(a) Requirements for underground districts. The Township shall not use a new designation of an underground district to prohibit small wireless facilities and replacements of municipal poles and their attachments when the area has been so designated 90 or fewer days' prior to the wireless provider's application relating to the underground district.
1) Installation, replacement, modification or maintenance of small wireless facilities in underground districts shall comply with the requirements of
§ 27-1403F.(6.1)(a)1) through
§ 27-1403F.(6.1)(a)11) of the Township Zoning Ordinance and the requirements of
§ 27-1403F.(6.2)(a)1) through
§ 27-1403F.(6.2)(a)3) of the Township Zoning Ordinance.
2) small wireless facilities in underground districts shall be treated as a use permitted only by special exception.
a) If the Township generally allows for the replacement of municipal poles and the poles' attachments in an underground district, the wireless provider may apply through the general permitting process in the same manner as it would apply in an area that was not designated as an underground district, except that the grant of the permit shall only be by special exception.
b) In addition to the requirements referenced in
§ 27-1403F.(6.2)(a)1), the wireless provider may only be granted permission by special exception for the installation of a new utility pole with small wireless facilities in an underground district if the wireless provider has permission from the owner of the property at the location of the proposed site of the new utility pole.
3) Generally, in an underground district that is so designated more than 90 days' prior to an application, a wireless provider shall comply with the same reasonable and nondiscriminatory underground placement rules that other communications services must follow.
(b) Applications relating to small wireless facilities in underground districts.
1) If a wireless provider's application seeks the installation, modification or replacement of small wireless facilities on an existing utility pole or wireless support structure within the right-of-way and in an underground district or seeks the same on a replacement utility pole or wireless support structure at a location within the right-of-way and in an underground district, the Township shall treat the application as an application for a special exception and shall review the application in accordance with the requirements of §
27-2306 and with the requirements of
§ 27-1403F.(6.1)(a)1) through
§ 27-1403F.(6.1)(a)11) and
§ 27-1403F.(6.1)(b)1) through
§ 27-1403F.(6.1)(b)14) and with the requirements of
§ 27-1403F.(6.2)(a)1) through
§ 27-1403F.(6.2)(a)3) of the Township Zoning Ordinance.
2) If a wireless provider's application seeks the installation of a new utility pole within the right-of-way in an underground district, the application shall include documentation that the wireless provider has permission from the owner of the property at the location of the proposed site of the new utility pole. The Township shall treat the application as described in
§ 27-1403F.(6.2)(b)1).
(c) Section
§ 27-1403F.(6.1)(b)15) relating to existing agreements and relating to prohibited exclusive arrangements between the Township and wireless service providers shall apply to small wireless facilities in underground districts.
