The cellular telecommunications facility article
is designed to:
A. Accommodate the need for cellular telecommunications
facilities while regulating their location and number in the Township;
B. Minimize adverse visual effects of cellular telecommunications
facilities through careful design, siting and vegetative screening;
C. Avoid potential damage to adjacent properties from
cellular telecommunications facilities failure and falling ice and
debris through engineering and careful siting of cellular telecommunications
facilities; and
D. Maximize the use of any new or existing cellular telecommunications
facilities or other tall structure(s) so as to reduce the number of
cellular telecommunications facilities needed in the future.
In interpreting the provisions of this article
to determine the extent of the restriction upon the use of the property,
the provision shall be interpreted, where doubt exists as to the intended
meaning of the language written and enacted, as permitting the cellular
telecommunications facilities sites that are appropriate and yet compatible
with surrounding land uses.
For the purposes of this article, the following
words, terms and phrases shall have the meanings indicated herein:
ANTENNA
A device used to collect or transmit telecommunications or
radio signals. Examples are panels, microwave dishes and single poles
known as "whips."
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, monopole, tower, tripod or any
other structure which supports or has attached to it an antenna or
antennas.
ANTENNA HEIGHT
The vertical distance measured from the base of an antenna
support structure at grade to the highest point of the antenna support
structure, including any antenna affixed thereto. If the antenna support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
CELLULAR TELECOMMUNICATIONS FACILITY
The equipment and structures involved in receiving telecommunication
or radio signals from a mobile radio communications source and transmitting
those signals to a central switching computer which connects the mobile
unit with the land-based telephone lines.
LANDSITE
A tract or parcel of land that contains the cellular communications
facility, tower, antenna and/or telecommunications equipment building.
TOWER
A structure that is intended to support equipment used to
transmit and/or receive telecommunications signals.
The following standards of approval shall apply
to all cellular telecommunications facilities:
A. The applicant shall demonstrate, using accepted technological
evidence, that the antenna and antenna support structure must be located
where proposed in order to satisfy its function in the applicant's
grid system.
B. If the applicant proposes to build a tower (as opposed
to mounting the antenna on an existing tall structure), it is required
to demonstrate that it contacted the owners of tall structures within
a one-mile radius of the site proposed, requested permission to install
the antenna on those tall structures and was denied permission for
reasons other than economic reasons. The term "tall structures" includes
smokestacks, water towers, antenna support structures of other cellular
phone companies and other communications towers (fire, police, etc.).
If the antenna can be physically and legally accommodated on an existing
tall structure, the governing body may deny the conditional use application
to construct a new tower.
C. The applicant shall demonstrate that the antenna height
is the minimum required to function satisfactorily. No antenna height
taller than this minimum height shall be approved, unless the applicant
provides proof that another provider of wireless, cellular or personal
communications services has already agreed to collocate on the applicant's
antenna support structure at a greater height than is required by
the applicant.
D. The applicant shall demonstrate that the proposed
antenna and antenna support structure are safe and the surrounding
properties will not be negatively affected by antenna support structure
failure, falling ice or other debris. All antenna support structures
shall be fitted with anti-climbing devices, as approved by the manufacturers
and the Township.
E. In order to reduce the number of antenna support structures
needed in the Township in the future, the proposed antenna support
structure shall be required to accommodate, where possible, other
users, including other wireless communication, cellular communication
and personal communication service provider companies, and local police,
fire and ambulance companies. Applicants shall provide evidence that
all other authorized users have been contacted by the applicant with
an offer of collocation on the applicant's proposed antenna support
structure.
F. The applicant must demonstrate that it is licensed
by the Federal Communications Commission to provide wireless communications,
cellular communications and/or personal communications services.
G. If the wireless communications facility is fully automated,
adequate parking shall be required for maintenance workers.
H. Antenna support structures shall, to the extent possible,
be finished so as to reduce the visual impact. Support structures
may be painted green up to the height of nearby trees and shall meet
all Federal Aviation Administration regulations.
I. A full site plan shall be required for all landsites, showing the antenna and antenna support structure, together with any building, fencing, buffering, access and all other items required in the code, Chapter
160, Subdivision and Land Development, for a land development application.
J. Towers shall be designed and constructed to all applicable
standards of the American National Standards Institute, ANSI/EID-222-E
Manual, as amended from time to time.
K. A soil report complying with the standards of Appendix
I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall
be submitted to the Township to document and verify the design specifications
of the foundation for the tower and anchors for the guy wires, if
used.
L. Towers and antennas shall be designed to withstand
wind gusts of at least 100 miles per hour.
N. No antenna or its support structure may be artificially
lighted except when required by the Federal Aviation Agency.
[Amended 11-5-2008 by Ord. No. 325]
In addition to the requirements of Article
XXVII (applicable to conditional uses), or Article
XXVIII (applicable to special exceptions), a conditional use or a special exception for a cellular telecommunications facility with antenna shall not be granted except upon compliance with the following where relevant:
A. The applicant shall demonstrate that the tower for
the cellular telecommunications facility is the minimum height necessary
for the service area. The applicant shall also demonstrate that the
facility must be located where it is to serve the company's system.
B. The applicant shall present documentation that the
tower is designed in accordance with the standards cited in this article
for cellular telecommunications towers.
C. The applicant shall demonstrate that the proposed
tower complies with all state and federal laws and regulations concerning
aviation safety.
D. The need for additional buffer yard treatment shall
be evaluated.
E. The applicant shall demonstrate that the cellular
telecommunications facility must be located where it is proposed in
order to serve the applicant's service area.
F. Where the cellular telecommunications facility is
located on a property with another principal use, the applicant shall
present documentation that the owner of the property has granted an
easement for the proposed facility and that vehicular access is provided
to the facility.