[Added 3-15-2021 by Ord.
No. 04-21]
A.
Purpose. The purpose of this article is to establish uniform policies
and procedures for the deployment and installation of small wireless
facilities in rights-of-way within the Township's jurisdiction and
owned by the Township, which will provide a public health, safety,
and welfare 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 article, the Township is establishing uniform
standards to address issues presented by small wireless facilities,
including without limitation, to:
(1)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and
other conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with existing facilities and operations
of facilities presently lawfully located in rights-of-way or public
property;
(4)
Ensure reasonable efforts are made to preserve the character
of neighborhoods in which facilities are installed;
(5)
Protect against environmental damage, including damage to trees;
and
(6)
Facilitate rapid deployment of small wireless facilities to
provide the benefits of reliable access to wireless telecommunications
technology, broadband and 9-1-1 services to homes, businesses, schools
within the Township.
C.
Conflicts with other chapters. This article supersedes all chapters
or parts of chapters adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
As used in this article, the following terms shall have the
meanings indicated:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless telecommunications
services.
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 to the extent not
inconsistent with the terms of this article.
Any person who submits an application and is a wireless telecommunications
provider.
A request submitted by an applicant:
To install, mount, maintain, modify, operate, or replace
wireless telecommunications facilities on or adjacent to a wireless
support structure or utility pole. "Collocation" has a corresponding
meaning.
Calendar day.
A one-time charge.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Township.
A recurring charge.
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Township and owned by the Township.
A nondiscretionary building or work permit authorizing the
installation of a small wireless facility.
A wireless telecommunications facility that meets both of the
following qualifications:
Each antenna is located inside an enclosure of no more than
six cubic feet in volume or, in the case of an antenna that has exposed
elements, the Antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and
All other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume.
The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
A utility pole owned or operated by the Township in the rights-of-way,
including a utility pole that provides lighting or traffic control
functions including light poles, traffic signals, and structures for
signage; and
A pole or similar structure owned or operated by the Township
in the ROW that supports only wireless telecommunications facilities.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Township-owned poles.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless telecommunications facilities or
wireless telecommunications support structures, but that is not a
wireless telecommunications services provider.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
Any services, whether at a fixed location or mobile, provided
using wireless telecommunications facilities.
A person who provides wireless telecommunications services
and is authorized to provide such services pursuant to an FCC license.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or, other existing or proposed
structure designed to support or capable of supporting wireless telecommunications
facilities. Such term shall not include a utility pole.
A.
Permitted use. Collocation of a small wireless facility or a new or modified utility pole or wireless support structure for the collocation of a small wireless facility shall be a permitted use not requiring discretionary zoning approvals subject to the restrictions in § 217-157.
B.
Permit required. No person shall place a small wireless facility
in the rights-of-way, without first filing a small wireless facility
application and obtaining a small cell building/work permit therefore,
except as otherwise provided in this article.
C.
Permit application. All small wireless facility applications for
small cell building/work permits filed pursuant to this article shall
be on a form, paper or electronic, provided by the Township.
D.
Application requirements. The small cell building/work permit application
shall be made by the wireless telecommunications provider or its duly
authorized representative and shall contain the following:
(1)
The applicant's name, address, telephone number, and email address;
(2)
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.
(3)
A general description of the proposed work and the purpose of
the work proposed.
(4)
A small wireless facility shall comply with all applicable building
and safety codes.
F.
Information updates. Any amendment to information contained in a
small cell building/work permit application shall be submitted in
writing to the Township within 30 days after the change necessitating
the amendment.
G.
Application fees. Unless otherwise provided by law, all applications
for small cell building/work permits pursuant to this article shall
be accompanied by a fee representing a reasonable approximation of
the Township's costs reasonably incurred as a direct result of the
application, but shall not exceed $500 each for up to five small wireless
facilities addressed in the application and $100 for each additional
small wireless facility, or $1,000 each for applications involving
installation of a new pole (i.e., not a collocation).
A.
Review of small wireless facility applications.
(1)
The Township Engineer shall review the application for a small
cell building/work permit in light of its conformity with applicable
regulations of this article and all applicable building and safety
codes, and shall issue a small cell building/work permit on uniform
terms and conditions subject to the following requirements:
(a)
Within 10 days of receiving an application, the Township must
determine and notify the applicant whether the application is complete;
or, if an application is incomplete, the Township must specifically
identify the missing information.
(b)
Determine whether the application meets the requirements in § 217-155D above and issue an approval or denial within 60 days for collocations and 90 days for new poles. The applicable time periods will commence upon application submission except that, in the event Township provides notice within 10 days of submission that an application is materially incomplete, the applicable time period will commence upon resubmission.
(c)
Advise the applicant in writing of its final decision, and in
the final decision document the basis for a denial, including specific
code provisions on which the denial was based, and send the documentation
to the applicant on or before the day the Township denies the application.
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 application within 30 days of receipt of the amended
application. The subsequent review by the Township shall be limited
to the deficiencies cited in the original denial.
(2)
If the Township fails to act on an application within the applicable
review period, the applicant may provide notice that the time period
for acting has lapsed, and the application is then deemed approved.
(3)
An applicant seeking to construct, modify or replace a network
of small wireless facilities may, at the applicant's discretion, file
a consolidated application and receive a single small cell building/work
permit for multiple small wireless facilities. Provided, however,
the Township's denial of any site or sites within a single application
shall not affect other sites submitted in the same application. The
Township shall grant a small cell building/work permit for any and
all sites in a single application that it does not deny subject to
the requirements of this section.
B.
Review of eligible facilities requests. Notwithstanding any other
provision of this chapter, the Township shall approve and may not
deny applications for eligible facilities requests within 60 days
according to the procedures established under 47 CFR 1.40001(c).
A.
Right-of-way permits, siting standards for poles, antennas and cabinets
in the right-of-way.
(1)
No pole, antenna or cabinet shall be installed within the municipal
right-of-way without the issuance of a right-of-way permit.
(2)
Pole siting standards.
(a)
Height. No proposed pole shall be taller than 35 feet or 110%
of the height of poles in the surrounding streetscape, whichever is
higher.
(b)
Distance from curb line. No proposed pole shall be farther than
18 inches from the curb line unless approved by the Borough Engineer.
(c)
Location, safety and aesthetics. No proposed pole shall be erected
in the right-of-way unless it:
[1]
Is replacing an existing pole; or
[2]
Approved pursuant to a land development application by either
the Township's Zoning Board of Adjustment or Planning Board pursuant
to a land use application; or
[3]
Located on the opposite side of the street from the electric
distribution system; and
[4]
For sites in the Township Residential Zones, is a minimum of
200 linear feet from any other existing pole or proposed pole along
the same side of the street, or for sites in the Township Nonresidential
Zones is a minimum of 100 linear feet from any other existing pole
or proposed pole along the same side of the street; and
[5]
Is not located in an area with underground utilities; and
[6]
Does not inhibit any existing sight triangles or sight distances;
and
[7]
Allows adequate room for the public to pass and repass across,
along and through the right-of-way; and
[8]
Is finished and/or painted and/or otherwise camouflaged, in
conformance with best available stealth technology methods, so as
to blend in compatibly with its background and so as to minimize its
visual impact on surrounding properties.
(3)
Ground level cabinet siting standards.
(a)
Ground level cabinets are prohibited in the municipal right-of-way
in the Township Residential Zones and any future residential zones.
(b)
Residential Zones provided that such ground level cabinet:
[1]
Is less than 28 cubic feet in volume; and
[2]
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties; and
[3]
Does not inhibit any existing sight triangles or sight distance;
and
[4]
Allows adequate room for the public to pass and repass across,
along and through the municipal right-of-way.
(4)
Pole mounted antenna and pole mounted cabinet siting standards.
(a)
Pole mounted antennas are permitted on existing poles, provided
that each pole mounted antenna:
[1]
Does not exceed three cubic feet in volume; and
[2]
Is finished and/or painted and/or otherwise camouflaged, in
conformance with best available stealth technology methods, so as
to blend in compatibly with its background and so as to minimize its
visual impact on surrounding properties; and
[3]
Does not inhibit any sight triangles or sight distance; and
[4]
Allows adequate room for the public to pass and repass across,
along and through the municipal right-of-way.
(b)
Pole mounted cabinets are permitted on existing poles in all
Township Residential Zones and Township Nonresidential Zones provided
that each pole mounted cabinet:
[1]
Does not exceed 16 cubic feet; and
[2]
Is finished and/or painted and/or otherwise camouflaged, in
conformance with best available stealth technology methods, so as
to blend in compatibly with its background and so as to minimize its
visual impact on surrounding properties; and
[3]
Does not inhibit any sight triangles or sight distance; and
[4]
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(c)
The Township may also require that an applicant provide a certification
from a licensed professional engineer attesting to the structural
integrity of any pole mounted antenna or pole mounted cabinet.
B.
Maximum size of permitted use. Small wireless facilities, and new
or modified utility poles and wireless telecommunications support
structures for the collocation of small wireless facilities may be
placed in the rights-of-way as a permitted use subject to the following
requirements:
C.
Design requirements. Any specific requirements imposed by the Township
relating to design or placement of small wireless facilities will
be reasonable, nondiscriminatory, objective, and published in advance.
D.
Zoning. Any wireless telecommunications provider that seeks to construct
or modify a utility pole, wireless telecommunication support structure
or wireless telecommunications facility that exceeds the height or
size limits contained in this section, shall be subject to applicable
zoning requirements. In all other instances, no discretionary zoning
approvals shall be required for projects which comply with the terms
of this article and a small cell building/work permit shall be issued.
E.
Undergrounding provisions. Applicant shall comply with nondiscriminatory
undergrounding requirements that prohibit electric utilities, telecommunications
or cable providers from installing structures in the rights-of-way
without prior approval by Township staff in areas zoned for single-family
residential use, provided such requirements shall not prohibit the
replacement of existing structures or result in an effective prohibition
of service.
A.
Authority granted. No property right or other interest created. A
small cell building/work permit from the Township authorizes an applicant
to undertake only certain activities in accordance with this article,
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 rights-of-way.
B.
Duration. Construction pursuant to a small cell building/work permit
issued under this chapter must be commence within 12 months of issuance
of the small cell building/work permit and diligently pursued thereafter,
or such small cell building/work permit shall expire.
A.
Notice. Within 90 days following written notice from the Township,
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 within the rights-of-way whenever
the Township has determined that such removal, relocation, change
or alteration, is 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 rights-of-way.
B.
Emergency removal or relocation of facilities. The Township retains
the right and privilege to cut or move any small wireless facility
located within the rights-of-way of the Township, 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 telecommunications provider and
provide the wireless telecommunications provider an opportunity to
move its own facilities prior to cutting or removing a facility and
shall notify the wireless telecommunications provider after cutting
or removing a small wireless facility.
C.
Abandonment of facilities. Upon abandonment of a small wireless facility
within the rights-of-way of the Township, the wireless provider shall
notify the Township within 90 days. Following receipt of such notice
the Township may direct the wireless provider to remove all or any
portion of the small wireless facility if the Township, or any of
its departments, determines that such removal will be in the best
interest of the public health, safety and welfare.
A.
Row administration rate. A wireless telecommunications provider authorized
to place small wireless facilities (including new utility poles or
other wireless telecommunications support structures) in the rights-of-way
shall pay to the Township the rate of $0 annually per small wireless
facility.
B.
Attachment rate. The rate to place a small wireless facility on a
Township-owned pole in the right-of-way shall be $270 per year per
Township-owned pole. Such compensation together with the application
fee and the ROW administration rate specified in this article shall
be the sole compensation that the wireless provider shall be required
to pay the Township.
C.
Cease payment. A wireless provider is authorized to remove its facilities
at any time from a Township-owned pole in the rights-of-way and cease
paying the annual rate to the Township.
D.
Make-ready. For Township-owned utility poles in the rights-of-way,
the Township shall provide a good faith description of any make-ready
work necessary to enable the pole to support the requested small wireless
facility, including pole replacement if necessary, within 60 days
after receipt of a completed application. Any make-ready work, including
pole replacements, shall be performed by the provider or its qualified
contractor.
Notwithstanding anything to the contrary in this article, in
the event that this article, in whole or in part, is declared or determined
by a judicial, administrative, or legislative authority (whether state
or federal) exercising its jurisdiction to be excessive, unreasonable,
unenforceable, void, unlawful, or otherwise inapplicable, the judicial,
administrative, or legislative order shall control the deployment
of small wireless facilities in the Township until this article is
amended.
