MapLink™ | Procedures | Small Cell Wireless Facilities

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Small Cell Wireless Facilities
Timing of approval.
[a] Small cell WF.
[i] For an initial application for a small cell WF, the Township shall notify the WF applicant that the application is materially incomplete in writing on or before the 10th day after submission. Such notice shall clearly and specifically identify the missing documents or information. The shot clock date calculation shall restart at zero on the date on which the WF applicant submits all the documents and information identified by the Township to render the application complete.
[ii] Within 90 days of receipt of a complete application for a small cell WF that requires the installation of a new wireless support structure, the Township shall make a final decision on whether to approve the application, shall notify the WF applicant in writing of such decision, and, if approved, shall issue all required authorizations.
[b] Macrocell WF.
[i] For an initial application for a macrocell WF, the Township shall notify the WF applicant in writing on or before the 30th day after submission that the application is materially incomplete. Such notice shall clearly and specifically identify the missing documents or information. Such notice shall toll the shot clock until the WF applicant submits all documents and information identified by the Township to render the application complete.
[ii] Within 150 days of receipt of a complete application for a macrocell WF, the Township shall make a final decision on whether to approve the application and shall notify the WF applicant in writing of such decision.
 
 
Zoning Hearing Board approval.
Prior to the construction of a new small cell WF or a new macrocell WF, the WF applicant must obtain approval from the Township Zoning Hearing Board. The Zoning Hearing Board application must show compliance with all general requirements for WFs and compliance with all the following requirements:
[a] The name, address and phone number of the person preparing the Zoning Hearing Board application;
[b] The postal address and/or coordinates of the proposed site;
[c] The location, size and total height of the proposed small cell WF or macrocell WF;
[d] The number, type and model of the antenna(s) proposed;
[e] The make, model, type and manufacturer of the proposed wireless support structure, if applicable;
[f] A site plan describing all proposed equipment relating to the small cell WF or macrocell WF;
[g] Certification that the radio frequency (RF) emissions levels of the proposed small cell WF or macrocell WF will be, at the time of activation and throughout the life of the small cell WF or macrocell WF, in compliance with the standards promulgated by the FCC;
[h] Identify the small cell WF's or macrocell WF's location on the property that is not owned by the WF applicant or owned, maintained, or controlled by the Township (the WF applicant must provide the Township with documentation that the owner of the property has granted an easement, if necessary);
[i] A sealed and signed certification by a structural engineer, licensed in the Commonwealth of Pennsylvania, of the proposed small cell WF's or macrocell WF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure; and
[j] If the WF applicant is proposing the construction of a new wireless support structure for the purpose of supporting a WF, the WF applicant shall demonstrate that the proposed WF cannot be collocated on an existing wireless support structure or sited on municipal property or public property. The Zoning Hearing Board may deny an application to construct a new wireless support structure if the WF applicant has not made a good faith effort to collocate the WF on an existing wireless support structure. The WF applicant shall provide proof that it contacted the owners of all tall structures, buildings, and wireless support structures within a two-hundred-fifty-foot radius of the site proposed, sought permission to install the WF on those structures, buildings, and wireless support structures and was denied for one of the following reasons:
[i] The proposed WF and wireless accessory equipment would exceed the structural capacity of the existing building, structure or wireless support structure, and its reinforcement cannot be accomplished at a reasonable cost.
[ii] The proposed WF and wireless accessory equipment would cause radio frequency interference with other existing WFs and other equipment for that existing building, structure, or wireless support structure and the interference cannot be prevented at a reasonable cost.
[iii] Such existing wireless support structures do not have adequate location, space, access, or height to accommodate the proposed WF and wireless accessory equipment or to allow it to perform its intended function.
[iv] A commercially reasonable agreement could not be reached with the owner of such building, structure, or wireless support structure.
[k] Upon submission of an application for a small cell WF or a macrocell WF and the scheduling of the public hearing upon the application, the WF applicant shall send via first-class mail and certified, return receipt requested, mail notice to all property owners within 500 feet of the subject property where the small cell WF or macrocell WF will be located. The WF applicant shall provide proof of the notification to the Township Zoning Hearing Board along with the list of return receipts received.
[l] Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a small cell WF or a macrocell WF, it shall be incumbent upon the WF applicant for such special exception approval to prove to the reasonable satisfaction of the Zoning Hearing Board that the WF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other WFs installed on existing wireless support structures, such as municipal poles or utility poles or their appurtenances and other available structures. The WF applicant shall further demonstrate that the proposed small cell WF or macrocell WF must be located where it is proposed to serve the WF applicant's service area and that no other viable, less-intrusive alternative location exists.
[m] The Zoning Hearing Board application shall be accompanied by a propagation study evidencing the need for the proposed small cell WF, macrocell WF or other WF and wireless equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WF applicant, the power in watts at which the WF applicant transmits, and any relevant related tests conducted by the WF applicant in determining the need for the proposed site and installation. The WF applicant shall not be required by the Township to disclose any confidential or proprietary information as part of the propagation study.
[n] The Zoning Hearing Board application shall also be accompanied by documentation demonstrating that the proposed small cell WF or macrocell WF complies with all state and federal laws and regulations concerning aviation safety.
[o] Where the small cell WF or macrocell WF is located on a property that is not owned by the WF applicant, the WF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted permission for the installation of the small cell WF or macrocell WF and also granted an easement, if necessary, for the proposed small cell WF or macrocell WF and that vehicular access will be provided to the small cell WF or macrocell WF.
[p] Engineer inspection. The WF applicant shall provide as part of the Zoning Hearing Board application a signed and sealed certification from a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed small cell WF's or macrocell WF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
[q] Collocation. As a condition of approval for all small cell WFs or macrocell WFs, the WF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other Wireless Service Providers to collocate WFs on the proposed small cell WF or macrocell WF, where technically feasible. To the extent permissible under state and federal law, the owner of a small cell WF or macrocell WF shall not collocate any additional WFs without obtaining the prior written approval from the Township Zoning Officer.
[r] FCC license. Each person that owns or operates a WF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the WF, as a condition of Zoning Hearing Board approval for any small cell WF or macrocell WF.
[s] Visual appearance and land use compatibility. All small cell WFs and all macrocell WFs, wireless support structures, and wireless accessory equipment shall employ stealth design which may include the wireless support structure portion to be painted brown or another color approved by the Zoning Hearing Board or shall have a galvanized finish. All small cell WFs, macrocell WFs, wireless support structures, and wireless accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[t] Documentation demonstrating the proposed small cell WF or macrocell WF will comply with all applicable provisions of this chapter.

See § 270-5.2Q for complete, detailed information on wireless facilities.