[Added 9-13-2016 by Ord.
No. 9-2016]
A.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in the City of Lancaster (referred to herein as the "City").
While the City recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the City also recognizes that it has an
obligation to promote public safety and to minimize the adverse visual
effects of such facilities through the standards set forth in the
following provisions.
(2)
By enacting these provisions, the City intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
of necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both City residents and wireless carriers
in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both telecommunications towers and telecommunications
antennas in the City, including facilities both inside and outside
the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, and other wireless
communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their telecommunications antenna and related facilities
on existing towers or infrastructure; and
(f)
Promote the health, safety and welfare of the City's residents.
The following definitions are included and utilized in this
article:
Any entity or person that applies for a wireless communications
facility building permit, zoning approval and/or permission to use
the public right-of-way, City-owned land, or other property.
The mounting of one or more WCFs, including antennas, on
a pre-existing structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Amended 5-10-2022 by Ord. No. 08-2022]
A condition that:
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a telecommunications tower,
including telecommunications antennas mounted on the tower and any
other appurtenances.
Any piece of equipment related to, incidental to, or necessary
for the operation of a telecommunications tower or telecommunications
antenna. By way of illustration, not limitation, "related equipment"
includes generators and base stations.
A wireless communications facility that meets the following
criteria:
[Added 6-25-2019 by Ord. No. 10-2019]
The structure on which antenna facilities
are mounted is 50 feet or less in height, or is no more than 10% taller
than other adjacent structures, or is not extended to a height of
more than 50 feet or by more than 10% above its preexisting height
as a result of the collocation of new antenna facilities; and
Each antenna associated with the
deployment (excluding the associated equipment) is no more than three
cubic feet in volume; and
All antenna equipment associated
with the facility (excluding antennas) are cumulatively no more than
28 cubic feet in volume.
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles,
and light poles.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
[Amended 5-10-2022 by Ord. No. 08-2022]
Any antenna and related equipment attached to a wireless
support structure or other approved support structure. Telecommunications
antennas shall not include support structures for antennas or any
related equipment that is mounted to the ground or at ground level.
Any structure that is constructed for the primary purpose
of supporting one or more telecommunications antennas, including,
but not limited to, self-supporting lattice towers, guy towers and
monopoles. Distributed antenna system hub facilities are considered
to be telecommunications towers.
An area of the City in which all utility installations are
required to by installed underground on a nondiscriminatory basis
and have been required to be so placed by a date certain that is at
least three months prior to the submission of the application for
the proposed small WCF.
[Added 5-10-2022 by Ord. No. 08-2022]
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
A freestanding structure, such as a telecommunications tower
or any other support structure, that could support the placement or
installation of a wireless communications facility if approved by
the City.
A.
General and specific requirements for telecommunications antennas.
(1)
The following regulations shall apply to all telecommunications antennas,
except those operated by a federally licensed amateur radio operator:
(a)
Standard of care. All telecommunications antennas shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the Pennsylvania Uniform Commercial Code, American National
Standards Institute (ANSI) Code, and National Electrical Code. Any
telecommunications antennas shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life
of any person or any property in the City.
(b)
Historic areas. No telecommunications antenna may be located
upon any property, or on a building or structure, that is listed on
either the National or the Pennsylvania Register of Historic Places,
or eligible to be listed. All applications for telecommunications
antennas that do not fall under the provisions of the Pennsylvania
Wireless Broadband Collocation Act[1] and are located in the Heritage Conservation District
shall be reviewed by the City of Lancaster Historic Preservation Specialist
to ensure that the stealth technology chosen for the proposed structure
is appropriate and conforms to City requirements.
[Amended 5-10-2022 by Ord. No. 08-2022]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(c)
Wind. All telecommunications antennas structures shall be designed
to withstand the effects of wind gusts of at least 100 miles per hour
in addition to the standard designed by the American National Standards
Institute as prepared by the engineering departments of the Electronics
Industry Association and Telecommunications Industry Association (ANSI/TIA-222,
as amended).
(d)
Aviation safety. Telecommunications antennas shall comply with
all federal and state laws and regulations concerning aviation safety.
(e)
Public safety communications and other communications services.
Telecommunications antennas shall not interfere with public safety
communications or the reception of broadband, television, radio or
other communication services enjoyed by occupants of nearby properties.
(f)
Radio frequency emissions. A telecommunications antennas shall
not, by itself or in conjunction with other telecommunications antennas
and/or telecommunications towers, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(g)
Timing of approval. The City shall
act on an application for a nontower WCF within 60 days of receiving
a completed application. The City shall notify the WCF applicant in
writing of its decision.
[Added 6-25-2019 by Ord. No. 10-2019[2]]
[2]
Editor's Note: This ordinance also renumbered
former Subsection A(1)(g) through (k) as Subsection A(1)(h) through
(l), respectively.
(h)
Removal. In the event that use of a telecommunications antennas
is discontinued, the owner of the telecommunications antenna shall
provide written notice to the City of its intent to discontinue use
and the date when the use shall be discontinued. Unused or abandoned
telecommunications antennas, or portions of telecommunications antennas,
shall be removed as follows:
[1]
All abandoned or unused telecommunications antennas and related
equipment shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the City.
[2]
If the telecommunications antenna or related equipment is not
removed within two months of the cessation of operations at a site,
or within any longer period approved by the City, the telecommunications
antenna and/or related equipment may be removed by the City. As security,
the City reserves the right to the salvage value of any removed telecommunications
antenna and/or related equipment, if such telecommunications antenna
and/or related equipment are not removed by the owner of such telecommunications
antenna and/or related equipment within the specific time frame enumerated
in this chapter.
(i)
Insurance. Each person that owns or operates a telecommunications
antenna shall provide the City with a certificate of insurance, naming
the City as an additional insured, and 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 telecommunications antenna.
(j)
Indemnification. Each person that owns or operates a telecommunications
antenna shall, at its sole cost and expense, indemnify, defend and
hold harmless the City, 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 person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the telecommunications antenna. Each person that owns
or operates a telecommunications antenna shall defend any actions
or proceedings against the City in which it is claimed that personal
injury, including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a telecommunications
antenna. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages to persons, personal property and real estate,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(k)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The telecommunications antenna shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the City's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(l)
Removal, replacement and modification.
[1]
To the extent permitted by law, the removal and replacement
of telecommunications antennas and/or related equipment for the purpose
of upgrading or repairing the telecommunications antenna is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the wireless support structure or the numbers of telecommunications
antennas.
[2]
To the extent permitted by state law, any material modification
to a telecommunications antenna shall require notice to be provided
to the City and possible supplemental permit approval to the original
permit or authorization.
(2)
In addition to the regulations enumerated above, the following regulations
shall apply to telecommunications antennas that fall under the Pennsylvania
Wireless Broadband Collocation Act:
(a)
Permit required. Telecommunications antenna applicants proposing
the modification of an existing telecommunications tower, which does
not substantially change the dimensions of the existing structure,
shall obtain a building permit from the City. In order to be considered
for such permit, the applicant must submit a permit application to
the City in accordance with applicable permit policies and procedures.
(b)
[3]Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
[3]
Editor’s Note: Former Subsection A(2)(b), regarding
timing of approval, was repealed 6-25-2019 by Ord. No. 10-2019. This
ordinance also renumbered former Subsection A(2)(c) and (d) as Subsection
A(2)(b) and (c), respectively.
(c)
Permit fees. The City may assess appropriate and reasonable
permit fees directly related to the City's actual costs in reviewing
and processing the application for approval of a telecommunications
antenna or $1,000, whichever is less.
(3)
In addition to the regulations enumerated above, the following regulations
shall apply to telecommunications antennas that do not fall under
the Pennsylvania Wireless Broadband Collocation Act:
(a)
Prohibited on certain structures. No telecommunications antenna
shall be located on single-family residences, duplexes, or townhomes.
(b)
Retention of experts. The City may hire any consultant(s) and/or
expert(s) necessary to assist the City in reviewing and evaluating
the application for approval of the telecommunications antenna and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these telecommunications antenna provisions.
The applicant and/or owner of the telecommunications antenna shall
reimburse the City for all costs of the City's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
(c)
Permit fees. The City may assess appropriate and reasonable
permit fees directly related to the City's actual costs in reviewing
and processing the application for approval of a telecommunications
antenna, as well as related inspection, monitoring and related costs.
All such fees shall be adopted by resolution of City Council from
time to time.
(d)
Development regulations. Telecommunications antennas shall be
co-located on existing wireless support structures subject to the
following conditions:
[1]
The total height of any wireless support structure and mounted
telecommunications antenna shall not exceed 20 feet above the maximum
height permitted in the underlying zoning district.
[2]
In accordance with industry standards, all telecommunications
antenna applicants must submit documentation to the City justifying
the total height of the telecommunications antenna. Such documentation
shall be analyzed in the context of such justification on an individual
basis.
[3]
If the applicant proposes to locate the related equipment in
a separate building, the building shall comply with the minimum requirements
for the applicable zoning district, landscaping shall be required
to screen as much of the equipment building as possible and the building
shall comply with all the City of Lancaster requirements, including
stormwater. An evergreen screen shall surround the site. The evergreen
screen shall be a minimum height of six feet at planting and shall
not exceed 10 feet on center.
(e)
A security fence with a maximum height of eight feet shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building, or any structure housing related
equipment, shall not interfere with the parking or vehicular circulations
on the site for the principal use.
(f)
Noncommercial usage exemption. City residents utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
radio and/or Internet connections at their respective residences shall
be exempt from the regulations enumerated in this section of the Zoning
Ordinance. Amateur radio operators are exempt from the regulations
enumerated in this article.
(g)
Design regulations. Telecommunications antennas shall employ
stealth technology and be treated to match the wireless support structure
in order to minimize aesthetic impact. The application of the stealth
technology chosen by the applicant shall be subject to the approval
of the City. In the Heritage Conservation District, the City Historic
Preservation Specialist shall review all proposed telecommunications
antennas in order to ensure that the type of stealth technology is
appropriate.
(h)
Inspection. The City reserves the right to inspect any telecommunications
antenna to ensure compliance with the provisions of the Zoning Ordinance
and any other provisions found within the City Code or state or federal
law. The City and/or its agents shall have the authority to enter
the property upon which a telecommunications antenna is located at
any time, upon reasonable notice to the operator, to ensure such compliance.[4]
[4]
Editor's Note: Former Subsection A(4), Regulations applicable
to all telecommunications antennas located in the public rights-of-way,
which immediately followed this subsection, was repealed 5-10-2022 by Ord. No. 08-2022.
B.
General and specific requirements for all telecommunications towers.
(1)
The following regulations shall apply to all telecommunications towers,
excluding any telecommunications tower that is owned and operated
by a federally licensed amateur radio operator:
(a)
Standard of care. Any telecommunications towers shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the Pennsylvania Uniform Commercial Code, American National
Standards Institute (ANSI) Code, Electrical Code, as well as the accepted
and responsible workmanlike industry practices of the National Association
of Tower Erectors. Any telecommunications towers shall at all times
be kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the City.
(b)
Notice. Upon submission of an application for a telecommunications
tower and the scheduling of the mandatory hearing in front of the
City Zoning Hearing Board, the applicant shall mail notice to all
owners of every property within 500 feet of the proposed facility.
The applicant shall provide proof of the notification to the City.
(c)
Special exception authorization required. Telecommunications
towers are permitted by special exception in all districts, at a height
necessary to satisfy their function in the applicant's wireless communications
system. No applicant shall have the right under these regulations
to erect a tower to the maximum height specified in this section unless
it proves the necessity for such height. The applicant shall demonstrate
that the proposed telecommunications tower is the minimum height necessary
for its service area.
[1]
Prior to the City Zoning Hearing Board's consideration of a
special exception application authorizing the construction and installation
of a telecommunications tower, it shall be incumbent upon the applicant
for such special exception approval to prove to the reasonable satisfaction
of the City Zoning Hearing Board that the applicant cannot adequately
extend or infill its communications system by the use of equipment
such as redoes, repeaters, telecommunications antennas, and other
similar equipment installed on existing structures, such as utility
poles or their appurtenances and other available tall structures.
The applicant shall further demonstrate that the proposed telecommunications
tower must be located where it is proposed in order to serve the applicant's
service area and that no other viable alternative location exists.
[2]
The special exception application shall be accompanied by a
propagation study evidencing the need for the proposed tower or other
communication facilities and equipment, a description of the type
and manufacturer of the proposed transmission/radio equipment, the
frequency range (megahertz band) assigned to the applicant, the power
in watts at which the applicant transmits, and any relevant related
tests conducted by the applicant in determining the need for the proposed
site and installation.
[3]
The special exception application shall be accompanied by documentation
demonstrating that the proposed telecommunications tower complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
Where the telecommunications tower is located on a property
with another principal use, the applicant shall present documentation
to the City Zoning Hearing Board that the owner of the property has
granted an easement for the proposed telecommunications tower and
that vehicular access will be provided to the facility.
[5]
The special exception application shall be accompanied by documentation
demonstrating that the proposed telecommunications tower complies
with all applicable provisions in this section.
(d)
Engineer inspection. Prior to the issuance of a building permit
and a pole permit authorizing construction and erection of a telecommunications
tower, a structural engineer registered in Pennsylvania shall issue
to the City a written certification of the proposed telecommunications
tower's ability to meet the structural standards offered by either
the Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the special exception proceedings before the City Zoning Hearing
Board or, at a minimum, be made as a condition attached to any approval
given such that the certification be provided prior to issuance of
any building permits.
(e)
Visual appearance. Telecommunications towers shall employ stealth
technology. All telecommunications towers and related equipment shall
be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. The City Zoning Hearing Board shall consider whether
its decision upon the subject application will promote the harmonious
and orderly development of the zoning district involved; encourage
compatibility with the character and type of development existing
in the area; benefit neighboring properties by preventing a negative
impact on the aesthetic character of the community; preserve woodlands
and trees existing at the site to the greatest possible extent; and
encourage sound engineering and land development design and construction
principles, practices and techniques. Any utilities extending to the
telecommunications tower shall be placed underground.
(f)
Co-location and siting. An application for a new telecommunications
tower shall demonstrate that the proposed telecommunications tower
cannot be accommodated on an existing or approved structure or building
or on land owned by the City of Lancaster. The City Zoning Hearing
Board may deny an application to construct a new telecommunications
tower if the applicant has not made a good faith effort to mount the
telecommunications antenna on an existing structure. The applicant
shall demonstrate that it contacted the owners of tall structures,
buildings, and towers within a one-quarter-of-a-mile radius of the
site proposed, sought permission to install a telecommunications antenna
on those structures, buildings, and towers and was denied for one
of the following reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower, and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any applicant proposing the
modification of an existing telecommunications tower, which increases
the overall height of such wireless support structure, shall first
obtain a building permit from the City. Nonroutine modifications shall
be prohibited without such permit.
(h)
Gap in coverage. An applicant for a telecommunications tower
must demonstrate that a significant gap in wireless coverage or capacity
exists in the applicable area and that the type of telecommunications
tower being proposed is the least intrusive means by which to fill
that gap. The existence or nonexistence of a gap in wireless coverage
or capacity shall be a factor in the City Zoning Hearing Board's decision
on an application for approval of a telecommunications tower.
(i)
Additional antennas. As a condition of approval for all telecommunications
towers, the WCF applicant shall provide the City with a written commitment
that it will allow other service providers to co-locate telecommunications
antennas on telecommunications towers where technically and economically
feasible. The owner of a telecommunications tower shall not install
any additional telecommunications antennas without obtaining the prior
written approval of the City.
(j)
Wind. Any telecommunications tower structures shall be designed
to withstand the effects of wind gusts of at least 100 miles per hour
in addition to the standard designed by the American National Standards
Institute as prepared by the engineering departments of the Electronics
Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222),
as amended.
(k)
Height. Any telecommunications tower shall be designed at the
minimum functional height. The maximum height of any new telecommunications
tower outside the public rights-of-way shall be 175 feet. Telecommunications
towers in the ROW shall not exceed a height comparable to the average
height of utility poles or electrical poles within a two-block radius
of the proposed facility.
(l)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 250 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing space on
the telecommunications tower.
(m)
Public safety communications and other communications services.
No telecommunications tower shall interfere with public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
(n)
Maintenance. The following maintenance requirements shall apply:
[1]
Any telecommunications tower shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the telecommunications tower in order to promote the safety and security
of the City's residents and utilize the best available technology
for preventing failures and accidents.
(o)
Radio frequency emissions. A telecommunications tower shall
not, by itself or in conjunction with other telecommunications towers
or telecommunications antennas, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(p)
Historic buildings or districts. No telecommunications tower
may be located upon any property, or on a building or structure, that
is listed on either the National or Pennsylvania Register of Historic
Places, that is within the City's Local Historic District (either
inside or outside the public rights-of-way), or that is deemed by
the City to be an historically significant structure. All applications
for proposed telecommunications towers that are to be located in the
Heritage Conservation District shall be reviewed by the City of Lancaster
Historic Preservation Specialist to ensure that the stealth technology
chosen for the proposed structure is appropriate and conforms to City
requirements.
(q)
Signs. All telecommunications towers shall post a sign in a
readily visible location identifying the name and phone number of
a party to contact in the event of an emergency. The only other signage
permitted on the telecommunications tower shall be those required
by the FCC or any other federal or state agency.
(r)
Lighting. No telecommunications tower shall be artificially
lighted, except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. Automatic lighting is prohibited, and all
lighting must be controlled manually by an on-site switch. The applicant
shall promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the City Manager.
(s)
Noise. Telecommunications towers shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the City Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
(t)
Aviation safety. Telecommunications towers shall comply with
all federal and state laws and regulations concerning aviation safety.
(u)
Retention of experts. The City may hire any consultant and/or
expert necessary to assist the City in reviewing and evaluating the
application for approval of the telecommunications tower and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of these provisions. The applicant and/or
owner of the telecommunications tower shall reimburse the City for
all costs of the City's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(v)
Timing of approval.
[Amended 6-25-2019 by Ord. No. 10-2019]
[1]
Within 30 calendar days of the date
that an application for a telecommunications tower is filed with the
City, the City shall notify the applicant in writing of any information
that may be required to complete such application. All applications
for telecommunications towers shall be acted upon within 150 days
of the receipt of a fully completed application for the approval of
such telecommunications towers and the City shall advise the applicant
in writing of its decision. If additional information was requested
by the City to complete an application, the time required by the applicant
to provide the information shall not be counted toward the 150-day
review period.
[2]
If the proposed tower-based WCF meets
the definition of a small wireless communications facility, the application
shall be acted upon by the City within 90 days of the receipt of a
fully completed application for the approval of such small wireless
communications facility and the City shall advise the WCF applicant
in writing of its decision.
(w)
Nonconforming uses. Nonconforming telecommunications towers
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
(x)
Removal. In the event that use of a telecommunications tower
is planned to be discontinued, the owner shall provide written notice
to the City of its intent to discontinue use and the date when the
use shall be discontinued. Unused or abandoned telecommunications
towers or portions of telecommunications towers shall be removed as
follows:
[1]
All unused or abandoned telecommunications towers and related
equipment shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the City.
[2]
If the telecommunications tower and/or related equipment is
not removed within two months of the cessation of operations at a
site, or within any longer period approved by the City, the telecommunications
tower and related equipment may be removed by the City and the cost
of removal assessed against the owner of the telecommunications tower.
As security, the City reserves the right to the salvage value of any
removed telecommunications tower and/or related equipment, if such
telecommunications tower and/or related equipment is not removed by
the owner within the time frames enumerated in this chapter.
[3]
Any unused portions of telecommunications towers, including
antennas, shall be removed within two months of the time of cessation
of operations. The City must approve all replacements of portions
of a telecommunications tower previously removed.
(y)
Permit fees. The City may assess appropriate and reasonable
permit fees directly related to the City's actual costs in reviewing
and processing the application for approval of a telecommunications
tower, as well as related inspection, monitoring, and related costs.
(z)
FCC license. Each person that owns or operates a telecommunications
tower over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(aa)
Insurance. Each person that owns or operates a telecommunications
tower greater than 40 feet in height shall provide the City with a
certificate of insurance naming the City as an additional insured
and evidencing general liability coverage in the minimum amount of
$5,000,000 per occurrence and property damage coverage in the minimum
amount of $5,000,000 per occurrence covering the telecommunications
tower. Each person that owns or operates a telecommunications tower
40 feet or less in height shall provide the City with a certificate
of insurance naming the City as an additional insured and 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 each telecommunications tower.
(bb)
Indemnification. Each person that owns or operates a telecommunications
tower shall, at its sole cost and expense, indemnify, defend and hold
harmless the City, 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 person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the telecommunications tower. Each person that owns
or operates a telecommunications tower shall defend any actions or
proceedings against the City in which it is claimed that personal
injury, including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of the telecommunications
tower. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(cc)
Engineer signature. All plans and drawings for a telecommunications
tower shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(dd)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a telecommunications tower, the applicant
shall provide to the City financial security sufficient to guarantee
the construction of the telecommunications tower. Said financial security
shall remain in place until the telecommunications tower is fully
constructed. Should the telecommunications tower be abandoned by the
owner and/or operator and not removed within two months of such abandonment,
the City shall have the authority to remove the telecommunications
tower and sell all of its pieces, as well as related equipment, used
in the operation of the telecommunications tower, in order to recover
the cost of said removal.
(2)
In addition to the regulations enumerated above, the following regulations
shall apply to telecommunications towers located outside the public
rights-of-way:
(a)
Development regulations.
[1]
Telecommunications towers shall not be located in or within
75 feet of an area in which all utilities are located underground.
[3]
Sole use on a lot. A telecommunications tower shall be permitted
as a sole use on a lot, provided that the underlying lot meets the
minimum size specifications set forth in the City Zoning Code.
[4]
Combined with another use. A telecommunications tower may be
permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
telecommunications tower.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the telecommunications tower and
guy wires, the equipment building, security fence, and buffer planting
if the proposed telecommunications towers is greater than 40 feet
in height.
[c]
Minimum setbacks. The minimum distance between
the base of a telecommunications tower and any adjoining property
line or street right-of-way line shall be equal to 100% of the height
of the telecommunications tower. The underlying lot must be large
enough to accommodate related equipment, stormwater runoff mechanisms,
and all other features typically found within the immediate area of
a telecommunications tower.
(b)
Design regulations.
[1]
The telecommunications tower shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact. Application
of the stealth technology chosen by the applicant shall be subject
to the approval of the City Zoning Hearing Board.
[2]
To the extent permissible by law, any height extensions to an
existing telecommunications tower shall require prior approval of
the City.
[3]
Any proposed telecommunications tower shall be designed structurally,
electrically, and in all respects to accommodate both the applicant's
telecommunications antennas and comparable telecommunications antennas,
for the maximum amount of future users based on the size of the proposed
telecommunications tower.
[4]
Any telecommunications tower over 40 feet in height shall be
equipped with an anti-climbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the telecommunications tower
shall be preserved to the maximum extent possible.
[2]
The applicant shall submit a soil report to the City complying
with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222,
as amended, to document and verify the design specifications of the
foundation of the telecommunications tower and anchors for guy wires,
if used.
(d)
Fence/screen.
[1]
A security fence with a maximum height of eight feet shall completely
surround any telecommunications tower greater than 40 feet in height,
as well as guy wires, or any building housing related equipment.
(e)
Related equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a telecommunications tower shall be placed underground or screened
from public view using stealth technologies, as described herein.
[2]
All related equipment shall be architecturally designed to blend
into the environment in which it is situated and shall meet the minimum
setback requirements of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to telecommunications
towers. The access road shall be a dust-free all-weather surface for
its entire length. Maximum use of existing roads, whether public or
private, shall be made to the extent practicable. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the telecommunications
tower owner shall present documentation to the City that the property
owner has granted an easement for the proposed facility.
(g)
Parking. For each telecommunications tower greater than 40 feet
in height, there shall be two off-street parking spaces.
(h)
Inspection. The City reserves the right to inspect any telecommunications
tower to ensure compliance with the Zoning Ordinance and any other
provisions found within the City Code or state or federal law. The
City and/or its agents shall have the authority to enter the property
upon which a telecommunications tower is located at any time, upon
reasonable notice to the operator, to ensure such compliance.[5]
[5]
Editor's Note: Former Subsection B(3), regarding telecommunications
towers in public rights-of-way, which immediately followed this subsection,
was repealed 5-10-2022 by Ord. No. 08-2022.
C.
Small
wireless communications facilities.
[Added 5-10-2022 by Ord. No. 08-2022]
(1)
Small wireless communications facilities that are located inside the public rights-of-way shall be a permitted use in all City zoning districts subject to the requirements of Chapter 263 of the Code of the City of Lancaster and generally applicable permitting.
(3)
The following requirements shall apply to all small WCFs that are
located outside the public rights-of-way:
(a)
An application for a small WCF shall include the following:
[1]
The location of the proposed small WCF, including latitudinal/longitudinal
coordinates and street address;
[2]
Evidence that the owner of the property and/or wireless support
structure on which the proposed small WCF will be located has authorized
construction of the proposed small WCF.
[3]
Documentation demonstrating compliance with the requirements of this § 300-87C, including construction and engineering drawings;
[4]
Self-certification that the filing and approval of the application
is required by the applicant to provide additional capacity or coverage
for wireless services;
[5]
Documentation demonstrating compliance with the requirements
of the Small Wireless Communications Facility Design Manual and a
completed Small Wireless Communications Facility Design Checklist;
[6]
If the small WCF will require the installation of a new wireless
support structure, documentation showing that the applicant has made
a good faith determination that it cannot meet the service reliability
and functional objectives of the application by co-locating on an
existing wireless support structure. Such determination shall be based
on whether the applicant can meet the service objectives of the application
by co-locating on an existing wireless support structure on which:
[7]
A report prepared by a qualified engineering expert which shows
that the small WCF will comply with all applicable FCC regulations,
including but not limited to those relating radiofrequency emissions.
(b)
Standard of care. Any small WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the Pennsylvania
Uniform Commercial Code, American National Standards Institute (ANSI)
Code, Electrical Code, as well as the industry standard applicable
to the wireless support structure. Any small WCF shall at all times
be kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the City.
(c)
Underground utilities. Small WCFs requiring the installation
of a new wireless support structure shall not be located in an Underground
Area.
(d)
Engineer inspection. Prior to the issuance of a building permit
and/or a pole permit authorizing construction and erection of a small
WCF, a structural engineer registered in Pennsylvania shall issue
to the City a written certification of the proposed wireless support
structure's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
to the Zoning Officer, at a minimum, be made as a condition attached
to any approval given such that the certification be provided prior
to issuance of any building permits.
(e)
Design. All small WCFs shall comply with the applicable requirements
of the City of Lancaster Small Wireless Communications Facility Design
Manual.
(f)
Visual appearance.
[1]
The applicant shall ensure that existing vegetation, trees and
shrubs located within proximity to the small WCF shall be preserved
to the maximum extent possible. All applications for small WCFs that
are located in the Heritage Conservation District shall be reviewed
by the City of Lancaster Historic Preservation Specialist to ensure
that the stealth technology chosen for the proposed structure is appropriate
and conforms to City requirements.
[2]
Small WCFs shall employ stealth technology. All small WCFs and
related equipment shall be aesthetically and architecturally compatible
with the surrounding environment and shall be designed to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. Any utilities extending to the small WCF shall be
placed underground.
[3]
Ground-mounted related equipment associated with, or connected
with, a small WCF shall be placed underground or screened from public
view using Stealth Technology, as described herein.
[4]
All necessary tree permits shall be obtained in accordance with
City ordinances.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any applicant proposing the
modification of an existing small WCF, which increases the overall
height of the small WCF, shall first obtain a building permit from
the City. Nonroutine modifications shall be prohibited without such
permit.
(h)
Historic buildings. No small WCF may be located within 100 feet
of any property, or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed.
(i)
Graffiti. Any graffiti on a small WCF, including the wireless
support structure and any related equipment, shall be removed at the
sole expense of the owner within 30 days of notification by the City.
(j)
Minimum setbacks. The minimum distance between the base of a
small WCF requiring the installation of a new wireless support structure
shall be equal to 100% of the height of the small WCF, unless the
applicant provides evidence to the satisfaction of the City that a
lesser setback will have no negative effect on public safety.
(k)
Timing of approval.
[1]
Within 10 calendar days of the date that an application for
a small WCF is filed with the City Zoning Officer, the City shall
notify the applicant in writing of any information that may be required
to complete such application.
[2]
Within 60 days of receipt of an application for co-location
of a small WCF on a preexisting wireless support structure, and subject
to applicable tolling procedures as established by federal law, the
City Zoning Officer shall make a final decision on whether to approve
the application and shall notify the applicant in writing of such
decision.
[3]
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new or replacement wireless support
structure, and subject to applicable tolling procedures as established
by federal law, the City Zoning Officer shall make a final decision
on whether to approve the application and shall notify the applicant
in writing of such decision.
(l)
Inspection. The City reserves the right to inspect any small
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the City Code or state or federal law. The City and/or
its agents shall have the authority to enter the property upon which
a small WCF is located at any time, upon reasonable notice to the
operator and property owner, to ensure such compliance.
(m)
Insurance. Each person that owns or operates a small WCF shall
provide the City with a certificate of insurance, naming the City
as an additional insured, and 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 WCF.
(n)
Indemnification. The owner of any small WCF in the ROW shall
fully indemnify and hold the City and its officers, employees and
agents harmless against any claims, lawsuits, judgments, costs, liens,
expenses or fees or any other damages caused by the act, error or
omission of the owner of the WCF or its officers, agents, employees,
directors, contractors or subcontractors while installing, repairing
or maintaining small WCFs or wireless support structures within the
ROW. The owner of a small WCF shall not be required to indemnify for
an act of negligence or willful misconduct by the City, its elected
or appointed officials, employees or agents.
The City, by granting any permit or taking any other action
pursuant to this chapter, does not waive, reduce, lessen or impair
the lawful police powers vested in the City under applicable federal,
state and local laws and regulations.