New codes regulate wireless devices

Criteria now set to require cell towers be co-located when possible, among other critiera

LANSDALE » A new ordinance is now on the books in Lansdale spelling out updated rules for where and how new wireless telecommunication facilities like cellphone towers can be installed around town.

Attorney Mike Roberts and Borough Solicitor Sean Kilkenny described the need for those rules in a public hearing held before borough council.

“A lot of us probably think of the traditional macro cell tower — a large lattice, 150 to 200 feet in height, as being a means of providing wireless service,” Roberts said.

“But what we’ve actually seen is a shift to what are known as distributed antenna systems, or small cells; smaller facilities, with a smaller coverage radius, that require far more placement of facilities both inside and outside public rights-of-way, in order to serve the same coverage area,” he said.

Towers referred to as “small cells” under current regulations can still be up to 120 feet tall, Roberts told council during a hearing in its May 16 meeting, and can still be located in public rights-of-way where residents could find them unsightly.

“That’s one of the reasons it’s so important to have a comprehensive wireless facility regulations, and a proactive process — to be sure that the facilities that are being installed in the borough are the appropriate size and aesthetics,” he said.

The federal Telecommunications Act of 1996 lets the borough spell out rules and regulations within its zoning codes for where those wireless facilities can be placed, according to Roberts. He said the borough’s new code tried to strike a balance between keeping those towers unobtrusive while providing as much coverage as possible.

“We want to make sure everyone has acceptable, or above acceptable, cell coverage, but we want to make sure this is done respectfully,” he said.

The new borough code spells out setback requirements, certain types of zones, and a long list of other criteria where those

new towers can be located, and the permitting and approval process for doing so. It also specifies that any new wireless facility not “substantially change” any

structure they are attached to, while also including requirements that anyone looking to install a new tower try to locate theirs with another first.

“What we looked to do here is making it so, before installing a large tower facility, any developer would have to look to see if, first,

there’s an existing structure” where they can add antennas, Roberts said.

“We don’t want towers to be the go-to. We want as small and unobtrusive a facility as possible, and should that not be feasible, then we could look to permanent towers,” he said.

Councilman Jack Hansen, who is chairman of council’s code committee, added that the new code also specifies that if a company chooses to vacate a wireless facility, they have

a certain time frame to remove the tower using funds from a performance bond they submit during the approval process.

“We have, as a council, the ability to regulate what is put in, where it goes, and also, if it becomes obsolete, to make sure it’s removed at no cost to the borough,” Hansen said.

Resident Bruce Schwartz asked if the new codes also set out guidelines for personal systems like satellite dishes on houses and residences.

Borough Manager John Ernst said it does, but the criteria for those are the same as under current codes, with only the verbiage updated.

“Basically, it talks about the maximum size of an antenna dish that’s allowed: three and a half feet in diameter; it talks about where it has to be mounted: within the property setback requirements,” Ernst said.

“Some of the language has been updated to match current technology, but the

requirements for placement and size remain the same,” he said.

Council unanimously approved the new wireless codes during their May 16 meeting, and the full 21page text of the ordinance is included in the meeting materials packet from that night. Borough council next meets at 9 p.m. on June 6, with various council committees starting at 7 p.m.; for more information visit www.Lansdale.org or follow @LansdalePA on Twitter.