Skippack Township City Zoning Code
ARTICLE XA
Small Wireless Facilities
§ 200-127 Establishment of regulations.
In recognition of the quasi-public nature of small wireless facilities, the following regulations shall apply.
§ 200-128 Purpose.
The purpose of this article is:
A.
To accommodate the need for small wireless facilities, while minimizing their height, location and number in the Township.
B.
To minimize the adverse visual effects of small wireless facilities and their support structures on adjacent properties, the bucolic nature of the Township and the historic village through proper design and placement.
C.
To avoid potential damage to adjacent properties due to unforeseen occurrences.
D.
To be mindful of the character and vistas in the Township and thereby minimize the negative impacts that these facilities may have on those amenities.
E.
To recognize and comply with state and federal regulations.
§ 200-129 Applicability.
§ 200-130 Definitions.
The following words and phrases used in this article shall have the meanings given to them below. These definitions shall only apply to this Article XA.
Equipment serving or being used in conjunction with a small wireless facility.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types 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.
A request submitted by an applicant to a municipality:
Buildings, other structures and equipment used by the owner or operator of a cable television system to provide service. As used in this definition, the term "cable television system" shall have the meaning given to it in § 501-B(1) of the act of April 6, 1951 (P.L. 69, No. 20), known as the "Landlord and Tenant Act of 1951."[1]
To install, mount, maintain, modify or replace small wireless facilities on an existing utility pole of other wireless support structure.
A set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide a communications service.
Any of the following:
A cable operator as defined in § 522(5) of the Cable Communication Policy Act of 1984 [47 U.S.C. § 522(5)].
A provider of information service as defined in § 153(24) of the Cable Communications Policy Act of 1984 [47 U.S.C. § 153(24)].
A telecommunications carrier as defined in § 153(51) of the Cable Communications Policy Act of 1984 [47 U.S.C. § 153(51)].
A wireless provider.
A structure used to support overhead power lines consisting of 69 kilovolt or greater conducting lines, generally of steel construction and having a height of at least 75 feet. The term shall not include any utility pole having a height of less than 75 feet.
A small wireless facility that:
The improvement, upgrade or replacement of a small wireless facility or an existing utility pole that does not substantially change, as defined in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications), the physical dimension of the small wireless facility or utility pole.
A utility pole owned, managed or operated by or on behalf of a municipality.
The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications:
Each antenna can fit within an enclosure of no more than six cubic feet in volume.
The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. As used in this paragraph, the following associated ancillary equipment are not included in the calculation of equipment volume:
By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility.
Buildings, or other structures and equipment owned or operated by a public utility, as defined in 66 Pa. C.S.A. § 102 (relating to definitions), to provide service.
A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.
As follows:
A person authorized to provide telecommunications service in this commonwealth that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless services provider.
A wireless infrastructure provider or a wireless services provider.
A person who provides wireless services.
The term shall have the same meaning given to it in the Commonwealth Act of October 24, 2012 (P.L. 1501, No. 191), known as the "Wireless Broadband Co-location Act."[2]
§ 200-131 Use regulations.
The provisions of this section shall apply only to activities of a wireless provider within the right-of-way to deploy small wireless facilities and associated new utility poles with small wireless facilities.
A.
Right-of-way and co-location annual fees shall be charged by Skippack Township for the use of the right-of-way, per small wireless facility and per new utility pole with a small wireless facility. The amount of the fee shall be as stated in the current Township Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Township offices.
B.
Right of access. Under the provision of this article and with the permission of the owner of the structure, a wireless provider shall have the right to perform the following activities within the right-of-way:
(1)
Co-locate.
(2)
Replace an existing utility pole or install a new utility pole with attached small wireless facility.
(3)
All structures and facilities shall be installed so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the public and the utilities.
(4)
Each new or modified small wireless facility installed in the right-of-way shall be installed on an existing utility pole or a new utility pole subject to the following:
(a)
The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.
(5)
The height limit of a new utility pole with a small wireless facility may exceed the stated height limit subject to special exception approval granted by the Zoning Hearing Board of Skippack Township.
(6)
Underground utility developments. All residential development designed and constructed with underground utilities shall after the effective date of this article be required to have all cable and utility facilities placed underground. Relief from this restriction may be sought from the Zoning Hearing Board of Skippack Township by filing a variance request.
(7)
Damage and repair. A wireless provider shall repair all damage to the right-of-way or any other land so disturbed, directly caused by the activities of the wireless provider and return the right-of-way or other land to its functional equivalence as it existed prior to any work being done in the right-of-way by the wireless provider. If the wireless provider fails to make the repairs required by the municipality within 30 days after written notice, the municipality may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty of 25%. The municipality may suspend the ability of an applicant to receive a new permit from the municipality until the applicant has paid the amount assessed for the repair costs and the assessed penalty. The municipality may not suspend the ability of an applicant to receive a new permit that has deposited the amount assessed for the repair costs and the assessed penalty in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
§ 200-132 Permitting process.
B.
Permit fees shall be charged by Skippack Township for the review of applications to do work within the ultimate right-of-way. The amount of the fee shall be as stated in the Township Fee Schedule.[1] There shall be an initial fee for the first five small wireless facilities and an additional fee for each additional small wireless facility.
(1)
Permits shall be required for co-location, and installation, modification or replacement of utility poles with small wireless facilities. Applications for co-location on a decorative pole may be prohibited.
(2)
Application shall be processed as mandated by House Bill 1400, with strict adherence to the time limitations specified therein and the provisions for denial.
(3)
Consolidated application for a maximum of 20 small wireless facilities shall be received and processed as mandated by House Bill 1400.
(4)
All work proposed under this article shall be completed within one year of the issuance of a permit.
(5)
Approved permits grant the right to operate the facility for a period of five years with two additional five-year extensions conditioned upon permit requirements and utility pole owner consent.
(6)
Upon notice from Skippack Township of noncompliance, the applicant shall have 60 days to remove the small wireless facility and associated equipment. The applicant shall have an opportunity to cure the noncompliance.
[1]
Editor's Note: The Fee Schedule is on file in the Township offices.
§ 200-133 Indemnification.
Except for a wireless provider with an existing franchise to occupy and operate in a right-of-way, a wireless provider shall indemnify and hold the municipality and its officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages sought that are found by a court of competent jurisdiction to have been caused solely by the negligent act, error or omission of the wireless provider or its officers, agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the right-of-way.