[HISTORY: Adopted by the Board of Supervisors of Manor Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-2013 by Ord. No. 3-2013]
A.
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.
B.
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.
A.
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").
B.
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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
A.
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.
B.
If used, bidirectional amplifiers shall include filters to reduce
adjacent frequency interference.
A.
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.
B.
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.
