[Amended 9-10-2018; 11-9-2020]
B.
Wireless facilities.
(1)
Purposes. The City of Lewes is the first town in the first state.
The City has a history and aesthetic that is important to retain.
The installation of small cell technology will enhance wireless capabilities
while harmoniously blending into the existing character and context
of the City. Installation of the technology shall take into consideration
the area in which it will be placed. The City wants to ensure its
small town historic character is maintained when development occurs
in any form.
(2)
Applicability. This article applies to all wireless communications
facilities within the City of Lewes or permitted by the Lewes Board
of Public Works, including the expansion, co-location and/or modification
of any existing small cell wireless communications facilities, subject
to the following procedures.
(a)
Permit. No wireless facility shall be erected, constructed, installed or modified without first obtaining a permit (see § 197-83B(4), Application process).
(b)
City reviews for installations or maintenance of wireless facilities
covered by federal or state legislation are confined to the procedures
and limits on review and approval for siting, co-locating and modifying
wireless facilities and equipment as defined by those regulations,
as amended, and all applicable codes regarding building standards.
Applications that include changes to or new wireless facilities not
specified by federal or state laws will be subject to additional City
review procedures, guidelines, and fees. Further details on types
of wireless applications and review procedures are outlined in the
small cell attachment permit application form, the small cell wireless
facilities and telecommunications towers design standards or the City
Code located on the City website.
(c)
This section is not intended to, nor shall it be interpreted
or applied to:
[1]
Prohibit or effectively prohibit any personal wireless service
provider's ability to provide personal wireless services;
[2]
Prohibit or effectively prohibit any entity's ability to provide
any interstate or intrastate telecommunications service, subject to
any competitively neutral and nondiscriminatory rules or regulation
for rights-of-way management;
[3]
Unreasonably discriminate among providers of functionally equivalent
services;
[4]
Deny any request for authorization to place, construct or modify
personal wireless service facilities on the basis of environmental
effects of radio-frequency emissions to the extent that such facilities
comply with the Federal Communication Commission's regulations concerning
such emissions;
[5]
Prohibit any co-location or modification that the City may not
deny under federal law; or
[6]
Otherwise authorize the City to preempt any applicable federal
or Delaware state law.
(d)
The following are exempt from the provisions of this section:
(3)
Wireless facilities review.
(a)
Administrative review. The following types of wireless facilities
shall be reviewed administratively:
[1]
Small cell facilities located on any existing wireless support
structures in any zoning district that comply with defined design
standards;
[2]
Small cell facilities located on a new wireless support structure
in any designated state right-of-way or on City, BPW or state-owned
structures;
[3]
Small cell facilities located on a new wireless support structure
in any designated City right-of-way that comply with defined design
standards;
[4]
Building/structure-mounted facilities in the following zoning
districts: Limited Commercial (LC), General Commercial (GC), Community
Facilities Zone (CF), Community Facilities (Educational) Zone (CF-E),
Community Facilities (Health Care) Zone (CF-HC), and Industrial (I)
that comply with defined design standards.
[5]
Modifications to a wireless facility support structure which
involves: co-location of new transmission equipment; removal of transmission
equipment; or replacement of transmission equipment, provided the
modification does not result in substantial change in the physical
dimensions of an eligible support structure.
(b)
Any decision to administratively approve or deny a permit application
is subject to review by the Board of Building Code Appeal.
(c)
Conditional use permit review. The following types of applications require review through the conditional use permit procedures as identified in Article XIII, Conditional Uses, of this chapter of the City Code:
[1]
Building-mounted facility in any zoning district, not listed in Subsection B(3)(a)[4] under Administrative review above;
[2]
A new tower facility over 50 feet in height in any zoning district;
[3]
Co-locations and modifications resulting in a substantial change to an existing facility as defined in § 197-83B(10).
(d)
For conditional use applications for wireless facilities, the
Mayor and City Council may grant long-term conditional use approval
of up to five years, after which an applicant may reapply.
(e)
Additional review. Wireless facility proposals may also be subject to other applicable review procedures as defined in the Lewes BPW Pole Attachment Agreement or by City code if located in an historic district, floodplain or other areas regulated by the Code unless specifically exempted under § 197-83B(2) (Applicability section).
(4)
Application process. Applicants shall use one of the following application
forms (from the City website) to initiate a review depending on the
type of proposed wireless facility:
(5)
Time frame for approval. The City shall comply with all federal and
state timing requirements in consideration of applications for new
tower facilities and co-location and modification of existing wireless
facilities. Wireless facilities that do not fall under those requirements
will follow the plan review scheduling requirements outlined for site
plans and conditional uses as defined in the City Code.
(6)
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same and any supporting equipment or foundation improvements within
90 days of receipt of notice from the City notifying the owner of
such abandonment. Failure to remove an abandoned antenna or tower
within said 90 days shall be grounds to remove the tower or antenna
at the owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users
cease using the tower.
(7)
Wireless facilities siting and design standards. Standards and specifics
on review procedures for all wireless facility applications are included
in the small cell wireless facilities and telecommunications towers
design standards document that is available on the City website.
(8)
Bonding requirements. Whenever any tower facility is constructed,
the operator of the tower facility shall obtain and keep in force:
(a)
A performance bond payable to the City to cover the cost of
removal of the tower facility. The performance bond shall remain in
force throughout the time that the tower is located on the site. The
amount of the bond shall equal 150% of the costs to remove the pole
and equipment.
(b)
When landscaping installation is required, a maintenance bond,
assignment of funds or other financial guarantee acceptable to the
City shall be provided in the amount of 10% of the value of the labor
and materials. The guarantee shall be in effect for two years from
the date of planting.
(9)
Nonconforming uses.
(a)
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this chapter.
(b)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection B(2)(a), bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without first having to obtain administrative approval or a conditional use permit. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection B(6).
(10)
Substantial change criteria. A proposed wireless facilities
modification will substantially change the physical dimensions of
an eligible support structure if it meets any of the following criteria:
(a)
For a facility other than wireless support facilities in the
state rights-of-way or on a state structure, it increases the size
(height or width) of the facility by more than 10%. Changes in height
should be measured from the original support structure in cases where
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 wireless support facility or base station;
(b)
For any support structure, it involves installation of more
than the standard number of new equipment cabinets for the technology
involved, but not to exceed three 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
(c)
It would defeat the concealment elements of the eligible support
structure.
(11)
Attachment certificate and pole agreements. In the event that
a request is made to the Lewes BPW to overlash or co-locate any wireless
facilities including a small cell facility on a Lewes BPW pole or
other non-utility municipal structure located in any right-of-way
(whether owned by the City, the state or other party), a request shall
be made, in writing, to the City and Lewes BPW using the online permit
application. Such reviews will be conducted in accordance with the
BPW Pole Attachment License Agreement and the City Building Code as
well as comply with the provisions on the City Zoning Ordinance and
other applicable code requirements. In the event this involves co-locating
on a small cell facility on a structure other than those owned by
Lewes BPW, the City will conduct the review upon submittal.
(12)
Reimbursement. In addition to permit fees as described in this
section, every wireless facility in the right-of-way is subject to
the City's right to recover its actual costs incurred as a result
of construction in the right-of-way, including, but not limited to,
the costs of the administration and performance of all reviewing,
inspecting, permitting, supervising and other right-of-way management
activities by the City. The owner of each wireless facility shall
reimburse the City for the City's costs reasonably incurred in connection
with the activities described above. All fees shall comply with applicable
state and federal law and not exceed amounts presumed reasonable by
the FCC.
(13)
ANTENNA
ANTENNA HEIGHT or HEIGHT
APPLICANT
APPROVAL AUTHORITY
BACKHAUL NETWORK
BASE STATION
CELL SITE or SITE
CO-LOCATION
CONCEAL or CONCEALMENT
DESIGN
DISTRIBUTED ANTENNA SYSTEM
(a)
(b)
(c)
(d)
ELIGIBLE SUPPORT SYSTEM
FAA
FCC
LATTICE TOWER
LEWES BPW
LEWES BPW POLE
MOUNT
(a)
(b)
(c)
OVERLASHING
PANEL ANTENNA
PREEXISTING TOWER and PREEXISTING ANTENNA
PROPOSED WIRELESS FACILITIES MODIFICATION
SMALL CELL FACILITY
(a)
(b)
(c)
SUBSTANTIAL CHANGE CRITERIA
TOWER
TRANSMISSION EQUIPMENT
UTILITY POLE
WIRELESS FACILITIES MODIFICATION
WIRELESS FACILITY or FACILITY
WIRELESS SERVICE
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this chapter, the following terms shall
have the meanings set forth below:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The vertical distance measured from the base of the wireless
support facility at grade to the highest point of the structure, even
if said highest point is an antenna. Measurement of height shall include
antenna, base pad, and other appurtenances and shall be measured from
the finished grade of the parcel.
Any provider or any person, partnership, or company who files
an application for any permit necessary to install, maintain, modify,
co-locate, replace or remove a personal wireless service facility
within the City.
Is the City Manager and Lewes BPW General Manager, or designee,
as provided by the City Code and BPW Pole Attachment License Agreement,
as amended.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching office, and/or long distance
provider, or the public switched telephone network.
The structure or equipment at a fixed location that enables
wireless communications licensed or authorized by the FCC between
user equipment and a communications network. The term does not encompass
a tower as defined in this chapter or any equipment associated with
a tower. A wireless support structure becomes a base station when
wireless telecommunications equipment is attached.
A tract or parcel of land that contains wireless service
facilities, including any antenna, support structure, accessory building,
and parking, and may include other uses associated with an ancillary
to personal wireless services.
The mounting or installation of transmission equipment on
a wireless support structure for the purpose of transmitting and/or
receiving radio-frequency signals for communications purposes. This
definition includes the first placement of transmission equipment
on a tower or base station.
Wireless support structures and transmission facilities designed
to look like some feature other than a tower or base station.
The appearance of a personal wireless service facility, including
such features as its material, color, and shape.
A network or facility to which all of the following apply:
It distributes radio-frequency signals to provide wireless service;
It meets the height and size characteristics of a small cell
facility, as defined herein;
It conforms to the size limitations specified in the City's
standards or is otherwise consistent with any other applicable law.
Any tower or base Station that is existing at the time the
proposed eligible wireless facilities modification application is
filed with the City.
The Federal Aviation Administration.
The Federal Communications Commission.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural metal.
The Lewes Board of Public Works.
Any utility pole that is owned by the Lewes Board of Public
Works.
The structure or surface upon which personal wireless service
facilities are mounted. There are three types of mounts:
BUILDING MOUNTA wireless service facility mount fixed to the roof or side of a building.
GROUND MOUNTA wireless service facility mount fixed to the ground, such as a tower.
STRUCTURE MOUNTA wireless service facility fixed to a structure other than a building, such as light standards, utility poles, water towers and bridges.
Adding wireless facility attachments to a Lewes BPW pole
or structure.
A directional antenna as included in the definition of "antenna"
above.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
the ordinance codified in this chapter, including permitted towers
or antennas that have not yet been constructed so long as such approval
is current and not expired.
Shall mean and refer to a proposal submitted by an applicant
to modify a support structure which the applicant asserts is subject
to review under FCC and state regulations, and involving:
A wireless facility that meets the following qualifications:
Each antenna associated with the facility is located inside
an enclosure of not more than six cubic feet in volume, or, in the
case of an antenna that has exposed elements, the antenna and all
of its exposed elements could fit within an enclosure of not more
than six cubic feet in volume;
All other wireless equipment associated with the facility is
cumulatively not more than 28 cubic feet in volume. The calculation
of equipment volume shall not include electric meters, concealment
elements, telecommunications demarcation boxes, grounding equipment,
power transfer switches, cutoff switches, and vertical cable runs
for power and other services; and
If the facility were placed on a wireless support structure,
the increased height would not be more than 10 feet or the overall
resulting height would be not more than 50 feet.
The criteria set forth in § 197-83B(10).
Any structure built for the sole or primary purpose of supporting
any antennas and their associated facilities, licensed or authorized
by the FCC, 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
and fixed wireless services such as microwave backhaul, and the associated
site.
Equipment that facilitates transmission for any wireless
communications service licensed or authorized by the FCC, including,
but not limited to, radio transceivers, antennas, coaxial or fiber-optic
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
microwave backhaul.
A structure that is designed for, or used for the purpose
of, carrying lines, cables, or wires for electric or telecommunications
service, but not including structures owned by a municipal electric
utility.
Any proposed facilities modification that has been determined
pursuant to the provisions of this chapter to be subject to this chapter
and which does not result in a substantial change in the physical
dimensions of a wireless support structure.
All antenna, transmission equipment or other wireless device
or equipment used to provide wireless service.
Shall be defined in the same manner as in Title 47, United
States Code, § 332(c)(7)(C), as they may be amended now
or in the future, and includes facilities for the transmission and
reception of radio or microwave signals used for communication, cellular
phone, personal communications, services, enhanced specialized mobile
radio, and any other wireless services licensed by the FCC and unlicensed
wireless service facilities.
Any pole, monopole (either guyed or self-supporting), light
pole, traffic signal, sign pole, telescoping mast, tower, tripod,
utility pole or other structure which supports or is capable of supporting
a device used in the transmitting or receiving of radio-frequency
signals. For purposes of requesting consent for a microcell facility,
the term "wireless support structure" excludes a municipal electric
utility pole, or other structure owned or operated by a municipal
electric utility.
