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:
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
APPLICABLE CODES
Any of the following:
A.
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.
B.
Local zoning, land use, streets and sidewalks, rights-of-way
and permitting ordinances that comply with this chapter.
APPLICANT
A communications service provider that submits an application.
APPLICATION
A request submitted by an application to a municipality:
A.
For a permit to co-locate small wireless facilities; or
B.
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)].
CO-LOCATION or CO-LOCATE
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 [Public Law 98-549, 47 U.S.C. § 522(5)].
B.
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)].
C.
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [47 U.S.C. § 153(51)].
DECORATIVE POLE
A municipal pole that is specially designed and placed for
aesthetic purposes.
FCC
The Federal Communications Commission.
HISTORIC DISTRICT OR BUILDING
A building that is 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 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).
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 within the historic
district."
MICRO WIRELESS FACILITY
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 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 a municipality.
MUNICIPALITY
Any of the following:
A.
A city of the first, second, second class A or third class.
D.
A township of the first or second class.
F.
A home rule municipality.
G.
A similar general-purpose unit of government established by
the General Assembly.
RIGHT-OF-WAY (ROW)
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 antennas,
transmitters and receivers, used by a wireless provider that meet
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 paragraph.
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, as defined in 66 Pa.C.S. § 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 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.
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,
regular and backup power supplies or comparable equipment, regardless
of technological configuration.
B.
The term includes a small wireless facility.
C.
The term does not include any of the following:
(1)
The structure or improvements on, under or within which the
equipment is co-located.
(2)
The coaxial or fiber optic cables that are not immediately adjacent
to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
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.
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 SUPPORT STRUCTURE
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."
A.
Township" refers to the Township of Lancaster.
B.
Township pole" means a utility pole owned, managed, or operated
by or on behalf of the Township.
C.
"Code" means the Municipal Code of the Township of Lancaster.
D.
"Day" means calendar day.
E.
"Emergency" is a condition that:
(1)
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
(2)
Has caused or is likely to cause facilities in the right-of-way
to be unusable and result in loss of the services provided.
This chapter shall take effect 10 days after its passage, approval,
and publication.