A. ACTION or TO ACT — The Township's grant of an application or issuance of a written decision denying a siting application.
B. ANTENNA — A wireless facility apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any comingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of the FCC ruling.
C. APPLICATION — A written submission to the Township requesting authorization for the deployment of a wireless facility at a specified location.
D. AUTHORIZATION — Any approval the Township must issue under applicable law prior to the deployment of wireless facilities, including, but not limited to, building permit, zoning approval, and highway occupancy permit.
E. ANTENNA EQUIPMENT — Wireless facility equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
F. BASE STATION — A structure or equipment at a specified, fixed location that enables licensed or authorized wireless communication between user equipment and a communications network, generally consisting of radio transceivers, antennas, cables, power supplies and other associated equipment. The term does not encompass a telecommunication tower as defined in this chapter or any equipment associated with a telecommunication tower.
G. COLLOCATION — Consistent with the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, means:
(1) Mounting or installing of new wireless facility on a pre-existing and/or previously approved and constructed wireless support structure or any other structure not classified as a wireless support structure that can support the mounting or installing of a wireless facility if previously approved by the Township; and/or
(2) Modifying a pre-existing and/or previously approved and constructed wireless support structure or any other structure not classified as a wireless support structure that can support the mounting or installing of a wireless facility if approved by the Township for the purpose of mounting or installing a new wireless facility on that structure. This term includes attaching, installing, replacing, or modifying wireless accessory equipment within a previously approved equipment compound.
H. DECORATIVE POLE — A municipal pole that is specifically designed and placed for aesthetic purposes.
I. DEPLOYMENT — Attachment, placement, construction, installation, or modification of a wireless facility.
J. DISTRIBUTED ANTENNA SYSTEM (DAS) — Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure and consists of:
(1) Remote communications or antenna nodes deployed throughout a desired coverage area, including at least one antenna for transmission and receptions;
(2) A high capacity signal transport medium that is connected to a central communications hub site; and
(3) Radio transceivers located at the hub site to process and control the communications signals transmitted and received through the antennas to provide wireless or mobile service within a geographic area or structure.
K. ELIGIBLE SUPPORT STRUCTURE — Any wireless support structure that the Zoning Hearing Board has previously approved and/or has previously received a zoning and building permit to support one or more wireless facilities at the time an application for a collocated wireless facility or modification is submitted to the Township.
L. EMERGENCY — A condition that:
(1) Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
(2) Has caused or is likely to cause facilities to be unusable and result in loss of the services provided.
M. FCC — Federal Communications Commission.
N. HEIGHT OF A WIRELESS SUPPORT STRUCTURE — The vertical distance from the average finished grade at ground level, as measured from the average finished grade, measured six feet away from the foundation or base to the highest point on the structure vertically, which shall include antennas and subsequent alterations and collocations, and any other appurtenances.
O. MACROCELL WIRELESS FACILITY (MACROCELL WF) — Any wireless support structure that is used for the primary purpose of supporting one or more wireless facilities, including, but not limited to, freestanding pole, tower, self-supporting lattice tower, guy tower, base station, building, water tank, or any other structure not classified as a wireless support structure that could support the placement or installation of a wireless facility if approved by the Township and meets the following criteria:
(1) Is greater than 50 feet in height; or
(2) Is more than 10% taller than other adjacent structures; or
(3) Extends existing structures on which they are located to a to a height of more than 50 feet or by more than 10%, whichever is greater; and
(4) The facility requires antenna structure registration with the Federal Communications Commission;
(5) Is not a small cell wireless facility.
P. MODIFICATION or MODIFY — The improvement, upgrade or expansion of existing wireless facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
Q. MONOPOLE — A wireless support structure or site which consists of a single, freestanding pole, designed and erected on the ground or on top of a structure, to support wireless facilities and connecting appurtenances.
R. MUNICIPAL POLE — A pole owned by the Township in the public right-of-way. The term does not include a utility pole owned by a PUC-regulated public utility, a utility pole used to support a PUC-regulated public utility service, or a utility pole located along a private road or street.
S. MUNICIPAL PROPERTY — Any real property owned and maintained by the Township or a Township authority. This term does not include real property owned and maintained by Lancaster County, the Lancaster City Water Authority, or any real property owned and maintained by a fire department or any real property owned and maintained by the Hempfield School District.
T. PERSON — Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township, or to any department or agency of the Township.
U. PRESUMPTIVELY REASONABLE PERIODS OF TIME
(1) The following are the presumptively reasonable periods of time for action on applications seeking authorization for deployments in the categories set forth below:
(a) Review of an application to collocate a small cell wireless facility using an existing structure and issuance of required approvals: 60 days.
(b) Review of an application to collocate a facility other than a small cell wireless facility using an existing structure: 90 days.
(c) Review of an application to deploy a small cell wireless facility using a new structure and issuance of required approvals: 90 days.
(d) Review of an application to deploy a facility other than a small cell wireless facility using a new structure: 150 days.
(2) Batching.
(a) It a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either Subsection (1)(a) or (1)(b), above, then the presumptively reasonable period of time for the application as a whole is equal to that for a single deployment within that category.
(b) If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within Subsection (1)(a), above, and deployments that fall within Subsection (1)(c), above, then the presumptively reasonable period of time for the application as a whole is 90 days.
(c) The Township may not refuse to accept applications under Subsection (2)(a) and (2)(b).
V. RIGHT-OF-WAY (ROW) — A public right-of-way, public utility easement, highway, street, bridge, tunnel, alley, or road, regardless of which governmental entity has jurisdiction and control over such, and includes the surface, the air space over the surface and the area below the surface. This term shall not include private property, any real or personal municipal property except as defined in this chapter, or any Township buildings, fixtures, poles, conduits, facilities, or other structures or improvements, regardless of whether they are situated in the public right-of-way.
W. REPLACEMENT — The Replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
X. SHOT CLOCK DATE — The shot clock date for a siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to the shot clock period and including any pre-application period asserted by the Township; provided that if the date calculated in this manner is a holiday as established by the Board of Supervisors, the shot clock date is the next business day after such date.
Y. SHOT CLOCK PERIOD — The shot clock period for a siting application is the sum of:
(1) The number of days of the presumptively reasonable period of time for the pertinent type of application; plus
(2) The number of days of the tolling period, if any.
Z. SMALL CELL WIRELESS FACILITY (SMALL CELL WF) — A singular or standalone wireless facility that meets each of the following criteria:
(1) The wireless facility:
(a) Is mounted on structures 50 feet or less in height including their antennas; or
(b) Is mounted on structures no more than 10% taller than other adjacent structures within a two-hundred-fifty-foot radius; or
(c) Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
(2) Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume; and
(4) The facility does not require antenna structure registration with the Federal Communications Commission; and
(5) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the Federal Communications Commission.
AA. SPECTRUM ACT — The federal Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455) requires a state or local government to approve any eligible facilities request for a modification of an existing wireless support structure or base station that does not substantially change the physical dimensions of such wireless support structure or base station.
BB. STEALTH DESIGN — A method of camouflaging applied to any antenna, tower, wireless facilities, wireless support structures, and wireless accessory equipment that enhances compatibility with adjacent land uses and which is visually and aurally unobtrusive. "Stealth design" may include a repurposed structure. Stealth designs could include, but are not limited to the following: church steeple, windmill, bell tower, cupola, Township-approved light standard, flagpole with or without a flag, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, trees, shrubs, bushes, etc.
CC. SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE - A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For wireless support structures other than wireless support structures in the public rights-of-way, it increases the height of the existing wireless support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;
(a) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(2) For wireless support structures other than wireless support structure in the public rights-of-way, it involves adding an appurtenance to the body of the existing wireless support structure that would protrude from the edge of the wireless support structure more than 20 feet, or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(a) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for wireless support structures in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the support structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the support structure;
(b) It entails any excavation or deployment outside the current site;
(c) It would defeat the stealth design elements of the eligible support structure; or
(d) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible wireless support structure or base station equipment; provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv).
DD. TECHNICALLY FEASIBLE — By virtue of engineering or spectrum usage, the proposed placement for a wireless facility or its design or site location can be implemented without a reduction in the functionality of the wireless facility.
EE. TOLLING PERIOD — Unless a written agreement between the applicant and the siting authority provides otherwise, the tolling period for an application (if any) is as set forth below:
Unless a written agreement between the applicant and the siting authority provides otherwise, the tolling period for an application (if any) is as set forth below:
(1) For an initial application to deploy small cell wireless facilities, if the Township notifies the applicant on or before the 10th day after submission that the application is materially incomplete, and clearly and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the siting authority to render the application complete.
(2) For all other initial applications, the tolling period shall be the number of days from:
(a) The business day after the date when the Township notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until
(b) The date when the applicant submits all the documents and information identified by the Township to render the application complete; but
(c) Only if the notice pursuant to Subsection (2)(a) is effectuated on or before the 30th day after the date when the application was submitted; or
(3) For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from:
(a) The business day after the date when the Township notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the Township's original request under Subsection (1) or (2), above, until:
(b) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete; but
(c) Only if the notice pursuant to Subsection (3)(a) is effectuated on or before the 10th day after the date when the applicant makes a supplemental submission in response to the siting authority's request under Subsection (1) or (2), above.
FF. WBCA — Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
GG. WIRELESS — Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
HH. WIRELESS ACCESSORY EQUIPMENT — Any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term "wireless accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
II. WIRELESS EQUIPMENT — Equipment that facilitates transmission for any licensed or authorized wireless service, including, but not limited to, radio transceivers, antennas, cables, and regular and backup power supply.
JJ. WIRELESS EQUIPMENT COMPOUND — An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, wireless equipment, or wireless accessory equipment are located.
KK. WIRELESS FACILITY (WF) — All equipment and network components, including but not limited to antenna facilities, antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment, or any structure used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless services, whether such service is provided on a stand-alone basis or commingled with other wireless services. Wireless facilities shall include Distributed Antenna Systems.
LL. WIRELESS FACILITY APPLICANT (WF APPLICANT) — Any person that applies for a wireless facility building permit, zoning approval highway occupancy permit, and/or permission to use the public right-of-way (ROW) or other municipal property.
MM. WIRELESS INFRASTRUCTURE PROVIDER — A person authorized to provide telecommunication service in the commonwealth that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless service provider.
NN. WIRELESS SERVICES — Services, whether at a fixed location or mobile, provided to the public using wireless facilities.
OO. WIRELESS SERVICES PROVIDER — A person who provides wireless services.
PP. WIRELESS SUPPORT STRUCTURE — A freestanding pole, tower, base station, building, water tank, whether or not it has an existing antenna facility, or any other structure not classified as a wireless support structure that could support the placement or installation of a wireless facility if approved by the Township and is used or to be used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless services.
QQ. WIRELESS SUPPORT STRUCTURE SITE — For wireless support structures other than wireless support structures in the public rights-of-way, the current boundaries of the leased or owned property surrounding the wireless support structure and any access or utility easements currently related to the site, and, for the other eligible support structures, further restricted to that area in proximity to the support structure and to other wireless equipment already deployed on the ground.
RR. UTILITY POLE — A pole or similar structure that is or may be used in whole or in part to provide communications services or for electrical distribution, lighting traffic control, signage, or a similar function, or for collocation. 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 and does not include a pole or similar structure 15 feet in height or less, unless an authorization was granted for such pole.
