[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster 7-11-2022 by Ord. No. 2022-01. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to establish policies and
procedures for the placement of small wireless facilities and associated
utility poles in rights-of-way within the Township's jurisdiction,
to provide public benefit consistent with the preservation of the
integrity, safe usage, and visual qualities of the Township rights-of-way
and the Township as a whole.
B.
Intent. In enacting this chapter, the Township is establishing uniform
standards to address issues presented by small wireless facilities,
including, but not limited to:
(1)
Limit interference with the use of streets, sidewalks, alleys, parkways,
public utilities, public views, certain Township corridors, and other
public ways and places;
(2)
Limit the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Limit interference with the facilities and operations of facilities
lawfully located in rights-of-way or public property;
(4)
Limit environmental damage, including damage to trees;
(5)
Respect the character of the neighborhoods and other areas in which
facilities are installed; and
(6)
Facilitate the efficient deployment of small cell facilities to provide
the benefits of advanced wireless services.
C.
Zoning. Applications to co-locate a small wireless facility or install
or modify an associated utility pole in the rights-of-way shall be
treated as a permitted use and exempt from local zoning regulation
review except in underground districts. Such applications shall not
be subject to discretionary zoning review, including conditional use
or special exception requirements. Any other wireless facilities not
meeting the definition of a small wireless facility shall be subject
to applicable zoning requirements.
D.
Conflicts with other chapters. This chapter supersedes all chapters
or parts of chapters adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
E.
Conflicts with state and federal laws. If applicable federal or state
laws or regulations conflict with the requirements of this chapter,
the wireless provider shall comply with the requirements of this chapter
to the maximum extent possible without violating federal or state
laws or regulations.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
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.
Local zoning, land use, streets and sidewalks, rights-of-way
and permitting ordinances that comply with this chapter.
A communications service provider that submits an application.
A request submitted by an application to a municipality:
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)].
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
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.
Any of the following:
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
A provider of the information service as defined in Section
3(2) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [47 U.S.C. § 153(51)].
A wireless provider.
A municipal pole that is specially designed and placed for
aesthetic purposes.
The Federal Communications Commission.
A building that is or a group of buildings, properties or
sites that are:
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register.
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 in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement for Review Regarding the Section 1-6 National Historic Preservation Act review process as specified under 47 CFR Part 1, Appendix C (relating to Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process).
Marked as a historical site by the Pennsylvania Historical and
Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical
and museums).
Within a historic district created pursuant to the act of June
13, 1961 (P.L. 282, No. 167),[1] 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 within the historic
district."
A small wireless facility that:
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 1.6100(b)(7) (relating to wireless facility modifications),
the physical dimension of the small wireless facility or utility pole.
A utility pole owned, managed or operated by or on behalf
of a municipality.
Any of the following:
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.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
Each antenna associated with the deployment is no more than
three cubic feet in volume.
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 paragraph.
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.
Buildings, other structures and equipment owned or operated
by a public utility, as defined in 66 Pa.C.S. § 102 (relating
to definitions), to provide service.
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 co-location.
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.
As follows:
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in this commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless services
provider.
A wireless infrastructure provider or a wireless services
provider.
A person who provides wireless services.
Services, whether at a fixed location or mobile, using a
licensed or unlicensed spectrum, provided to the public using wireless
facilities.
The term shall have the same meaning given to it in the act
of October 24, 2012 (P.L. 1501, No. 191), known as the "Wireless Broadband
Co-location Act."[2]
A.
Permit required. No person shall place a small wireless facility
or associated utility pole in the ROW, without first filing an application
and obtaining a permit therefor, except as otherwise provided in this
chapter.
B.
Application. All applications for permits filed pursuant to this
chapter shall be on a form, paper or electronic, provided by the Township.
The applicant may designate portions of its application materials
that it reasonably believes contain proprietary or confidential information
as "proprietary" or "confidential" by clearly marking each page of
such materials accordingly.
C.
Application requirements. An application shall be made by the wireless
provider or its duly authorized representative, shall comply with
all applicable FCC regulations, shall comply with the UCC, and shall
contain the following:
(1)
The wireless provider's name, address, telephone number, and
email address.
(2)
The applicant's name, address, telephone number, and email address,
if different than the wireless provider, its interest in the work
and its legal relationship to the wireless provider.
(3)
The names, addresses, telephone numbers, and email addresses of all
consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(4)
The name, address, telephone number and email address for the owner
of the pole (should wireless provider be seeking Township approval
to attach to an existing utility pole), as well as written proof that
the pole owner has authorized wireless provider to attach its equipment
to an existing pole.
(5)
A 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 to be
performed, with special emphasis on those matters likely to be affected
or impacted by the work proposed.
(6)
A site plan sealed by a professional engineer containing sufficient
detail to show the proposed location of items the applicant seeks
to install in the ROW, including any manholes or poles, as well as
the size, type, and depth of any conduit or enclosure.
(7)
Should the application propose the installation of a new utility
pole, an attestation that the applicant has made a good-faith determination
that it cannot meet its service reliability and functional objectives
of the application by co-locating on an existing utility or municipal
pole.
(8)
An attestation that the small wireless facilities will be operational
for use by a wireless services provider within one year after the
permit issuance date, unless the Township and the applicant agree
to extend this period.
(9)
An attestation that, to the best of the applicant's knowledge,
the information contained in the application is true.
D.
When application required. A street opening permit application shall
be required for any work performed within the right-of-way of the
Township.
E.
Application fees. All applications for permits to perform work within the right-of-way shall be accompanied by a fee pursuant to Chapter 231 of the Township of Lancaster Code.
F.
Additional fees.
(1)
Application fee. Wireless providers shall pay $500 for a single up-front
application for a pole license that may include up to five small wireless
facilities, with an additional $100 for each small wireless facility
beyond five; and $1,000 in nonrecurring fees for each new associated
utility pole.
(2)
Recurring fee for poles in right-of-way. Wireless providers shall
pay an annual right-of-way fee of $270 per small wireless facility
or $270 per new utility pole with a small wireless facility. Fees
charged may exceed those cited if the municipality demonstrates all
of the following:
G.
Consolidated applications.
(1)
An applicant may submit a consolidated application for up to 20 small
wireless facilities, if all the small wireless facilities in the consolidated
application are substantially the same type and within the same street
segment.
(2)
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 of any other
small wireless facility in the same consolidated application.
(3)
A single permit may be issued for siting and co-locating multiple
small wireless facilities spaced to provide wireless coverage in a
single street segment.
(4)
An applicant may not submit more than one consolidated or 20 single
applications in a single thirty-day period.
A.
Review of small wireless facility and utility pole applications.
(1)
Within 10 days of receiving an initial application, the Township will determine and notify the applicant in writing whether the application is complete. If an application is incomplete, the Township will specifically identify the missing documents or information. The time period set forth in Subsection A(2) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable time period set forth in Subsection A(2) shall be tolled until the applicant provides the missing documents and information. The time period will resume running on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(2)
All applications shall be processed on a nondiscriminatory basis,
and the Township shall approve or deny an application for co-location
of a small wireless facility on an existing structure within 60 days
of receipt of the application; or to deploy a small wireless facility
using a new structure within 90 days of receipt of the application.
(3)
An applicant and the Township may enter into a written agreement to toll the time periods set forth in Subsection A(2).
(4)
A township may deny a proposed co-location of a small wireless facility
or installation or modification of a utility pole if the proposed
application:
(a)
Materially interferes with the safe operation of traffic control
equipment.
(b)
Materially interferes with sight lines or clear zones for transportation
or pedestrians.
(c)
Materially interferes with compliance with the Americans with
Disabilities Act or similar federal or state standards regarding pedestrian
access or movement.
(d)
Fails to comply with reasonable and nondiscriminatory spacing
requirements that apply to other similar infrastructure deployments,
electric utilities in the ROW and that concern the location of ground-mounted
equipment and new utility poles.
(e)
Fails to provide proof of authorization/permission from the
pole owner for wireless provider to attach to its pole.
(5)
The Township must document the basis for a denial and, if applicable,
the specific Code provisions on which the denial was based and send
the documentation to the applicant within 10 days. 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 shall approve or deny the revised/amended
application within 30 days. Any subsequent review shall be limited
to the deficiencies cited in the original denial and any material
changes contained in the revised/amended application.
B.
Permit scope and effect. Installation, modification, or co-location
for which a permit is granted pursuant to this section shall be completed
within one year after the permit issuance date unless the Township
and the applicant agree to extend this period in writing. Approval
of an application authorizes the applicant, upon receipt of any other
applicable permits (such as a street opening permit), to:
(1)
Undertake the installation, modification, or co-location; and
(2)
Subject to applicable relocation requirements and the applicant's right to terminate at any time, operate the small wireless facilities and perform maintenance (upon receipt of any additional permits required to perform work in the right-of-way) upon any associated utility pole covered by the permit for a period of not less than 10 years. The Township may renew for equivalent durations so long as the facilities are in compliance with the criteria set forth in § 216-4A(4) and § 216-5 of this chapter.
C.
Authority granted; no property right or other interest created. A
permit from the Township authorizes an applicant to undertake only
certain activities in accordance with this chapter and does not create
a property right or grant authority to the applicant to impinge upon
the rights of others who may already have an interest in the ROW.
A.
Technical requirements. Small wireless facilities and utility poles
installed to support small wireless facilities in the ROW shall comply
with the following requirements:
(1)
Height of new small wireless facilities. New small wireless facilities
in the ROW may not extend:
(2)
Height of new or modified utility poles installed to support small
wireless facilities. Each new or modified utility pole installed in
the ROW shall not exceed the greater of:
(3)
Maximum size. The small cell facility must conform to the size and
height limitations as defined for a small cell facility in this chapter.
(4)
Utility poles. Utility pole installations, modifications, and replacements
relating to small wireless facility co-locations shall be fabricated
from material having a degree of strength capable of supporting the
small wireless facility and shall be capable of withstanding wind
forces and ice loads in accordance with applicable standards. A modification,
installation, or replacement shall be securely bound in accordance
with applicable engineering standards.
(5)
Color. Small wireless facilities shall be the color for the antenna
and related equipment that is consistent with or most blends into
the wireless support structure on which they are installed, unless
a different color is needed for public safety or service reliability
reasons.
(6)
Wiring and cabling. Wires and cables connecting the antenna and appurtenances
serving the small cell facility shall be installed in accordance with
the version of the National Electrical Code and National Electrical
Safety Code adopted by the Township and in force at the time of installation.
In no event shall wiring and cabling serving the small wireless facility
interfere with any wiring or cabling installed by a cable television
or video service operator, electric utility, or telephone utility.
(7)
Guy wires restricted. Guy wires and similar support structures may
not be used as part of the installation of any small wireless facility,
unless the small wireless facility is proposed to be attached to an
existing utility pole that incorporated guy wires prior to the date
of the small wireless application.
(8)
Grounding. The small wireless facility, including any ground-mounted
equipment, shall be grounded in accordance with the requirements of
the most current edition of the National Electrical Code or other
ordinance adopted by the Township regarding grounding of wireless
facilities.
(9)
Signage. Other than warning or notification signs required by federal
law or regulations, or identification and location markings, a small
wireless facility shall not have signs installed thereon.
(10)
Clearance. Small wireless facilities and their equipment which
is mounted on a pole shall have a clearance of not less than 18 feet
if located over a cartway and not less than 10 feet if not located
over a cartway.
B.
Aesthetic/other requirements. A wireless provider that seeks to co-locate
small wireless facilities or install or modify a utility pole supporting
small wireless facilities shall be subject to the following requirements:
(1)
Small wireless facilities shall be located such that they do not
interfere with a public health or safety facility, such as, but not
limited to, a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health
or safety facility. New utility poles and small wireless facilities
shall not be installed directly over any water, sewer, or reuse main
or service line.
(2)
New utility poles installed to support small wireless facilities
shall be made of the same or similar material and should be similar
in appearance to existing poles in the immediate area.
(3)
Any tree-disturbing activity necessary for the installation or co-location
of small wireless facilities and utility poles installed to support
them shall comply with the Township's applicable ordinances regarding
same.
(4)
Small wireless facilities and utility poles or wireless support structures
on which they are co-located shall not be lighted or marked by artificial
means, except when small wireless facilities are co-located on a light
pole or where illumination is specifically required by the Federal
Aviation Administration or other federal, state, or local regulations.
(5)
A wireless provider shall repair, at its sole cost and expense, any
damages, including, but not limited to, subsidence, cracking, erosion,
collapse, weakening, or loss of lateral support to Township streets,
sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic
signals, improvements of any kind or nature, or utility lines and
systems, underground utility line and systems, or sewer or water systems
and water and sewer lines that may have resulted from any activities
performed in connection with the installation and/or maintenance of
a wireless facility in the ROW. The wireless provider shall restore
such areas, structures, and systems to substantially the same condition
in which they existed and in compliance with the then-current restoration
specifications of the Township, prior to the installation or maintenance
that necessitated the repairs. If the wireless provider fails to make
the repairs required by the Township within 30 days after written
notice, the Township may perform those repairs and charge the wireless
provider the reasonable, documented cost of the repairs plus a penalty
of $500. The wireless provider who failed to make the required repairs
shall not be eligible to receive a new permit from the Township until
the wireless provider has reimbursed the repair costs and paid the
penalty or has deposited the repair cost and penalty in escrow pending
an adjudication of the merits of the dispute by a court of competent
jurisdiction.
(6)
Small wireless facilities shall blend in with the surrounding environment
or be otherwise concealed to the extent practicable. Any ground-mounted
accessory equipment that cannot be placed underground shall be screened,
to the fullest extent possible, through the use of landscaping or
other decorative features.
(7)
No small wireless facility may bear any signs or advertising devices
other than certifications, warnings, or other information as required
by federal or state law and/or regulation or by the Township Code
of Ordinances.
(8)
A wireless provider shall fully indemnify and hold the Township and
its officers, employees, and agents harmless against any claims, lawsuits,
judgments, costs, liens, expenses or fees or any other damages caused
by the acts, errors, or omissions of the wireless provider or its
officers, agents, employees, directors, contractors or subcontractors
while installing, repairing or maintaining small wireless facilities
or utility poles within the right-of-way.
C.
Undergrounding provisions. To the extent doing so would not violate
federal law, the applicant shall comply with requirements that prohibit
communications service providers from installing structures in the
ROW in areas designated solely for underground or buried cable and
utility facilities where the Township has required all cable and utility
facilities other than Township poles and attachments to be placed
underground by a date certain that is three months prior to the submission
of the application. The Director of Public Works may authorize the
replacement of Township poles in the designated area upon good cause
shown, as determined by the Director.
A.
Notice. Within 60 days following written notice from the Township,
a wireless provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change, or alter the
position of any small wireless facilities or utility pole for which
it has a permit hereunder whenever the Township has determined that
such removal, relocation, change or alteration is reasonably necessary
for the construction, repair, maintenance, or installation of any
Township improvement in or upon, or the operations of the Township
in or upon, the ROW.
B.
Emergency removal or relocation of facilities. The Township retains
the right to cut or move any small wireless facilities or utility
poles located within the ROW as the Township may determine to be necessary,
appropriate, or useful in response to any public health or safety
emergency. If circumstances permit, the Township shall notify the
wireless provider and provide it an opportunity to move its small
wireless facilities or utility poles prior to cutting or removing
them, and in all circumstances shall promptly notify the wireless
provider after cutting or removing a small wireless facility or utility
pole.
C.
Abandonment of facilities. The Township may require a wireless provider
to remove an abandoned small wireless facility or utility pole permitted
hereunder within 120 days of abandonment. Should the wireless provider
fail to timely remove the abandoned small wireless facility or utility
pole, the Township may remove the small wireless facility or utility
pole and may recover the actual cost of such removal from the wireless
provider. A small wireless facility or utility pole shall be deemed
abandoned at the earlier of the date that the wireless provider indicates
in any way that it is abandoning the small wireless facility or utility
pole, or the date that is 120 days after the date that the small wireless
facility or utility pole ceases to be used, unless the wireless provider
gives the Township reasonable evidence that it is diligently working
to place the small wireless facility or utility pole back in service.
A.
Applications to co-locate small wireless facilities on Township poles shall be processed under § 216-4 of this chapter. Applications shall not be denied unless they fail to meet the requirements of §§ 216-4 and 216-5, or unless there is insufficient capacity that cannot be remedied by rearranging, expanding, or otherwise reengineering the facilities at the reasonable and actual cost of the Township, to be reimbursed by the wireless provider.
B.
The Township shall provide a good-faith estimate for any make-ready
work to enable the municipal pole to support the requested co-location
by a wireless provider, including pole replacement, if necessary,
within 60 days after receipt of a complete application. Make- ready
work, including pole replacement, shall be completed within 60 days
of written acceptance of the good-faith estimate by the applicant.
C.
The Township may reserve space on municipal poles for their future
municipal use in a documented approved plan as adopted at the time
the application is filed. A reservation of space shall not preclude
co-location, the replacement of an existing utility pole, or the installation
of a new utility pole.
D.
If the replacement of a municipal pole is necessary to accommodate
co-location and the reserved future use, the wireless provider shall
pay for the replacement municipal pole and the municipal pole shall
accommodate the future use.
This chapter shall take effect 10 days after its passage, approval,
and publication.
