1) Work Requiring a Permit. A zoning permit, which shall be subject to applicable Township Code sections, must be obtained from the Township by a wireless provider for:

a) The installation, modification, collocation or replacement of small wireless facilities within the right-of-way; or
b) Purposes related to small wireless facilities, the installation, modification or replacement of utility structures, utility poles or wireless support structures, including for collocation, with small wireless facilities attached thereto within a right-of-way; or
c) The installation of new utility poles with attached small wireless facilities.

2) Review of permit application. The Township shall review the permit application for conformance with the Township codes and shall treat the application for the permit as a permitted use in all areas of the Township except when the application seeks the installation, modification or replacement of small wireless facilities within the right-of-way in underground districts, which are areas designated solely for underground or buried cable facilities and utility facilities. Said underground district applications shall be approved only by special exception, and requirements relating to small wireless facilities in underground districts shall be governed by § 27-1403F.(6.2) of the Township Zoning Ordinance.

3) The permit applications relating to small wireless facilities shall include the following:

a) Documentation that includes necessary approvals from the owner of the pole or wireless support structure and includes construction and engineering drawings demonstrating compliance with the criteria listed in § 27-1403F(6.1)(a), including § 27-1403F.(6.1)(a)1) through § 27-1403F.(6.1)(a)11)) and also including § 27-202 (definition of "small wireless facility") of the Township Zoning Ordinance.

b) A report by a qualified engineering expert demonstrating that the small wireless facility or facilities proposed will comply with applicable Federal Communications Commission (FCC) regulations, and any other applicable federal or Pennsylvania law or regulations or applicable industry standards, including but not limited to the current Pennsylvania Electrical Safety Code; National Electric Safety Code; the National Electrical Code; the industry standards pertaining to wind gusts and ice or the standards set forth in ANSI/TIA-222, as amended (Electronics Industry Association and Communications Industry Association); and the structural standards of the American Association of State Highway and Transportation Officials.

c) If the wireless provider is applying to install a new or replacement utility pole as described in § 27-1403F.(6.1)(a)6), self-certified documentation made in good faith, including a documented summary of the basis for the applicant's request to install a new or replacement utility pole which demonstrates that collocating on an existing utility pole or municipal pole instead of installing a new utility pole cannot meet the service reliability and functional objective of the wireless provider.

d) Documentation demonstrating construction design which achieves minimal aesthetic impact, while allowing for technical feasibility. The aesthetic design documentation shall demonstrate and/or include the following to the extent technically feasible:

(i) That accessory equipment shall be of a color that matches the wireless support structure on which such accessory equipment is mounted and an accessory equipment shroud or cabinet shall be of the smallest dimensions technically feasible.
(ii) That replacement wireless support structures, including poles, or new wireless support structures, including poles, shall be of comparable materials, color and design to the existing wireless support structure being replaced or for new structures, to the adjacent wireless support structure.
(iii) That new wireless support structures shall be connected to electricity with the same method as adjacent wireless support structures.
(iv) That for any replacement decorative pole, the new decorative pole shall match the existing decorative pole in shape, design, color and material.
 

e) Diagrams which clearly delineate all proposed equipment and structures, in comparison to previously existing equipment and structures, and which show required dimensions, color, material and type of wireless support structure proposed, and which depict proposed wiring and describe concealment methods for wiring, and which depict any existing structures within 100 feet of the proposed location.

4) Capacity or radio frequency. The applicant shall not be required to provide justification for capacity or radio frequency. However, the applicant shall not interfere with Emergency Management Services ("EMS") and/or 9-1-1 capacity and/or radio frequencies.

5) Incomplete applications and Permit Processing Deadlines.

a) Incomplete applications. Within 10 business days of receiving an application, the Township shall determine and notify the applicant in writing whether the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero days on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the Township.

b) An application shall be processed on a nondiscriminatory basis and the Township shall approve or deny the application within 60 days of receipt of a complete application to collocate and within 90 days of receipt of a complete application to replace an existing utility pole or install a new utility pole with small wireless facilities attached. When a small wireless facility application is deemed approved by the Township's failure to timely respond, the Township has seven days to approve or deny any other permits that are related to the work associated with the small wireless facility application.

6) Consolidated applications. See § 27-1403F.(6.1)(b)(6) for detailed information.
7) Denial of a permit and curing of deficiencies.

a) The Township may deny the permit if the application for small wireless facility deployments sought and corresponding work proposed are not in compliance with applicable Township codes or with the small wireless facilities Deployment Act or with any of the requirements of this § 27-1403F.(6.1) or § 27-1403F.(6.2), (if applicable).

b) Within the time frame established under § 27-1403F.(6.1)(b)5)b), the Township shall document the basis for a denial, including the specific provisions of applicable Township codes on which the denial was based, and send the documentation to the applicant within five business days of the denial.

c) 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. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Township shall be given an additional 15 days to review the resubmitted application and may charge an additional fee for the review.

8) Time limit for work. The proposed collocation on, modification to or replacement of a utility pole or the installation of a new utility pole with small wireless facilities attached for which a permit is granted under § 27-1403F.(6.1) or § 27-1403F.(6.2) of the Township Zoning Ordinance shall be completed within one year of the permit issuance date unless the Township and the applicant agree in writing to extend the period.

9) Length of permit term for small wireless facilities on utility poles or wireless support structures. The Township's approval of the permit allows the applicant to operate and maintain small wireless facilities and any associated equipment on a utility pole covered by the permit for a period of not less than five years, which period shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in the Township Zoning Ordinance, the small wireless facilities Deployment Act, and the applicant has obtained all necessary consent from the pole owner.

10) Suspension or revocation of a permit for noncompliance and subsequent removal of equipment. Within 60 days of suspension or revocation of a permit due to noncompliance with applicable sections of the Township Code or the small wireless facilities Deployment Act or other applicable laws and regulations, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole or support structure, after receiving notice and an opportunity to cure any noncompliance.

11) Removal of equipment at the end of the permit term. Within 90 days of the end of a permit term or the end of an extension of the permit term, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole or support structure.

12) Moratorium prohibited. The Township shall not issue, expressly or de facto, any moratorium on filing or processing applications or issuing permits for collocation, for modification or for replacement of utility poles to support small wireless facilities or for installation of new utility poles to support small wireless facilities.

13) Work that does not require a permit. Unless the work within the right-of-way involves excavation, closure of a sidewalk or closure of a vehicular lane, or the work requires a permit pursuant to other provisions of the Township Zoning Ordinance or other Township codes, the Township shall not require an application for a permit for the following:

a) Routine maintenance or repair work.
b) The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller and still qualify as small wireless facilities.
c) The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, if compliant with the National Electrical Safety Code.

14) Fees for application. The Township shall charge an application fee for the review of a permit application and of plans submitted for the work to be done within the right-of-way. The application fee is subject to adjustments on a pro rata basis in accordance with the adjusted fee levels for small wireless facilities, which fee levels are issued by the Federal Communications Commission (FCC). The Township shall charge a one-time application fee of:

a) $500 for an application seeking approval for no more than five collocated small wireless facilities and $100 for each collocated small wireless facility above five.
b) $1,000 for an application seeking approval of a small wireless facility that requires the installation of a new or replacement utility pole or wireless support structure.

15) Agreements. See § 27-1403F.(6.1)(b)15).

See § 27-1403F.(6.1) for complete, detailed information.