Lincoln Municipal Code Art. IV Management

(a) No wireless communication facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.

(b) All wireless telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and/or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of the wireless telecommunication facility by the city at the property owner's expense.

(c) If it is found that wireless telecommunication facilities are or will be detrimental to the health, safety or welfare of persons working or residing near such facilities, then the service provider(s) shall be solely responsible for the removal, adjustment or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety and welfare. A facility shall not be found to create a hazard to health, safety or welfare as a result of EMF or RF emissions from the facility so long as it meets all then current standards established by the FCC or other federal agency having jurisdiction.

(d) The wireless telecommunication service provider shall submit a certification to the community development department from a licensed engineer in the field of EMF/RF emission, ten days after full power operation, and on two-year intervals after the initial certification, verifying that the facility is and has been operated within the then current applicable federal standards for EMF/RF emission standards. The report shall consider cumulative effects of co-located facilities and be written in plain English.

(Ord. 690B §2 (part), 2000)

(a) Wireless telecommunication facilities, power sources, ventilation and cooling facilities shall not generate noise discernable beyond the property lines. Wireless telecommunication facilities located on occupied buildings shall not produce noise that is discernible to the building occupants.

(b) Back-up generators shall only be operated during power outages and for testing and maintenance on weekends between the hours of 9:00 a.m. and 4:00 p.m.

(Ord. 690B §2 (part), 2000)

(a) Wireless telecommunication facilities shall not be operated in any manner that would cause interference with the city's emergency telecommunication system.

(b) Fencing, barriers or other appropriate measures to restrict access to wireless telecommunication facilities shall be maintained.

(c) The service provider(s) shall maintain all required warning and emergency contact signs at the wireless telecommunication site. The signs shall not include advertising and shall be posted in a manner to reduce visual clutter.

(d) Lighting shall not be permitted on wireless telecommunication facilities unless required as a public safety measure. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding uses. Security lighting installed at wireless telecommunication facility sites shall only be operational when personnel are present.

(Ord. 690B §2 (part), 2000)

(a) The city may conduct a periodic review of wireless communication facilities to consider whether or not the facility is conforming with the conditions of its discretionary approval or appropriate permits. The city shall consider whether or not the facility is conflicting with emerging land uses approved under the applicable general or specific plan. If the city concludes that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the carriers shall work with the city to develop a plan for achieving these mitigation goals.

(b) The city may impose a condition limiting the duration of any permit for a wireless telecommunication facility located on a property zoned other than industrial. As part of such condition, the city shall specify the threshold which would trigger termination of the permit following a duly noticed public hearing.

(Ord. 690B §2 (part), 2000)

(a) The wireless telecommunication service provider or its successor(s) shall be responsible for the payment of all reasonable costs associated with monitoring the conditions of approval contained in any discretionary approval issued pursuant to this chapter of this title, including costs incurred by the city or any other appropriate agency. The community development department shall collect such costs on behalf of the city.

(Ord. 690B §2 (part), 2000)

Any carrier/service provider authorized by the city to operate a wireless telecommunication facility may assign the operation of the facility to another service provider licensed by the FCC provided that advanced notice of the transfer is given to the community development director and all conditions of approval for the subject facility are carried out by the new service provider. Notwithstanding the above, a service provider may transfer, without advanced notice, operation of a facility to its general partner or any party controlling or controlled by the existing service provider.

(Ord. 690B §2 (part), 2000)

If any wireless communication facility or attached wireless communication facility is not operated for a continuous period of six months, the service provider shall notify the community development director. A wireless communication facility shall be considered abandoned and shall be removed by the facility owner within the next six months and the site restored to its original setting. The city may, at its discretion, require the posting of a performance surety to cover the cost of the removal of abandoned facilities.

(Ord. 690B §2 (part), 2000)

Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this chapter. Failure to comply with any condition shall constitute grounds for revocation. If a condition violation is not remedied within a reasonable period, the community development director may schedule a public hearing before the planning commission to consider revocation of the permit or approval granted under this chapter. The planning commission revocation action may be appealed to the city council.

(Ord. 690B §2 (part), 2000)

If any action, subsequent sentence, clause or phrase of this chapter is, for any reason, held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of remaining portions of this chapter.

(Ord. 690B §2 (part), 2000)

From time to time the city may contract for the services of a qualified outside consultant to supplement staff in the review of proposed wireless telecommunication facilities. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project, and shall be contracted for and administered by the city.

(Ord. 690B §2 (part), 2000)

Any person dissatisfied with the decision to either approve or deny a development permit for the construction or modification of a wireless telecommunication facility, excluding exempt facilities, may file an appeal in accordance with Chapter 18.94 of this title.

(Ord. 690B §2(part), 2000)