[Added 8-11-2022 by Ord. No. 2195]
The following regulations shall apply to small wireless communications
facilities located inside the public rights-of-way:
As used in this article, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
Any request for modification of an existing WCF that does
not substantially change the physical dimensions of such WCF, involving:
Federal Communications Commission.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
Each antenna associated with the deployment is no more than
three cubic feet in volume; and
The volume of all other equipment associated with the wireless
communications 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 communications facility
shall not be included in the calculation of equipment volume.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
By virtue of engineering or spectrum usage, the proposed
placement for a WCF or its design or site location can be implemented
without a material reduction in the functionality of the WCF.
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
Small WCFs are permitted by right inside the public rights-of-way
in all Township zoning districts, subject to the requirements of this
article and generally applicable permitting as required by the Township
Code.
A.
Applications for small WCFs shall be submitted to the Township Zoning
Officer.
B.
Applications for small WCFs shall include the following:
(1)
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small WCF, and a certification
that the applicant has included all information required by the Township
Code, signed by a representative of the applicant.
(2)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the small WCF.
(a)
If the small WCF is proposed for location on an existing structure
or replacement wireless support structure that currently supports
existing attachments, the depiction shall show the location and dimensions
of all such attachments.
(b)
If installation of a new or replacement wireless support structure
is being proposed, the depiction shall include the color, dimensions,
material and type of wireless support structure proposed.
(3)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small WCF.
(4)
An aerial photograph of the proposed site showing the area within
500 feet of the small WCF. The aerial photograph shall identify all
structures within such radius.
(5)
Photo simulations depicting the small WCF from at least three
locations near the proposed site. The photo simulations should reflect
the proposed design and location of all equipment associated with
the small WCF.
(6)
If the small WCF will be located on a structure owned by a party
other than the applicant, evidence showing that the owner of the structure
has granted the applicant permission to attach the proposed small
WCF.
(7)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
(8)
A report by a qualified engineering expert which shows that
the small WCF will comply with applicable FCC regulations, including
applicable standards for radiofrequency emissions.
(10)
All application fees required by the Township as detailed in
the Township Fee Schedule.
C.
Time frame for review and decision.
(1)
The Township Zoning Officer shall issue a final decision on
an application for a new small WCF that is co-located on an existing
structure within 60 days of receipt of the application, subject to
applicable tolling procedures under federal and state law.
(2)
The Township Zoning Officer shall issue a final decision on
an application for a small WCF that requires the installation of a
new or replacement wireless support structure within 90 days of receipt
of the application, subject to applicable tolling procedures under
federal and state law.
(3)
Within 10 business days of receiving an application for a small
WCF, the Township Zoning Officer shall determine and notify the applicant
in writing whether the application is complete. If an application
is incomplete, the notice shall specifically identify the missing
information. The applicable processing deadline shall restart at zero
on the date the applicant provides the missing information specified
in any such notice.
D.
Resubmission upon denial.
(1)
If the Township denies an application for a small WCF, the Township
shall provide the applicant with written documentation of the basis
for denial, including the specific provisions of the Township Code
on which the denial was based, within five business days of the denial.
(2)
The applicant may cure the deficiencies identified by the Township
and resubmit the application within 30 days of receiving the written
basis for the denial without being required to pay an additional application
fee. The Township shall approve or deny the revised application within
30 days of the application being resubmitted for review.
A.
Standard of care.
(1)
All small WCFs shall meet or exceed all applicable standards
and regulations of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate wireless communications
facilities, the latest National Electrical Safety Code (NESC), American
National Standards Institute (ANSI) Code, and the structural standards
of the American Association of State Highway and Transportation Officials
or any other industry standard applicable to the structure. In case
of conflict, the most stringent requirements shall prevail. All necessary
certifications shall be obtained by the applicant and provided to
the Township.
(2)
If, upon inspection by the Township, the Township concludes
that a small WCF fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being
provided to the owner of the WCF, the owner shall have 30 days to
bring such small WCF into compliance with the applicable codes and
standards. Failure to bring such small WCF into compliance within
30 days shall constitute grounds for the removal of the small WCF
at the owner's expense.
B.
All small WCFs shall be designed to withstand the effects of wind
gusts and ice to the standard designed by the American National Standards
Institute as prepared by the engineering departments of the Electronics
Industry Association, and Telecommunications Industry Association
(ANSI/TIA-222, as amended), or to the industry standard applicable
to the structure.
C.
Small WCFs shall not interfere with public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
D.
A small WCF shall not, by itself or in conjunction with other WCFs,
generate radio frequency emissions in excess of the standards and
regulations of the FCC, including but not limited to, the FCC Office
of Engineering Technology Bulletin 65 entitled, "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended. The applicant shall submit proof of compliance
with all applicable standards relating to radio frequency emissions
as part of any complete WCF application.
E.
All small WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only as permitted by the Township.
F.
Small WCFs in the public ROW requiring the installation of a new
wireless support structure shall not be located in front of any building
entrance or exit.
G.
All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks as established by Chapter 143 of the Code of Ordinances of the Township of Abington.
H.
Small WCFs and accessory equipment shall be located so as not to
cause any physical or visual obstruction to pedestrian or vehicular
traffic, create safety hazards to pedestrians and/or motorists, or
to otherwise inconvenience public use of the ROW as determined by
the Township.
I.
Design standards. All small WCFs in the Township shall comply with
the requirements of the Township "Small Wireless Communications Facility
Design Manual," which shall be adopted, and may be amended from time
to time, by resolution of the Township Board. A copy of such shall
be kept on file at the Township Department of Community Development.
Once approved, the Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all small WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
Any graffiti on a small WCF, including the wireless supports
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 30 calendar days of notification by the
Township.
As part of the construction, modification or replacement of
a small WCF, the applicant shall remove any obsolete or abandoned
equipment from the wireless support structure.
Within 90 days following written notice from the Township, or
such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, an owner of a
small WCF in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any WCF when the
Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
A.
The construction, repair, maintenance or installation of any Township
or other public improvement in the right-of-way;
B.
The operations of the Township or other governmental entity in the
right-of-way;
C.
Vacation of a street or road or the release of a utility easement;
or
D.
An emergency that constitutes a clear and immediate danger to the
health, welfare, or safety of the public as determined by the Township.
The proposed co-location, the modification or replacement of
a wireless support structure or the installation of a new wireless
support structure with small WCF attached for which a permit is granted
under this section shall be completed within one year of the permit
issuance date unless the Township and the applicant agree in writing
to extend the period.
The Township may assess appropriate and reasonable permit fees
directly related to the Township's actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring, and related costs. Such permit fees shall
be established by the Township fee schedule.
In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW in accordance with this Chapter 154. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
The following maintenance requirements shall apply:
A.
All WCFs shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance, repair or replacement.
B.
Such maintenance shall be performed to ensure the upkeep of the WCF
in order to promote the safety and security of the Township's
residents and in accordance with all applicable Township, state and
federal regulation.
The Township and/or its third-party inspection company reserves
the right to inspect any WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law.
A.
Within 60 days of suspension or revocation of a permit due to noncompliance with this Chapter 154, the applicant shall remove the small WCF and any accessory equipment, including the wireless support structure if the applicant's small WCF and accessory equipment are the only facilities on the wireless support structure.
B.
Within 90 days of the end of a permit term or an extension of the
permit term, the applicant shall remove the small WCF and any acccessory
equipment, including the wireless support structure if the applicant's
small WCF and accessory equipment are the only facilities on the wireless
support structure.
A.
Police powers. The Township, by granting any permit or taking any
other action pursuant to this chapter, does not waive, reduce, lessen,
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
B.
Severability. If any section, subsection, sentence, clause, phrase
or word of this article is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this article invalid.
C.
When effective. This article shall become immediately after enactment
by the Board of Commissioners of the Township of Abington.
