A.
Grants of relief. The Township Board of Supervisors may grant relief from the limitations for height pursuant to § 238-7F(2) or the restrictions within underground districts pursuant to Subsection G of this chapter, provided that such modification will not be contrary to the public interest and that the purpose and the intent of this chapter are maintained.
B.
Applications for relief. All requests for relief from § 238-7F(2) or G shall be in writing and shall accompany and be a part of the application required pursuant to § 238-8. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved, and the minimum modification necessary.
C.
Planning Commission review. The Township Board of Supervisors may,
at its discretion, refer requests pursuant to this section to the
Township Planning Commission for advisory comments.
D.
Hearing required. Before granting a request for relief pursuant to
this section, the Board of Supervisors may hold a public hearing thereon
after public notice.
A.
Right of access and inspection. Any duly authorized representative
of the Township may access any utility pole, Township pole, or decorative
pole with small wireless facilities attached within the Township to
inspect the implementation, condition, or operation and maintenance
of the small wireless facility to ensure said small wireless facility
complies with the provisions of this chapter.
B.
Ready access. All small wireless facility owners and operators shall
provide duly authorized representatives of the Township with ready
access to all parts of the small wireless facility for the purposes
of determining compliance with this chapter, including, but not limited
to, keyed access to secured enclosures attached, adjacent, or proximate
to any utility pole, Township pole, or decorative pole with small
wireless facilities attached.
C.
Contact information updates required. All small wireless facility
owners shall provide contact information to the Township for each
owner, operator, and/or wireless provider associated with each small
wireless facility permitted pursuant to this chapter. Said contact
information shall be updated annually or when any owner, operator,
or wireless provider contact information changes.
D.
Failure to comply. Any failure to comply with the provisions of this
section is a violation of this chapter.
A.
Enforcement. The requirements of this chapter shall be enforced by
the Code Enforcement Officer of the Township.
B.
Notices of violation. In the event that a person fails to comply
with the requirements of this chapter or fails to conform to the requirements
of any permit issued hereunder, the Township Code Enforcement Officer,
or their duly authorized designee, shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a time limit for correction of same.
Failure to comply within the time specified shall subject such person
to the penalty provisions of this chapter as set forth below. It shall
be the responsibility of the owner, operator, or wireless provider
associated with any small wireless facility found to be in violation
of the provisions of this chapter to comply with the terms and conditions
of this chapter.
A.
The violation of any provision of this chapter is hereby deemed a
public nuisance.
B.
All such penalties shall be deemed cumulative and shall not prevent
the Township from pursuing any and all remedies available to it at
law or in equity. Each day that a violation continues shall constitute
a separate violation.
A.
Civil penalty. Any person who violates or permits a violation of
this chapter shall, upon being found liable therefor in a civil enforcement
proceeding initiated by the Township, pay a judgment of not more than
$600 plus all court costs, including reasonable attorneys' fees
incurred by the Township as a result thereof. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable Rules of Civil Procedure. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate violation, unless the Magisterial
District Judge determines that there was a good-faith basis for the
person violating this chapter to have believed that there was no such
violation, in which event there shall be deemed to have been only
one such violation until the fifth day following the date of determination
of a violation by the Magisterial District Judge, and thereafter each
day that a violation continues shall constitute a separate violation.
B.
No limitation of remedies. In addition, the Township, through its
Solicitor, may institute injunctive, mandamus, or any other appropriate
action or proceeding at law or in equity for the enforcement of requirements
of this chapter. Any court of competent jurisdiction shall have the
right to issue restraining orders, temporary or permanent injunctions,
mandamus, or other appropriate forms of remedy or relief.
A.
Appeals from requests for relief. Any person aggrieved by any action of the Township Board of Supervisors regarding requests for relief made pursuant § 238-11 may appeal to the Court of Common Pleas of Montgomery County within 30 days of the Board of Supervisors' decision.
