Small wireless facilities in the right-of-way shall be treated as a permitted use in all areas of the Township, except underground districts as established and designated by the Township from time-to-time, and shall be reviewed by the Township for conformity with all applicable codes.

Applications for small wireless facilities shall be submitted to the Township, or, if applicable, the Township's designee. All applicants shall submit both a paper copy and an electronic copy (in a searchable format) of any application, as well as any amendments or supplements to the application or responses to requests for information regarding an application. An application is not complete until both the paper and electronic copies are received.

A single applicant seeking to collocate is permitted to submit a consolidated application for collocation of up to 20 small wireless facilities. An applicant, however, may not submit more than one consolidated or 20 single applications for collocated small wireless facilities in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, then the applicable timeframe for processing applications specified in this section shall be extended by 15 days.

Applications are public records that may be subject to disclosure under the Pennsylvania Right-to-Know Law. The applicant must designate any portions of the application materials that it reasonably believes contain proprietary or confidential information by clearly and conspicuously marking each portion of such materials accordingly. If the Township determines that the information is subject to disclosure, such determination shall be conclusive. If the Township determines that a right-to-know request asks for proprietary or confidential information regarding a small wireless facility, then the Township shall notify the relevant applicant within five days of receiving said request pursuant to the Right-to-Know Law. The applicant and Township shall use all reasonable efforts to coordinate a response pursuant to the Right-to-Know Law. If the applicant determines that the requested information is considered confidential or proprietary information as defined by the Right-to-Know Law, or that any other exemption applies, then the applicant shall notify the Township within five days of it receiving notification from the Township. If the applicant requests that the Township deny a request pursuant to the Right-to-Know Law, then the applicant shall be required to enter into an agreement with the Township indemnifying the Township for any and all legal expenses incurred by the Township as a result of any challenge to the denial.

Applicant must pay an application fee for each application or consolidated application pursuant to a fee schedule adopted by the Township as amended from time-to-time by resolution or otherwise. Where no such fee schedule has been adopted, applicant shall pay:

In addition to the application process set forth herein, applicant shall be responsible, as may be required by law, to obtain any other governmental or regulatory permits and approvals required for the installation or modification of a small wireless facility. The Township shall not be liable as a result of accepting an application or issuing a permit in the event that an applicant is prevented from placing and/or maintaining its small wireless facility pursuant to this section.

Applications for small wireless facilities shall include the following:

Timing of application review.

Once approved, the applicant shall be required to coordinate installation of the small wireless facility to result in the least interference with the public use of the right-of-way as possible.

The permittee and/or owner of each small wireless facility shall be invoiced for the first annual fee on the date the permit is issued, prorated based on the proportion of the calendar year then remaining. Subsequent invoicing shall be prospective and occur each January. Said invoices shall be paid within 30 days of receipt thereof. Any unpaid invoice shall be subject to interest accruing on the unpaid amount at 18% per annum beginning on the 31st day from the date of invoice until paid.

All abandoned or unused small wireless facilities and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the small wireless facility has been deemed abandoned by the Township unless a time extension is approved by the Township.

If the small wireless facility or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the small wireless facility and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the small wireless facility regardless of the owner's or operator's intent to operate the small wireless facility in the future.

The Township reserves the right to pursue all available remedies under the law to ensure removal of the small wireless facility and restoration of the site at the expense of the permittee. Any delay by the Township in taking action shall not invalidate the Township's right to take action.

With respect to a small wireless facility collocated on a municipal pole, the Township may abandon a municipal pole upon 30 days' notice to the permittee. Permittee must remove or transfer all Facilities from abandoned municipal poles within the same 30 days unless granted additional time by the Township. The Township will not unreasonably withhold consent of such request for additional time. The permittee shall post a decommissioning bond in the amount of 100% of the total cost of decommissioning with the Township. If the Township has no attachment(s) on said municipal poles and the permittee has not removed or transferred its Facilities therefrom, the Township may, in its sole discretion: (1) revoke the permit for that municipal pole; or (2) remove the small wireless facilities at the permit holder's expense, with no liability falling on the Township except in the case of gross negligence or willful misconduct.

The Township determines that the space is needed for public purpose; or

The Township desires to decommission the utility pole; or

The Township designates the area of the subject utility pole or wireless support structure as an underground district.

Maintain all valid licenses, registrations or certificates required by the federal government, the commonwealth or the applicable local government entity that is necessary to do business or perform applicable work.

Maintain compliance with the act of June 2, 1915 (P.L. 736, No. 338), known as the Workers' Compensation Act, the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law, and bonding and liability insurance requirements as specified in the contract for the project.

Has not defaulted on a project or been suspended on a project by the federal government, the commonwealth, or a local government entity within the previous three years.

Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years.

Has completed the United States Occupational Safety and Health Administration's ten-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.

Prior to the commencement of work, the contractor and/or subcontractor shall provide the Township with a certificate of insurance, in a form satisfactory to the Township Solicitor, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small wireless facility and naming the Township as an additional insured on each insurance policy. All permits issued for location of a small wireless facility pursuant to this section shall be deemed to be revoked in the event said insurance policy is cancelled, expires, or ceases to exist.

The contractor and/or subcontractor shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the contractor and/or subcontractor, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the small wireless facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, verdicts, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.