53 Pa. Stat. § 11702.4

Current through P.A. Acts 2023-32
Section 11702.4 - Processing of applications
(a)General rule.--Notwithstanding the Pennsylvania Municipalities Planning Code or other land use or zoning ordinances or regulations, an application for replacement, collocation or modification of a wireless telecommunications facility or wireless support structure entitled to processing under this section shall be reviewed for conformance with the municipality's applicable building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment, but shall not be subject to the issuance of new zoning or land use approvals or review beyond the initial zoning or land use approvals issued for the previously approved wireless support structure or wireless telecommunications facility. Replacement of wireless telecommunications facilities on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the municipality.
(b)Applications.--An application shall be deemed complete when all documents, information and fees specifically enumerated in the municipality's regulations, ordinances and forms pertaining to the location, modification or operation of wireless telecommunications facilities are submitted by the applicant to the municipality. The following shall apply:
(1) Within 30 calendar days of the date an application for modification or collocation is filed with the municipality, the municipality shall notify the applicant in writing of any information required to complete the application. If additional information is required to complete the application, the time required by the applicant to provide the information shall not be counted toward the 90-calendar-day review period under paragraph (2).
(2) Within 90 calendar days of the date an application for modification or collocation of a wireless telecommunications facility is filed with the municipality, unless another date is specified in a written agreement between the municipality and the applicant, the municipality shall do all of the following:
(i) Make its final decision to approve the application.
(ii) Advise the applicant in writing of its final decision.
(3) If the municipality fails to act upon an application for the modification or collocation of wireless telecommunications facilities within 90 calendar days as provided under paragraph (2), the application shall be deemed approved. If a municipality has advised the applicant in writing that additional information is required to complete the application pursuant to paragraph (1), the time required by the applicant to provide the information shall not be counted toward the 90-day period within which the municipality's failure to act shall result in a deemed approval.
(c)Requirements.--The process under this section shall apply to all applications for modification, replacement and collocation that meet all of the following requirements:
(1) The proposed collocation, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications facilities are to be attached.
(2) The proposed collocation, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array, provided, however, that nothing herein shall preclude an applicant from further increasing the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array if permitted and approved by the municipality.
(3) The proposed collocation, modification or replacement may not increase the dimensions of the equipment compound approved by the municipality.
(4) The proposed collocation, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
(5) The proposed collocation, modification or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.

53 P.S. § 11702.4

2012, Oct. 24, P.L. 1501, No. 191, § 4, effective in 60 days [Dec. 24, 2012].