A.
This title applies:
(1)
To the erection, emplacement, construction or maintenance
of telecommunications facilities upon, across, beneath or over any
public right-of-way other than for the provision of telecommunications
or cable services under franchise.
(2)
To leases for the erection, attachment, emplacement
or maintenance of antennas or other active or passive devices for
the transmission or reception of radio or optical signals through
transmission media not physically bounded, including towers and other
manmade structures, other than for or in support of the provision
of telecommunications or cable services under franchise or license.
B.
This article does not apply to communications circuits
and lines installed in conjunction with the facilities of a public
utility where those circuits and lines are utilized solely for communications
for and in connection with the internal conduct of the utility's own
affairs.
Upon approval by the Township Manager of an
application in proper form, the Township of Springfield shall issue
a license to any person demonstrating a need in the course of its
business to emplace or operate private communications lines in the
public rights-of-way to facilitate internal communications between
or among its place of business. Such license shall not authorize the
provision of telecommunications services for hire. Operation under
such a license does not require payment of any franchise fee. However,
the license is contingent on the licensee paying the full costs caused
to the township and to adjacent landowners as specified in the terms
of the license.
Upon recommendation of the Township Manager,
the Township of Springfield may enter into with telecommunications
providers and other radio users, leases for appropriate tower sites,
antenna space on towers and other supporting structures and for accessory
buildings on Township of Springfield property. Such leases shall contain
commercially reasonable provisions protecting the interests of the
Township of Springfield and shall comply with all applicable provisions
of the general laws of the Township of Springfield.
The lessee shall be responsible for obtaining
in a timely manner at its own expense any required approvals for its
antenna or antenna structure from the Federal Aviation Administration
or the Federal Communications Commission, or the successors of either,
any required zoning from the Township of Springfield and any building
or electrical permits and inspections from the Township of Springfield.
On any antenna structure which is not occupied by a Township of Springfield-owned
antenna already subject to the tower registration, lighting and aeronautical
painting requirements of the FAA or FCC, or the successors of either,
the lessee shall be financially responsible for the tower registration,
lighting and aeronautical painting requirements applicable to its
antenna and/or supporting structure.
