1. Purpose. The purpose of this Section is to establish requirements for the siting of wireless communications towers, facilities, equipment and antennas, so as to comply with Federal and State law and so far as allowed by law:
A. Protect and preserve the visual character of the Township by absolutely minimizing the visual and aesthetic impact of all wireless communications towers, facilities, equipment and antennas.
B. Ensure that all wireless communications towers, facilities, equipment and antennas are designed and configured in such a manner as to match or blend in with the characteristics of the area where they are situated. Such characteristics shall include both manmade structures as well as environmental features such as ridge and tree lines.
C. Encourage the location of wireless communications towers, facilities, equipment and antennas in areas where the adverse impact on the community is minimal, through careful design, siting, landscape screening and innovative camouflaging techniques.
D. Minimize the total number of towers throughout the community through joint use of new and existing towers and other structures as a primary option rather than the construction of additional single use towers.
E. Enhance the ability of the providers of communications services to provide such services to the community quickly, effectively and efficiently.
F. Consider the public health and safety of wireless communications towers, facilities, equipment and antennas.
G. Avoid potential damage to the public and adjacent properties from the failure of wireless communications towers, facilities, equipment and antennas through engineering and careful siting.
2. Definitions. As used in this Section, the following terms shall have the meanings set forth below:
ANTENNA - any transmitting or receiving device mounted on a tower, building or structure and used in communications that transmit or receive electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
BALLOON TEST - the use of a balloon or similar objects to locate or identify the proposed height and location of a tower.
CRANE TEST - the use of a crane or similar mechanism to elevate a broadcast antenna for the purposes of collecting data or information regarding the propagation characteristics of a particular proposed facility.
DRIVE TEST - the collection of radio signals broadcasted from a proposed location. A drive test can be performed by the use of crane test or by the use of a broadcast antenna placed upon or above an existing structure.
FAA - the Federal Aviation Administration. FCC - the Federal Communications Commission.
PRE-EXISTING WIRELESS COMMUNICATIONS TOWERS, FACILITIES, EQUIPMENT AND ANTENNAS - any wireless communications towers, facilities, equipment and antennas for which a building permit or zoning approval has been properly issued prior to the effective date of this Section, including permitted wireless communications towers, facilities, equipment and antennas that have not yet been constructed so long as such approval is current and has not expired.
PROPAGATION MODELING - a computer-generated prediction of the expected coverage of a particular site's coverage or level of service based upon accepted mathematical formulas.
PROPAGATION TESTING - the actual collection and analysis of radio signal broadcasts, via a drive test or similar method, which provides an indication of a particular site's coverage or level of service to the surrounding area based upon actual field measurements.
TOWER - any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, data and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, stealth or camouflaged towers and the like. The term includes the structure and any support thereto.
TOWER HEIGHT OVERLAY DISTRICT - the identifying district or classification that a particular site is located in as represented by the site's location on the Lamar Township's Tower Height Overlay District map.
UTILITY ATTACHMENT - the use of an existing utility structure, including wooden poles, as a structure to mount or utilize for a wireless communications facilities, equipment and antennas.
3. Applicability.
A. New Towers and Antennas. All new towers or antennas in Lamar Township shall be subject to these regulations, except as provided in subsections (3)(B) through (3)(C), inclusive.
B. Amateur Radio Station Visual Analysis. This Section shall not govern towers, or the installation of any antenna, less than 75 feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
C. Pre-existing Towers or Antennas. Pre-existing wireless communications towers, facilities, equipment and antennas means and wireless communications towers, facilities, equipment and antenna for which a building permit or zoning approval has been properly issued prior to the effective date of this Section, including permitted wireless communications towers, facilities, equipment and antennas that have not yet been constructed so long as such approval is current and has not expired.
4. General Requirements.
A. Antenna Height. Any antenna that is attached to an existing structure shall not exceed the height of the existing structure by more than 10 feet.
B. Antenna Offset. Any antenna that is attached to an existing structure shall not be mounted beyond the vertical face or plane of the existing structure by more than 3 feet.
C. Tower Height. No tower shall exceed the tower height required by the Tower Height Overlay District classification. No tower shall exceed 120 feet in height.
D. Relative Tower Height. No tower shall exceed the height of the tallest existing trees located on the site by more than 20 feet. A management plan describing how the existing trees located on the site, and that correspond to the height of the tower, shall be protected during both the construction of the site as well as for the duration of the existence of the tower.
E. Engineer's Certification. A professional engineer licensed by the State of Pennsylvania shall certify any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical.
F. State or Federal Regulations. All towers, facilities, equipment and antennas must meet or exceed current standards and regulations fo the FAA, the FCC and any other agency of the State or Federal government with the authority to regulate towers, facilities, equipment and antennas. If such standards and regulations are changed, then the owners of the towers, facilities, equipment and antennas governed by this Section shall bring such towers, facilities, equipment and antennas into compliance with such revised standards and regulations within 6 months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring such towers, facilities, equipment or antennas into compliance with such revised standards and regulations shall constitute a violation and the Township may require the removal of the towers, facilities, equipment and antennas at the owner's expense.
G. Buildings Codes; Safety Standards. To ensure the structural integrity of towers as well as the safety of any attachment to an existing structure, the owner towers, facilities, equipment or antennas shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published. If, upon inspection, Lamar Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute a violation and the Township may require for the removal of the towers, facilities, equipment or antennas at the owner's expense.
H. Not Utilities. Towers, facilities, equipment and antennas shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as public utilities or private utilities.
I. Collocation. In order to reduce the number of towers in Lamar Township in the future, the proposed tower shall be designed to accommodate at least four separate wireless communication companies. In addition, it shall accommodate County and local police, fire and ambulance companies.
5. Contents of Application.
A. Alternative Analysis. An alternative analysis is required for all towers, facilities, equipment and antenna and shall include the following content:
(1) A topographic map of the proposed local service area, which identifies the local network of facilities with which the proposed facility will connect. Such network information shall include sites of all carriers situated in both Pennsylvania and New Jersey within 5 miles of the proposed site. The specific location of existing or future proposed sites shall be identified. The heights of the structures the other sites shall be identified on the map.
(2) A small-scale map of the applicable franchise area, which identifies the regional network of facilities with which the local network will connect.
(3) Identification of the following on a topographic map:
(a) All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service, and those, which provide other wireless services, which could potentially support the proposed facility.
(b) All other existing structures which might provide an opportunity for attached facilities.
(4) Identification of the site on a plan representing the Tower Height Overlay District of Lamar Township. The plan shall include the requirements of the district in which the site is situated according to the Tower Height Overlay District.
(5) Identification of all private, commercial and public airports located within a 5 mile radius of the proposed site on a plan. The glide path of each airport located within the 5 mile radius shall be graphically represented on the plan to show the location of the glide path in both its horizontal and vertical elements.
(6) Identification of any existing service gaps in the proposed local service as well as any service gaps, which may remain in the event that the proposed facility is approved and constructed. Such service gaps shall be determined by actual coverage measurements developed by propagation testing and not by predicted coverage. The coverage information, maps and supporting data must be prepared by an individual qualified by the Township as an expert in radio frequency engineering. Such service gaps shall be displayed for the carrier itself and gaps unserved by any carrier.
(7) Identification of at least two alternative service plans which could provide comparable service to the intended service area. An explanation must be included if there are not at least two alternative plans. The applicant must demonstrate, using accepted technological evidence, that the towers, facilities, equipment and antennas must be located where proposed. Also applicant must show, with engineering certification, why lower tower height technology is not feasible.
(8) The alternatives should include a mix of service strategies, which incorporate existing, attached and/or other freestanding facilities. The alterative analysis should clearly trade-offs involving:
(a) The level of service provided.
(b) The number of towers.
(c) Variety in tower height and silhouettes.
(d) Potential visual impacts.
(e) Residential proximity and compatibility.
(f) Proximity to service area.
(g) Other applicable potential environmental impacts.
(9) A description of each alternative, including its ancillary equipment and structures, and associated roads and compare and contrast the alternative using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed project, but the justification for selection of the proposed project must be presented.
(10) A visual analysis, which shall include photomontage, field, mock-up or other techniques, shall be prepared by or on behalf of the applicant, which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service.
(11) A balloon test shall be performed for a period of 1 week after the written notice has been provided to all property owners within a 1 mile radius from the site and legal notices in newspapers of local circulation. The site shall be posted in advance of and during the balloon test in a manner prescribed by the Township.
(12) A management plan shall be provided which details the methods that shall be used to preserve and protect the natural features, such as existing vegetation, that help screen the facility from view or mitigate the facilities impact.
6. Telecommunication Facilities. Telecommunication facilities are allowed only as a conditional use. The following are the minimum requirements applicable to telecommunication facilities in addition to the generally applicable criteria for conditional uses. In the event that a project is subject to an overlay district's requirements, additional mitigation measures or other conditions may also be necessary.
A. All telecommunication facilities shall comply with the following to the extent a Township is allowed to require:
(1) Any applicable easements or similar restrictions, including open space easements, on the subject property.
(2) Any applicable general plan, specific plan, area plan, local area development guidelines and the permit requirements of any agencies, which have jurisdiction over the project.
(3) The height of any freestanding facility shall include the height of any structure upon which it is placed.
(4) All setbacks shall be measured from the base of the tower closest to the applicable property line or structure.
(5) The facility shall be operated so that it shall not result in human exposure to non-ionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:
(a) Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.
(b) Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.
(c) Provide an independent analysis by or on behalf of the applicant, which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures. The analysis shall be prepared and certified by a professional engineer.
(6) Replacement of aging, defective or obsolete legally established antennas or towers is permitted without new zoning permit or use permit approval; provided, that such replacement does not increase the height or result in a substantial change in the appearance of the facility.
(7) All antennas shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.
(8) Approval of all towers, facilities, equipment and antenna is subject to the finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.
B. Facilities shall meet, at a minimum, the following criteria:
(1) Potential adverse visual impacts, which might result from the facility, related grading or road construction, shall be minimized.
(2) Towers, facilities, equipment and antenna shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.
(3) Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.
(4) Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.
(5) Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.
(6) Drainage, erosion and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Natural vegetation and topography shall be retained to the extent feasible.
(7) Towers, facilities, equipment and antenna shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.
7. Tower Height Overlay Districts. All facilities to be located in Lamar Township shall conform to the Tower Height Overlay District in which they are located.
A. Tower Height Overlay District - Visual Conservation.
(1) The Visual Conservation District purpose is to preserve and protect the unique and important visual features and characteristics of Lamar Township.
(2) No towers of any height shall be permitted within the Visual Conservation District.
B. Tower Height Overlay District - Visual Protection.
(1) The Visual Protection District purpose is to preserve and protect the unique and important visual features and characteristics of Lamar Township, while allowing the appropriate siting of new towers in the District.
C. Tower Height Overlay District - Visual Mitigation.
(1) The Visual Mitigation District purpose is to preserve and protect the unique and important visual features and characteristics of Lamar Township, while allowing the appropriate siting of new towers in the District.
(2) Towers shall be limited to a height of no more than 120 feet within the Visual Mitigation District.
(Ord. 3/9/1993B; as added by Ord. 12/10/2001)