[Adopted 8-5-2013 by Ord. No. 3-2013]
It has been determined by the Township that the construction
or erection of a building or structure in a manner which interferes
with any Lancaster County law enforcement, public safety, and other
emergency-related wireless communications networks constitutes a nuisance
because it threatens the health, safety and welfare of the residents
and visitors to the Township. In addition to any other remedies of
enforcement procedures provided therein, Township may seek an injunction
to restrain such a nuisance.
The decision of the LCWC regarding the obligations of the developer under §
200-4 above may be appealed to the Board of County Commissioners for determination of whether the conditions imposed are appropriate with reference to the impact of the development upon the LCWC system. Such an appeal shall be required in writing 30 days of the date that the wireless communications group issues its written findings.
When an in-building radio system is required, the building owner
shall test all active components of the system including, but not
limited to, amplifiers, power supplies and backup batteries a minimum
of once every two years. Amplifiers shall be tested to ensure that
the gain is the same as it was upon initial installation and acceptance.
Backup batteries and power supplies shall be tested under load for
a period of one hour to verify they will properly operate during an
actual power outage. If within the one-hour test period, in the opinion
of the testing technician, the battery exhibits symptoms of failure,
the test shall be extended for one additional hour until the test
technician confirms the integrity of the battery. All other active
components shall be checked to determine that they are operating within
the manufacturer's specifications for the intended purposes.
In addition to the test required in §
200-8, the building owner shall perform a radio coverage test a minimum of once every six years to ensure that the radio system continues to meet the requirements of the original acceptance test. The procedure set forth in §
200-8 shall apply. A copy of the accepted tests shall be provided to the LCWC.
All tests shall be conducted, documented and signed by a person
approved by LCWC. All test records shall be retained on the inspected
premises by the building owner. A copy of the test reports shall be
forwarded to LCWC.
This article shall not apply to single-family residential structures,
residential developments of less than 100 dwelling units, buildings
constructed of wood frame, and buildings 35 feet high or less, as
long as none of the aforementioned buildings make use of any metal
construction or any underground storage or parking areas. For purposes
of this article, parking structures and stairwells are included in
the definition of "building" and "structure" and stair shafts are
included in the definition of "all parts of a building."
Violations of the provisions of this article shall be punishable
as provided by the Second Class Township Code of the Commonwealth
of Pennsylvania, 53 P.S. § 66601(c.1)(2). The fine for a
violation of this article shall be $100 per day. A separate offense
shall arise for each day, or portion thereof, in which a violation
is found to exist.