmitted for review. The Township will review only the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Township shall have an additional 15 days beyond the otherwise required thirty-day review period to review the resubmitted application and an additional application fee shall be paid by the applicant.
E. 
Authority granted; permit and no property interests. A permit issued by the Township in accordance with this chapter authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create any property right or interest, nor does the issuance of a permit grant authority to an applicant to impinge upon the rights of others who may already have a property interest in any right-of-way.
A. 
Upon receipt of a completed application for a SWF permit and all required fees, the Township, through the Department of Building and Planning, shall review the application to determine whether the proposed small wireless facility and support structure or pole comply with the following general design criteria:
(1) 
Applicant may mount antenna facilities as follows:
(a) 
An existing utility pole, provided the installation of the facilities does not extend more than five feet above the pole; and
(b) 
On a new or replacement pole not exceeding a height of 50 feet.
(2) 
Each antenna associated with the deployment (excluding the associated equipment) may not exceed three cubic feet in volume; and
(3) 
All other equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.
A. 
The Township, from time to time, may adopt by resolution certain small wireless facility design guidelines with objective, technically feasible criteria to be applied in a nondiscriminatory manner that match the aesthetics and character of the immediate area where the proposed SWF shall be located. The Township shall have the authority to update or supplement the design guidelines, from time to time, to address changes in the law, technology, administrative process or other relevant changes affecting SWF.
B. 
The design guidelines for SWF may include examples of preferences, including visual depictions (if readily available and identified by the Township).
C. 
The provisions of this chapter shall not limit or prohibit the Township's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from the SWF design guidelines so long as the information, materials or requirements do not conflict or contradict state or federal law.
D. 
All small wireless facilities and associated equipment located within public rights-of-way shall be meet ADA requirements and shall not hinder, obstruct or impede usual pedestrian or vehicular traffic.
E. 
General guidance and conditions:
(1) 
All collocations described in this chapter which use utility pole installations, modifications and replacements shall be constructed from the same or similar material as similar poles installed and as required by the Township so that those poles can support SWF, and withstand wind forces and ice loads in accordance with applicable engineering standards. All modification and improvements shall be securely bound in accordance with applicable engineering standards;
(2) 
All facilities and associated equipment shall blend with existing natural surroundings and structures. All screening, equipment, and enclosures shall blend with or enhance surrounding context in terms of scale, form, texture, materials and color;
(3) 
Improvements may include guy wires and similar support structures for existing utility poles which require guy wires and/or similar support structures in existence prior to the date of the application for the proposed application;
(4) 
The SWF, including any ground-mounted equipment, shall satisfy all grounding standards, as determined by the requirements of the most recent edition of the National Electrical Code adopted by the Township regarding grounding of wireless facilities;
(5) 
All wires, antennas and other small wireless facility equipment shall be enclosed so none are visible;
(6) 
No brand logos or other signage may be displayed other than required contact information for workers as required by state and/or federal law. Visibility may not exceed street level;
(7) 
Any SWF installed in a historic district shall comply, to the greatest extent possible, with the design and aesthetic standards of the historic district or historic preservation standards adopted by the Township, to minimize the negative impact to the aesthetics in these districts or areas. Nothing in this chapter shall be construed to limit the Township's authority to enforce historic preservation zoning regulations in effect at the time, including, but not limited to, any regulations consistent with local, state or federal law, and any regulations adopted to implement those laws;
(8) 
SWF shall be constructed, maintained, and located in a manner as to not obstruct, endanger or hinder the usual travel or public safety on a right-of-way, damage or interfere with other utility facilities located within a right-of-way or interfere with the other utility's use of the utility's facility(ies) located or to be located within the right-of-way;
(9) 
SWF shall be located in such so as not to interfere with any public health or safety facility, including, but not limited to, fire hydrants, fire stations, fire escape, water valve, underground vault, or any other public health or safety facility. No SWF or associated improvement shall be installed or constructed directly over any water, sewer or reuse main or service line;
(10) 
A small wireless facility owner shall maintain all equipment in good condition, order and repair by qualified maintenance and construction personnel so that the equipment shall not menace or endanger the health, safety and welfare of any person or property. Any SWF shall be subject to compliance with all applicable codes, ordinances and regulations of the Township, including any applicable property maintenance requirements and inspections by the Township's Code Enforcement Officer(s);
(11) 
A wireless provider or owner shall, at its sole cost and expense, repair any damages, including, but not limited to, cracking, erosion, collapse, weakening or loss of lateral support to the streets, sidewalks, curbs, gutters, walks, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility lines and systems or sewer and water systems directly resulting from any activities performed in connection with the installation and/or maintenance off a small wireless facility in a right-of-way. The wireless provider or owner shall restore such areas, structures and systems to the same condition in which they existed prior to the installation or maintenance or repairs. If a provider or owner fails to make the necessary repairs as required by this chapter within 30 days after written notice by the Township, the Township may perform those repairs and may charge the provider or owner the reasonable and documented cost off the repair in addition to a penalty not to exceed $500. The Township may also suspend the ability of the provider and/or owner, as an applicant, to receive a new permit from the Township until the amount of the repair and penalty have been paid.
A. 
Permit effect and duration. The approval terms for collocation or new pole installation shall be for a period not to exceed nine months. If construction, installation or collocation has not begun within the nine-month period, a new application must be submitted for review with payment of any required fee. The issuance of a permit under this chapter does not vest or confer any property rights in the applicant, wireless provider or owner, and the permit authorizes the applicant to undertake those activities as listed on the permit.
B. 
Compliance with all applicable laws, codes and regulations. Any owner or permittee of a small wireless facility approved by the Township under this chapter shall comply with all other applicable federal, state and local laws, regulations, ordinances or other rules. If any federal or state standards or regulations regaridng small wireless facilities are amended, the wireless provider or owner of any SWF shall bring any facility and/or structure into compliance with the amended standards or regulations within the time mandated by the amendment or, if no time is mandated under the amendment, then compliance shall occur as soon as practical under the circumstances but no longer than 90 days after the effective date of the amendment. The wireless provider or owner is obligated to be kept informed and aware of any new federal or state standard or regulation that may be amended. Failure to bring any SWF into compliance with any revised standards and regulations shall constitute grounds for removal of the facility at the owner's expense.
C. 
Inspections/emergencies. The Township or its authorized agent and/or designee may inspect any portion of SWF in any right-of-way upon reasonable notice by the Township to the owner. The owner shall comply with all inspections. If any condition exists of the facility that presents imminent harm to persons or property, the owner shall immediately support, repair, disable or remove any elements of the facility as required by the Township. Due to exigent and emergent circumstances, the Township reserves the right to make repairs as may be required to eliminate the imminent threat of harm to persons or property at the owner's sole costs and expense.
D. 
Relocation or adjustments. If requested by the Township, in order to accommodate construction or maintenance activities directly related to improvements for the health, safety and welfare of the public, a wireless provider or owner shall relocate or adjust its facilities within the public right-of-way at no cost to the Township which requests shall be binding upon other users in or on such public way. Such relocation or adjustment shall be completed in accordance with applicable laws.
E. 
Contact information for responsible parties. Within 10 days of any changes to any of the contact information provided in the application for a permit, the applicant or owner or wireless provider shall provide notice of the change with new contact information to the Township.
F. 
Indemnification. Any entity who owns or operates a SWF in the public right-of-way shall indemnify, protect, defend and hold the Township and its officials, administrators, agents employees and volunteers harmless from and against any and all claims, lawsuits, judgements, costs, liens, losses, expenses, fees, including, but not limited to, reasonable attorneys' fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence, failure or willful misconduct of the entity who owns or operates the SWF and wireless service in the right-of-way, including any actions of any agent, officer, director, representative, employee, affiliate or subcontractor of the operation or their respective officers, agents, employees, directors or representatives while installing, repairing or maintaining the facilities in the right-of-way.
G. 
Good condition required. All SWF shall be kept and maintained in good condition, order and repair, at all times, by a qualified maintenance and construction personnel, so that the SWF shall not menace or endanger the health, safety or welfare of any person or property. All SWF shall be subject to generally applicable property maintenance and other applicable requirement or regulations and to visual inspection by Township Code Enforcement Officers.
H. 
Relocation for public improvements project. To the extent that the Township requires it to do so in the reasonable exercise of its police powers, any owner or provider of a SWF shall remove and relocate the permitted SWF at no cost to the Township to accommodate any construction of a public improvement project by the Township.
I. 
Future use. The Township reserves the right to reserve space on any existing municipal pole for future public safety or transportation uses in any documented and approved plan, including, but not limited to, any comprehensive plan, as adopted by the Township. A reservation of space by the Township shall not preclude collocation, the replacement of an existing utility pole or the installation of a new utility pole. If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.
A. 
If a SWF is discontinued for a period of 120 days or more, or is abandoned without notice from the owner, the SWF shall be considered abandoned and the Township may remove it at owner's expense if the Township provides written notice of its intent to remove. If the owner, within 30 days after receipt of such written notice from the Township, does not reply to the Township, in writing, that the SWF continues to be in operation, the Township may proceed to remove, and the costs for removal shall be collectible as allowed by law.
B. 
The Township reserves the right to inspect and to request information from the owner, which the owner shall provide following the request, as to the continued use of the SWF within the right-of-way.
Nothing in this chapter authorizes the collocation of small wireless facilities on:
A. 
Property owned by a private party without the written consent of the property owner;
B. 
Property owned or controlled by a unit of local government that is not located within the public right-of-way without the written consent of the unit of local government (local governments are, however, required to authorize the collocation of small wireless facilities on utility poles owned or controlled by the local government or located within rights-of-way to the same extent the local government permits access to utility poles for other commercial projects or uses);
C. 
A privately owned utility pole or wireless support structure, without the consent of the property owner; or
D. 
Property owned, leased or controlled by a park district, farmland or forest preserve district or conservation district for public park, recreation or conservation purposes, without the consent of the affected district.
All other ordinances, portions of ordinances, or any section of the Code inconsistent with this chapter, are hereby repealed.
The provisions of this chapter are severable. If any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this chapter. It is hereby declared to be the intent of the Township Board of Supervisors that this chapter would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.
Nothing in this chapter or chapter shall be interpreted to relieve any individual from compliance with all other ordinances, resolutions, laws and regulations of the Township of Lower Makefield, of the County of Bucks, of the Commonwealth of Pennsylvania, or of the United States.
This chapter shall be effective five days after enactment, as provided by law.