[HISTORY: Adopted by the Board of Supervisors
of the Township of Lawrence 5-2017 by Ord. No. 2017-01. Amendments noted
where applicable.]
The purposes of this chapter include a establish reliable standards
for the siting, design, desire to permitting, construction, operation,
inspection, maintenance, repair, modification, removal and replacement
of wireless communications facilities in recognition of the Federal
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
(1996); the Federal Middle Class Tax Relief and Job Creation Act of
2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012); and
FCC regulations promulgated thereunder by the Federal Communications
Commission (FCC), including the FCC's Report and Order of October
21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless
Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.l
et seq., in Lawrence Township (the "Township"). Moreover, the Township
desires to plan and accommodate for the managed deployment of infrastructure
that is necessary to accommodate the wireless communications needs
of the Township's residents, businesses and emergency service
providers. While the Township recognizes the benefit of wireless communications
facilities in providing high quality communications service and enhancement
to its residents, businesses and emergency service providers, the
Township also recognizes that it has an obligation to protect public
safety through the standards set forth in the following provisions.
The definitions found hereby apply to only the wireless communications
facilities and the regulations found in this chapter:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar equipment.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communications services. An antenna shall not include private
residence-mounted satellite dishes or television antennas or amateur
radio equipment, including, without limitation, ham or citizens band
radio antenna.
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this subpart o any
equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services private, broadcast, and public
safety services, as unlicensed wireless services (i.e., Wi-Fi) and
fixed equipment such as well as wireless services (i.e., point-to-point
microwave transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this chapter, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station, provided that it is existing at
the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
A nonfreestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function satisfactory.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure
to support communications antennas and connect appurtenances.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
The surface of and space above and below any real property
in the municipality in which the federal government, Commonwealth,
municipality or municipal authority has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
federal government, Commonwealth, municipality, or municipal authority,
and any nonexclusive public or utility easements established, dedicated,
platted, improved or devoted for utility purposes. Private rights-of-way
and other government-owned lands not listed above shall not be considered
a right-of-way. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed WCF into the existing structure or visual backdrop in such
a manner as to render it less 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, light poles, utility poles or flagpoles.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases which deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
For towers other than towers in the public rights-of way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet.
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services (i.e., Wi-Fi)
and fixed wireless services (i.e., point-to-point microwave transmission)
such as microwave backhaul, and the associated site. A building, water
tower, electrical transmission tower, utility pole, light pole, traffic
signal pole, flagpole or other similar structure designed and constructed
for a sole or primary purpose other than supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities,
as well as a Ft. Worth attachment, shall not be considered a tower.
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (i.e., building, water tower,
utility pole, light pole, traffic signal pole, flagpole or other similar
structure) to support the weight of a WCF is not considered a new
tower-based WCF.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiberoptic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
Wireless communications facilities located on existing structures
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flagpoles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, personal communications services
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
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Table 3.1.a Permitted Zoning Districts
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WCF Type
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Permitted Zoning Districts
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Permitted by Right, CU or SE
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A
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Tower-based WCF located in the ROW
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Nonresidential zoning districts
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By right
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Residential zoning districts (subject to Table 3.1.b below
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CU or SE
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B
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Tower-based WCF where the tower is 40 feet or less in height,
located out of the ROW
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Nonresidential lots or properties in residential zoning districts
(subject to Table 3.1.b below)
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By right
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Nonresidential zoning districts
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Municipal-owned property in all zoning districts
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C
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Tower-based WCF where the tower is more than 40 feet in height,
located out of the ROW
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Nonresidential zoning districts
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By right
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Church, school, public or semipublic or other institutional
lots or properties in residential zoning districts
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D
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WCF on existing structures1
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All zoning districts
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By right
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E
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Eligible facilities request
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NOTES:
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1
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WCFs on existing structures typically have minimum impacts in
the zoning districts where they are located, as they are located on
existing structures and do not require the installation of new towers.
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Table 3.1.b
Prohibited Zoning Districts
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|---|---|---|
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WCF Type
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Prohibited Zoning Districts
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A
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Tower-based WCF located out of the ROW
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Residential lots or properties in residential zoning districts
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B
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Tower-based WCF located in the ROW
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Residential zoning districts where all public service utilities
are primarily located underground within 100 feet of the proposed
tower or base station
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Table 4.1 Tower-Based WCFs
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|---|---|---|---|
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WCF out of ROW
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WCF in ROW
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Height
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Tower-based WCFs shall be designed to minimum functional height1
Applicants must submit documentation justifying the total height
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Tower-based WCFs shall be designed to minimum functional height,
not to exceed 40 feet in residential zoning districts and 60 feet
in nonresidential zoning districts
Applicants must submit documentation justifying the total height
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Lot Size
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Only use on lot or property
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Subject to underlying zoning district
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Not applicable
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Combined with another use on lot or property
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Area needed to accommodate the WCF and guy wires, accessory
equipment, and, if required, security fence and landscaping and screening
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Setbacks
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Towers
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Setback from property lines, not lease lines, at least 100%-110%
of the combined height of the wireless support structure and antennas,
or the applicable minimum building setback in the underlying zoning
district, whichever is greater2
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Not applicable
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Equipment buildings/cabinets
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Subject to the applicable minimum accessory use or structure
setback in the underlying zoning district
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NOTES:
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|---|---|
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1
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Typically, the applicant will demonstrate that the facility
is the minimum height necessary in order for the facility to meet
its intended function in the applicant's system and to provide
reliable service. This usually requires the testimony of a radio frequency
design engineer.
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2
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Tower-based WCF setbacks are implemented to protect surrounding
properties should a tower collapse and are thus related to the height
of the tower.
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A.
All WCFs shall be sited, designed, constructed, operated, inspected,
maintained, repaired, modified, removed and replaced in strict compliance
with all current applicable federal and state technical and safety
codes.[1]
[1]
Note: Federal and State agencies include but are not limited
to the following: Federal Communications Commission (FCC), American
National Standards Institute (ANSI), National Electrical Safety Code,
National Electric Code, and National Association of Tower Erectors.
B.
Subdivision plan approval shall not be required when a WCF is located
on a leased parcel that is less than the entire lot or property.
C.
All WCFs shall be operated in accordance with all applicable FCC
rules regarding interference with public safety communications or
the reception of broadband, television, radio or other communications
services.
D.
Co-location. All tower-based WCFs where the tower is more than 40
feet in height, located outside of the right-of-way, shall be designed
to accommodate both the applicant's antennas and comparable antennas
for future users. As a condition of approval for all tower-based WCFs
where the tower is more than 40 feet in height, the applicant shall
agree to allow other service providers to co-locate antennas on the
tower where technically and economically feasible.
E.
Signage. All WCFs shall include a posted sign at the location. Such
signage shall include the ownership; contact name and phone number
in the event of an emergency and Federal Communications Commission
(FCC) registration number (if applicable). Such signage shall not
include commercial advertising and is subject to approval by the municipality.
F.
Lighting. Towers shall not be artificially lighted beyond what is
required by law.[2]
[2]
Note: The Federal Aviation Administration (FAA) may require
lighting of structures 200 feet or greater in height. Towers that
meet certain height and location criteria (generally towers more than
200 feet in height or located near an airport) will require notice
to the FAA and registration with the FCC.
G.
Noise. All WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards established by the municipality.
The use of a backup generator in emergency situations and periodic
maintenance and testing by the wireless communications provider's
technicians shall be permitted, where such noise standards may be
exceeded, on a temporary basis.
H.
Vehicular access.
(1)
An access driveway and one off-street parking space shall be provided
to ensure adequate emergency and service access to all tower-based
WCFs located outside of the right-of-way.
(2)
Maximum use of existing roads, whether public or private, shall be
made to the extent practicable.
(3)
Where possible, access driveway construction shall at all times minimize
ground disturbance and the cutting of vegetation.
(4)
Access driveway grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion.
(5)
An applicant shall present documentation to the Township that the
property owners have granted an access easement for the proposed WCF
if located on a lot or property.
(6)
Any required access easement shall be a minimum of 20 feet in width
and the access driveway shall be improved with a dust-free, all-weather
surface, including gravel, to a width of at least 10 feet throughout
its entire length.
(7)
Vehicular access to all WCFS shall not interfere with the parking
or vehicular circulations for a principal use, if located on the lot
or property. However, where appropriate and available, existing parking
for the principal or other uses on the lot or property may be utilized.
I.
Fencing. A security fence, which may include barbed wire, with a
minimum height of eight feet may be required to surround any tower-based
WCF located outside the right-of-way, where the tower is more than
40 feet in height, including guy wires, associated equipment, and
buildings. The requirement for a security fence may be waived by the
Township when the fence would not be appropriate or feasible.[3]
[3]
Note: In some cases fencing may not be practical or desirable.
This regulation states that fencing "may" be required, which provides
flexibility for elected officials to require or not require fencing
depending on the situation at hand.
J.
Safety in rights-of-way.
(1)
Schedule of operations. The Township shall determine the time, place
and manner in siting, design, construction, maintenance, repair, modification,
removal and/or replacement of all WCFs located in the right-of-way
based on public safety, traffic management, physical burden on the
right-of-way and related considerations. For public utilities, the
time, place and manner requirements shall be consistent with the police
powers of the Township and the requirements of the Public Utility
Code.
(2)
Alternation of a WCF. Within 60 days following written notice from
the Township, or such longer period as the municipality determines
is reasonably necessary or such shorter period in the case on an emergency,
an owner of a WCF located in the right-of-way shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utilities Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under any one of the following circumstances:
(a)
The construction, repair, maintenance or installation of any
municipal or other public improvement located in the right-of-way.
(b)
The operations of the Township or governmental entity in the
right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Township.
(e)
No permit is required for such removal, relocation, change or
alteration ordered by the Township
(3)
Visual obstruction. All WCFs and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the right-of-way
as determined by the Township. In no case shall ground-mounted equipment,
walls, screening or landscaping be located within 18 inches of the
face of the curb, or in an area in which there are no curbs, within
three feet of the edge of cartway.
K.
Maintenance. An applicant for a WCF shall describe anticipate maintenance
needs, including frequency of service, personnel needs and equipment
needs, and the traffic, safety and noise impacts of such maintenance.
L.
Soil report. An applicant for a tower-based WCF where the new tower
is more than 40 feet in height, shall submit a soil report complying
with the standards of geotechnical investigations, ANSI/EIA-222-G,
as amended, to the Township Engineer prior to construction to document
and verify the design specifications of the foundation for the wireless
support structure and anchors for the guy wires, if used.
N.
Inspections for all WCFs where the new tower is more than 40 feet
in height.
(1)
A copy of any required inspection report shall be provided to the
Township following the inspection. Any repairs advised by report shall
be completed by the WCF owner within 60 calendar days after the report
is filed with the Township.
O.
Equipment storage. The storage of unused equipment or supplies is
prohibited on any WCF site.
A.
Stealth technology. All WCFs shall employ the most current stealth
technology available, where appropriate, in an effort to appropriately
blend the proposed WCF into the surrounding environment and minimize
aesthetic impact. Equipment buildings and cabinets shall be designed
to blend into the environment in which they are situated, to the extent
practicable.
B.
Landscaping and screening. An applicant for a WCF where the new tower
is more than 40 feet in outside of the right-of-way shall submit a
screening design, including the following:
(1)
The applicant shall ensure that the existing vegetation, trees and
shrubs located within proximity to the WCF support structure shall
be preserved to the extent practicable.
(2)
Ground-mounted equipment may be screened from public view using an
evergreen screen, artificial screen, or fencing, as directed by the
Township.
A.
Notwithstanding the requirement for all tower-based WCFs and WCFs
on existing structures, as set forth in this subsection, an application
for replacement, co-location or modification of a previously approved
wireless support structure or WCF shall be reviewed for conformance
with the Township building permit requirements, including requirements
applicable to the added structural loading of the proposed antennas
and accessory equipment. These previously approved facilities shall
not be subject to the issuance of new zoning or land use approvals,
provided that there is no substantial change.
B.
Replacement of WCFs on existing wireless support structures or within
existing equipment compounds may be performed by the applicant without
obtaining building or zoning permits from the Township.
C.
Any substantial change to an existing tower-based WCF shall require
approval of the Township in accordance with the terms of this section.
D.
Mounting. An applicant proposing a WCF on existing structure to be
mounted on a building or any other structure shall submit detailed
construction and elevation drawings indicating how the WCF on an existing
structure will be mounted on the existing structure for review by
the Township Building Code Official for compliance with the Building
Code.
A.
Co-location analysis. An application for a new tower-based WCF where
the new Tower is more than 40 feet in height and located outside of
the right-of-way, shall not be approved unless the applicant demonstrates
that the wireless communications equipment planned for the proposed
tower-based WCF cannot be co-located on an existing structure or building
within a [1/4 or 1/2] mile radius of the proposed tower-based WCF
location to achieve the coverage or capacity objectives of the applicant.
B.
Gap in coverage or lack of adequate capacity. An applicant for a
tower-based WCF where the new tower that is more than 40 feet in height,
located outside of the right-of-way, must demonstrate that a significant
gap in wireless coverage exists or lack of adequate capacity is likely
to exist within one year of the filing of its application with respect
to the applicant in the area.
C.
Authorization. An applicant for a WCF shall submit a copy of the
lease or other form of written authorization with the property owner
confirming that the applicant has standing to file the application
and maintain the proposed WCF on the subject lot or property.
D.
Licensing and applicable regulations. If the applicant is a commercial
wireless communications provider, it must demonstrate that it is licensed
by the Federal Communications Commission (FCC) and submit with its
application copies of all FCC permits and licenses.
E.
Emissions. The applicant shall demonstrate that the proposed WCF
will comply with all the applicable standards established by the Federal
Communications Commission governing human exposure to the electromagnetic
emissions.
F.
Insurance. The applicant shall provide a certificate of insurance
issued to the owner/operators of the WCF, evidencing that there is
or will be adequate current liability insurance in effect.
G.
Review timeframes.
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Table 8.1
WCF Review Timeframes
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|---|---|---|---|
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Municipality shall notify any applicant in writing of any information
that may be required to complete application
|
Municipality shall approve or deny the application unless a
shorter time period is applicable under the PA MPC
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A
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New tower-based WCFs
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Within 30 calendar days of the date the application was filed
with the municipality
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Within 150 days* of submission of a complete application for
a WCF
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B
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WCF on existing structures
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Within 30 calendar days of the date the application was filed
with the municipality
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Within 90 days* of submission of a complete application for
a WCF
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C
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Eligible facilities requests** (as defined)
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Within 30 calendar days of the date the application was filed
with the municipality
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Within 60 days* of submission of a complete application for
a WCF
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NOTES:
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|---|---|
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*
|
The time period may be tolled by mutual agreement or in cases
where the Municipality informs the applicant in a timely manner that
the application is incomplete. If the application is considered incomplete,
the time period begins running again as soon as the applicant makes
a supplemental submission, but may be tolled again if the Municipality
provides written notice to the applicant within 10 days that the application
remains incomplete and specifically delineates which of the deficiencies
specified in the original notice of incompleteness have not been addressed.
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**
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The Municipality shall only require the applicant to provide
documentation that is reasonably related to determining whether the
request is for an eligible facility.
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H.
Permit fees. The Township may assess appropriate and reasonable permit
fees directly related to the actual costs in reviewing and processing
the application for approval of a WCF. The amount of this fee may
not be in excess of the actual reasonable cost to review and process
the application.
A.
Discontinuation. In the event that use of a tower-based WCF is planned
to be discontinued, the owner/operator shall provide written notice
to the Township of its intent to discontinue use and the date when
the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
(1)
All unused or abandoned WCFs facilities shall be removed within six
to 12 months of cessation of operations at the site unless a time
extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six to
12 months of the cessation of operations at a site, or within any
longer period approved by the Municipality, the WCF and accessory
facilities and equipment may be removed by the Municipality and the
cost of removal assessed against the owner of the WCF.
(3)
Any unused portions of WCFs, including antennas, shall be removed
within six to 12 months of the time of cessation of operations.
