[HISTORY: Adopted by the Board of Supervisors of the Township
of Schuylkill 10-7-1998 by Ord. No. 98-01. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 370.
Operators of wireless digital communication systems, generally
known as "micro cellular digital networks" (MCDN), as defined herein,
may locate and co-locate on utility poles in the Township, subject
to the regulation of this chapter, and broadcast in and through the
Township rights-of-way. Subject to obtaining the permission of the
owner(s) of the affected property, the operator may enter upon the
municipal right-of-way and to attach, install, operate, maintain,
remove, reattach, reinstall, relocate, and replace such number of
devices in or on poles or other structures owned by public utility
companies or other property owners located within the municipal right-of-way
as may be permitted by the public utility company or property owner,
as the case may be. Breach of any agreement will subject operator
to loss of license at the Township's discretion.
Operators shall not interfere in any manner with the existence
and operation of any and all public and private rights-of-way, sanitary
sewers, water mains, storm drains, gas mains, poles aerial and underground
electrical and telephone wires, electroliers, cable television, and
other telecommunications, utility, or municipal property, without
the express written approval of the owner or owners of the affected
property or properties, except as permitted by applicable laws.
No MCDN shall physically or functionally exclude or preclude
similar devices operated by others.
No MCDN device shall cause a nuisance condition, nor shall any
such device interfere with the operations of any other utility or
MCDN device.
MCDN network operators shall obtain and maintain a license to
be issued by the Township. Licenses shall be issued on proof of indemnification,
insurance and bonding for replacement and removal satisfactory to
the Board. Occupancy shall terminate if no current license is in effect.
Each MCDN network operator shall comply with all applicable
Federal Communications Commissions regulations applicable to its network.
Repeal of this chapter, upon the determination of the Board
of Supervisors that presently unknown or nonexisting facts or circumstances
make it contrary to the public interest to continue such system, shall
cause all rights to terminate on six months notice, and any installation
is made subject to this condition so that no vested rights shall occur
except to the extent set forth herein.
The Township may lease or license occupancy on public facilities,
but only on a nonexclusive basis, on terms and conditions which may
be set by the Board.
