[HISTORY: Adopted by the Board of Supervisors of Manor Township as indicated in article histories. Amendments noted where applicable.]
Article I Prevention of Interference by Structures
[Adopted 8-5-2013 by Ord. No. 3-2013]
It is the intent of this article to ensure the uninterrupted operation of Lancaster County's public safety, law enforcement, and other emergency-related wireless communications networks. Lancaster County's public safety wireless communications networks are essential to the health, safety, and welfare of Lancaster County by providing communications for law enforcement activities, for emergency medical treatment, for fire suppression, for carrying on the business of government, and for providing communications in time of natural and other disasters.
This article is intended to require that persons or entities constructing or erecting structures in Township do so in a manner which does not interfere with Lancaster County's wireless public safety communications networks, or alternatively provide the appropriate facilities necessary to eliminate that interference.
It shall be a violation of the Township's Code for a property owner, lessee, licensee, contractor, or government entity (unless otherwise required by law), to erect a building or other structure, or portion thereof, to be erected or constructed in a manner that creates interference with Lancaster County's public safety, law enforcement, other emergency-related wireless communications networks, whether now existing or a part of Lancaster County's long-range comprehensive radio communications plan as approved by the Board of County Commissioners, and shall include among other facilities those municipal sites serviced by Lancaster County-Wide Communications (hereinafter referred to as "LCWC").
Each day a building or structure, or portion thereof, constructed or erected after the effective date of this article creates such interference shall constitute a separate violation. Noncompliance with approved required equipment installation and maintenance shall also constitute a separate violation for each day in violation of this article.
It has been determined by the Township that the construction or erection of a building or structure in a manner which interferes with any Lancaster County law enforcement, public safety, and other emergency-related wireless communications networks constitutes a nuisance because it threatens the health, safety and welfare of the residents and visitors to the Township. In addition to any other remedies of enforcement procedures provided therein, Township may seek an injunction to restrain such a nuisance.
To ensure compliance with this article, any person or entity intending to construct or erect a structure within the Township, or to cause a structure to be erected or constructed that is higher than 50 feet or greater than 100,000 square feet in total floor area, shall seek a review of the proposed structure by LCWC and their consultants prior to submitting any building permits to the Township.
LCWC shall provide an applicant with a determination whether a proposed structure will interfere with Lancaster County's public safety, law enforcement, or other emergency-related wireless communications networks within 30 days of the date a complete application for such a determination is submitted to LCWC.
If LCWC determines that interference will result from the erection or construction of the proposed structure, the structure may still be erected or constructed without violation of this article, if the following conditions are met:
If the erection or construction of the proposed structure will interfere with the existing wireless communications system, the developer shall provide appropriate easements and facilities to ensure the continued satisfactory operation of the wireless communications system at no cost to Lancaster County. Such facilities shall become a part of the LCWC network and shall be operated and maintained by LCWC.
If the proposed structure will interfere with facilities that are a part of the LCWC long-range comprehensive radio communications plan approved by the Board of County Commissioners, but that are not yet existing, the structure may be erected or constructed if the developer conveys an easement to Lancaster County that will allow the erection, construction and maintenance of wireless communications facilities necessary to prevent interference with such proposed facilities. In appropriate cases, the county may, in its discretion, accept an agreement to convey an easement, which shall lapse unless used for such wireless communications facilities within five years of the date of the easement or agreement. Any facilities installed within such easement shall become part of Lancaster County's wireless communications network and shall be maintained by LCWC.
The decision of the LCWC regarding the obligations of the developer under § 200-4 above may be appealed to the Board of County Commissioners for determination of whether the conditions imposed are appropriate with reference to the impact of the development upon the LCWC system. Such an appeal shall be required in writing 30 days of the date that the wireless communications group issues its written findings.
Buildings, structure and developments which cannot support the required level of radio frequency shall be equipped with either a radiating cable system or an internal multiple antenna system with or without FCC-type accepted bidirectional 500 MHz amplifiers, as needed. If any part of the installed system or systems contains an electronically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least 12 hours without external power input. The battery system shall charge in the presence of an external power input.
If used, bidirectional amplifiers shall include filters to reduce adjacent frequency interference.
When an in-building radio system is required, upon completion of installation, it will be the building owner's responsibility to have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of 95%. Each floor of the building shall be divided into a grid of approximately 20 equal areas. A maximum of two nonadjacent areas will be allowed to fail the test. In the event that three of the areas fail the test, in order to be more statistically accurate, the floor may be divided into 40 equal areas.
In such event, a maximum of four nonadjacent areas will be allowed to fail the test. After the forty-area test, if the system continues to fail, the building owner will have the system altered to meet the 95% coverage requirement. The test shall be conducted using the most current portable radio, or its equivalent, available to LCWC, law enforcement, emergency medical and fire services talking through the LCWC wireless communications network. A spot located approximately in the center of the grid area will be selected for the test, then the radio will be keyed to verify two-way communication to and from the outside of the building through LCWC. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. The gain values of all amplifiers shall be measured, and the test measurement results shall be kept on file with the building owner so that the measurements can be verified every two years, and a copy shall be provided to the LCWC. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values.
When an in-building radio system is required, the building owner shall test all active components of the system including, but not limited to, amplifiers, power supplies and backup batteries a minimum of once every two years. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a period of one hour to verify they will properly operate during an actual power outage. If within the one-hour test period, in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for one additional hour until the test technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purposes.
In addition to the test required in § 200-8, the building owner shall perform a radio coverage test a minimum of once every six years to ensure that the radio system continues to meet the requirements of the original acceptance test. The procedure set forth in § 200-8 shall apply. A copy of the accepted tests shall be provided to the LCWC.
All tests shall be conducted, documented and signed by a person approved by LCWC. All test records shall be retained on the inspected premises by the building owner. A copy of the test reports shall be forwarded to LCWC.
This article shall not apply to single-family residential structures, residential developments of less than 100 dwelling units, buildings constructed of wood frame, and buildings 35 feet high or less, as long as none of the aforementioned buildings make use of any metal construction or any underground storage or parking areas. For purposes of this article, parking structures and stairwells are included in the definition of "building" and "structure" and stair shafts are included in the definition of "all parts of a building."
Violations of the provisions of this article shall be punishable as provided by the Second Class Township Code of the Commonwealth of Pennsylvania, 53 P.S. § 66601(c.1)(2). The fine for a violation of this article shall be $100 per day. A separate offense shall arise for each day, or portion thereof, in which a violation is found to exist.