Relocations or removal of wireless facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2] The operations of the Township or other governmental entity in the right-of-way;
[3] Vacation of a street or road or the release of a utility easement; or
[4] An emergency as determined by the Township.
Reimbursement for ROW use.
In addition to permit fees as described in this section, every WF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each WF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.
Separation distance.
WFs shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground, unless the WF applicant proves to the satisfaction of the Township that installing its facility in such a location is necessary to provide coverage or capacity and that no other feasible alternative exists.
See
§ 270-5.2Q for complete, detailed information on wireless facilities.
