(1) Uses permitted. Micro facilities are the only type of wireless communication facilities permitted in a right-of-way.
(2) Support structure. The antenna array must be mounted on a monopole support structure, such as a utility pole, in compliance with construction standards approved by the Township Engineer. The support structure shall be of essentially the same appearance as the existing support structures and must be located in proximity to other similar support structures within the right-of-way. The new support structure should not exceed 60 feet.
(3) Right-of-way use agreement. Every provider who desires to construct, install or maintain wireless communication facilities in the right-of-way must enter into a right-of-way use agreement with the appropriate municipal entity owning the right-of-way. This is a prerequisite to the issuance of right-of-way use permits.
(4) Right-of-way use permit required. Every provider who constructs, installs or maintains a wireless communication facility in the right-of-way must obtain a right-of-way use permit for each such facility by making application to the Department of Code Enforcement for each location and paying a fee therefor as set forth from time to time by resolution of the Board of Commissioners. A single application may request permits for multiple sites along a single corridor.
(a) Nature of grant. A use permit shall not convey title, equitable or legal, in the right-of-way. A use permit grants the right to occupy right-of-way in the Township and may also grant the right to erect a new support structure.
(b) Support structure attachment agreement. If the antenna array is to be erected on a third party's support structure, the consent of the third party must be attached to the application. If the antenna array is to be erected on a Township support structure, the application shall include a request thereof. If granted, the provider must enter into a support structure attachment agreement with the Township and pay an annual fee for the use of the Township's facilities.
(c) Transfer of permit. Use permits may be transferred upon notification to the Township and acceptance by the transferee, but only to a provider who is a party to a current right-of-way use agreement with the owning entity.
(d) Term of use permits. Use permits shall have a one-year term, automatically renewable, subject to then-current code provisions and the payment of an annual user fee to the Township.
(e) Location. The Township shall refuse to issue a use permit if the proposed location of the wireless communication facility interferes with the use of the right-of-way by others or is contrary to public safety. The Township shall require a permitted wireless communication facility to be relocated at the permittee's expense if necessary to accommodate the location or relocation of the right-of-way facilities of the Township or a public utility or to protect the public safety.
(5) Equipment facility. In the event that any equipment facility of an outside volume exceeding eight cubic feet is installed in the right-of-way, such equipment facility must be installed so that the roof or lid is either below or is flush with local ground-level grade. All such equipment facilities shall be shown in the application. The Board of Commissioners may grant a waiver to this requirement, on a case-by-case basis, upon the applicant's showing of need, provided that the facility does not constitute an obstruction in the right-of-way which would endanger public safety.
(a) Equipment cabinets of any size on a support base located outside of the right-of-way used in conjunction with a wireless communications facility within the right-of-way will not be considered a separate use of the property upon which they are located, except in a residentially zoned district.
