In recognition of the quasi-public nature of personal wireless
service facilities, the purpose of this article is as follows:
A.
To accommodate the need of personal wireless service antennas while
regulating their location and number in the Township.
B.
To minimize adverse visual impact and effects of personal wireless
service antennas, antenna support structures and antenna equipment
buildings through proper design, siting, and vegetative screening.
C.
To avoid potential damage to adjacent properties from potential antenna
support structure failure and falling ice or debris through engineering
and proper siting of antenna support structures.
D.
To encourage the joint use of any new and existing antenna support
structures to reduce the number of such structures needed in the future.
E.
To encourage the joint use of any existing buildings to reduce the
number of such structures needed in the future.
F.
To ensure that the location and number of personal wireless facilities
are in the best interests of the health, safety, and welfare of the
residents of the Township.
G.
To minimize any adverse effects of location and design of personal
wireless facilities on residential property and property values.
H.
To minimize any adverse effects of location and design on future
development of residential property in the Township.
The following words and phrases when used in this article shall
have the meaning given to them in this section unless the context
clearly indicates otherwise:
Man-made trees, clock towers, tall steeples, light poles,
and similar alternative-design mounting structures that camouflage
or conceal the presence of antenna on towers.
Any structure or device used to collect or radiate electromagnetic
waves, including both directional antenna (such as panels) and omnidirectional
antenna (such as whips) but not including satellite earth stations
and any device used for the transmission or reception of radio, television,
wireless telephone, pager, commercial mobile radio service or any
other wireless communications signals, including without limitation
omnidirectional or whip antenna and directional or panel antenna,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antenna or amateur radio equipment, including without limitation ham
or citizen band radio antenna.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antenna and
covering an area of ground not greater than 250 square feet.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
Any person engaged as a common carrier for hire, in interstate
or foreign communications by wire or radio, or in interstate or foreign
radio transmission of energy, but a person engaged in radio broadcasting
shall not, insofar as such person is so engaged be deemed a common
carrier.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
An antenna support structure consisting of a single pole
or spire constructed without guy wires or ground anchor.
Facilities for the provision of personal wireless services.
Includes commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services.
A tract or parcel of land that contains a personal wireless
service antenna as the principal use, its support structure, accessory
building(s), parking, and may include other uses and equipment associated
with and ancillary to telecommunication signal transmission or processing.
An expert hired by the Township through appropriate resolution
to review applications, annual reports and other necessary tasks in
relation to this chapter.
A.
An antenna attached to a preexisting personal wireless facility,
smokestack, water tower, or any other similar structure is a permitted
use in all zoning districts. If the antenna is to be mounted on any
such existing structure, the applicant shall be required to comply
with all requirements and performance standards in the following sections.
B.
In the B-2 Industrial District, antennas, along with the antenna
support structures and antenna equipment buildings, are permitted
uses. Application shall comply with all requirements and performance
standards in the following sections.
A personal wireless facility with antennas, antenna support
structure and antenna equipment building that is not to be mounted
on a preexisting personal wireless facility, smokestack, water tower,
or any other similar structure, in any B-1 Commercial District, A-2
Agricultural District, A-1 Preservation District or R-1 Rural Residential
District is allowed in such zoning districts as a special exception
use. The Zoning Hearing Board may grant a special exception use after
a public hearing before the Zoning Hearing Board. The applicant must
provide and establish the following criteria:
A.
That there is no suitable space on existing personal wireless service
facilities or other personal wireless service facilities sites or
on other similar structures where the intended personal wireless service
facility can be accommodated and function, as required by its construction
permit or license, without unreasonable modification.
B.
That there are not suitable sites in the zoning districts where a
personal wireless facility is a permitted use.
C.
Presentation of technological evidence that the personal wireless
facility must go where it is proposed in order to satisfy its function
in the grid system and the providing of the quality of service required
by law.
D.
In all zoning areas, any antenna and/or antenna support tower shall
be 500 feet from any property line, excepting when the adjoining property
is in a B-2 Industrial District and 1,000 feet from any dwelling.
These requirements may be waived by the Zoning Hearing Board upon
written consent of the owners of property within 500 feet and dwellings
within 1,000 feet of the antenna or antenna support tower.
E.
The Zoning Hearing Board may authorize antennas, antenna structures
and accessory buildings if the Zoning Hearing Board determines that
all criteria and performance standards of this chapter and other applicable
ordinances have been met and subject to such conditions as the Zoning
Hearing Board shall impose.
All applicants are required to submit the following:
A.
Written authorization from the property owner of the proposed tower
site.
B.
A site plan:
(1)
Drawn to scale of not smaller than 100 feet to one inch.
(2)
Showing the property boundaries.
(3)
Showing any tower guy wire anchors and other apparatus.
(4)
Showing existing and proposed structures.
(5)
Showing scaled elevation view of proposed structures.
(6)
Showing access road(s), location and design standard as set forth
in this chapter.
(9)
Showing location and content of any signs including warning signs.
(12)
Showing land elevation contours not greater than intervals of
five feet.
(13)
Showing existing land uses surrounding the site.
(14)
Showing proposed transmission building and/or other accessory
uses.
(15)
Showing the proposed use.
(16)
Showing adjacent landowners names and addresses and location
of all buildings on adjacent property with dimensions from antenna
support structures and antenna equipment buildings.
C.
A written report or other documentary information, including:
(1)
Information describing the tower height and design.
(2)
A cross section of the structure.
(3)
Engineering specifications detailing construction of tower, base,
and guy wire anchorage.
(4)
Information describing the proposed painting and lighting schemes.
(5)
Information describing the tower's capacity, including the number
and type of antennas that it can accommodate.
(6)
Radio frequency coverage.
(7)
All tower structure information to be certified by a licensed professional
engineer.
(8)
Personal wireless service facilities data to be certified by an engineer
learned in personal wireless service facilities.
(9)
Inventory of existing antenna support structures within a four-mile
radius of the proposed site and information substantiating the unavailability
of such sites for co-location due to one or more of the following
reasons:
(a)
Refusal by current tower owner.
(b)
Topographic limitations.
(c)
Adjacent impediments blocking transmission.
(d)
Site limitations to tower construction.
(e)
Technical limitations of the system.
(f)
Equipment exceeds structural capacity of facility or tower.
(g)
No space on existing facility or tower.
(h)
Other limiting factors rendering existing facilities or towers
unusable.
(i)
An update of capacity on an existing tower.
D.
Applicant shall comply with all other applicable Township ordinances
and shall be considered a developer and enter into a developer's agreement
with the Township, requiring reimbursement to the Township of all
expenses incurred.
All antennas and personal wireless facilities shall comply with
the following performance standards:
A.
Alternative structures. If the applicant proposes to build an antenna
support structure (as opposed to mounting the antenna on an existing
structure), the applicant is required to demonstrate that it contacted
the owners of other personal wireless service facilities or other
similar structures within a four-mile radius of the site proposed.
This would include smokestacks, water towers, antenna support structures
of other personal wireless service companies, other communications
towers (fire, police, etc.), and other similar structures. The Zoning
Hearing Board or Zoning Officer may deny any application to construct
a new antenna support structure if the applicant has not made a good-faith
effort to mount the antenna on an existing structure. A good-faith
effort shall require that all owners of potentially suitable structures
within a four-mile radius be contacted and the applicant demonstrates
that one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antenna and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at a reasonable cost.
(2)
The proposed antenna and related equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access
or height to accommodate the proposed equipment or allow it to perform
its function.
(4)
Addition of the proposed antenna and related equipment would result
in electromagnetic radiation from such structure exceeding applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not reached with the owners
of such structures.
B.
Ancillary uses. All other uses ancillary to the antenna and associated
equipment (including a business office, maintenance depot, vehicle
storage, etc.) are prohibited from the personal wireless service facilities
site unless otherwise permitted in the zoning districts in which the
personal wireless service facility is located.
C.
Antenna height. The applicant shall demonstrate that the antenna
support structure and antenna are the lowest height required to function
satisfactorily. No antenna support structure and antenna that is taller
than this minimum required height shall be approved.
D.
Maximum height. In all zoning districts, the maximum height of any
antenna and antenna support structure shall be 200 feet, except where
the applicant can demonstrate substantial need, which may include
the ability to eliminate the need for additional towers in the Township,
the maximum height shall be 250 feet.
E.
Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distances between the base
of the support structure or any guy wire anchors and any property
line or right-of-way line shall be equal to the maximum height of
the antenna and antenna support structure.
F.
Type of support structure. Except as hereinafter provided, in all
cases, a monopole antenna support structure shall be required. The
Zoning Hearing Board may grant use of guy wire, freestanding, or any
other type of antenna support structure as a special exception use
after review by the Planning Commission and a public hearing before
the Zoning Hearing Board. The applicant must establish the following
for such approval:
(1)
Cost of erecting a monopole would preclude the provision of adequate
service to the public, or erection of a safe antenna support structure
requires a type other than a monopole.
(2)
The proposed antenna structure would have the least practical adverse
visual impact on the environment and closely resembles a monopole.
(3)
The proposed antenna support structure is architecturally compatible
with surrounding buildings and land use through location and design
and blends in with the existing characteristics of the site to the
extent practical.
G.
Antenna support structure safety. The applicant shall demonstrate
that the proposed antennas and antenna support structure are safe
and the surrounding areas will not be negatively affected by support
structure failure, falling ice, or other debris. All support structures
shall be fitted with anticlimbing devices, as approved by the manufacturers.
H.
Fencing. A fence shall be required around the antenna support structure,
accessory building(s), and other equipment unless the antenna is mounted
on an existing structure. The fence shall be a minimum of six feet
in height and a maximum of eight feet in height, shall completely
enclose the antenna, antenna support structure, and related facilities,
shall not contain openings greater than nine square inches and shall
contain, at all entrances, gates which shall be locked except during
such times as the site is manned by authorized operations or maintenance
personnel.
I.
Landscaping. The following landscaping shall be required to screen
as much of the antenna support structure as possible, all required
fencing, and any other ground level features (such as buildings),
and in general soften the appearance of the personal wireless service
facilities site. The Township may permit any combination of existing
vegetation, topography, walls, decorative fences, or other features
instead of landscaping if they achieve the same degree of screening
as the required landscaping. If the antenna is mounted on an existing
structure and other equipment is housed inside an existing structure,
landscaping shall not be required.
(1)
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall be
preserved to the greatest extent possible.
J.
FCC license. The applicant must demonstrate that it is licensed by
the Federal Communications Commission.
K.
Required parking. The site shall provide two parking spaces.
L.
Color and lighting. Antenna support structures shall be painted in
a color that best allow them to blend into the surroundings, unless
otherwise required by the Federal Aviation Administration (FAA) regulations.
The use of grays, blues and greens may be appropriate; however, each
case should be evaluated individually. No antenna support structure
may be artificially lighted except when required by the FAA. Except
as hereinafter provided, in all cases, a monopole antenna support
structure shall be required.
M.
Visual impact. Personal wireless service facilities shall be located
and designed to result in minimal visual impact for those residents
in the immediate area and for those in the larger community who view
these facilities from a distance. Minimum visual impact shall include
the following:
(1)
For facilities located in highly developed portions of the Township,
buildings may be used to accomplish the screening noted above.
(2)
It is acknowledged that large, multi-use towers located within major
use transmission areas cannot be effectively screened. In order to
minimize the visual impact, such new facilities should be located
in close proximity to other comparable structures. Accompanying buildings,
ground-mounted antenna, and other equipment and structures should
be subject to screening recommendations.
(3)
FAA requirements for coloring and lighting of towers supersede Township
requirements for minimum visual impact.
(4)
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
N.
As-built plans. Within 60 days of completion of the initial construction
and any additional construction, applicant shall furnish two complete
sets of plans, drawn to scale and certified to the Township as accurately
depicting the location of personal wireless service facilities constructed
pursuant to the building permit.
O.
Removal. Any antenna support structure that is no longer in use for
its original communications purpose, in essence antennas that are
no longer receiving transmissions, shall be removed at the owner's
expense. The owner shall provide the Township with a copy of the notice
to the FCC of intent to cease operations and shall be given 90 days
from the date of ceasing operations to remove the obsolete antenna
support structure and accessory structures. In the case of multiple
operators sharing use of a single tower, the removal shall be completed
90 days after all users cease operations. The equipment on the ground
is not to be removed, however, until the antenna support structure
has first been dismantled and removed. The owner shall provide a performance
bond or other acceptable financial security in the amount of 25% of
the cost of original construction of the antenna, antenna structure
and antenna equipment building for removal of the antenna and antenna
support structure and antenna equipment building. The Township has
the ability to increase the amount of the performance bond or other
acceptable financial security by appropriate resolution of the Township
Supervisors.
P.
Inspection. Beginning in December of 2001 and by December 31 of each
odd-numbered year thereafter, all antenna support structures shall
be inspected by an expert, who is hired by the applicant or subsequent
owner and who is regularly involved in the maintenance, inspection
and/or erection of antenna support structures. At a minimum, this
inspection shall be conducted in accordance with the Tower Inspection
Class Checklist provided in the Electronics Industries Association
(EIA) Standard 222, "Structural Standards for Steel Antenna Towers
and Antenna Support Structures." A copy of said inspection report
shall be provided to the Township. At the time said report is provided
to the Township, applicant shall pay a fee for processing and review
of these reports by the Township's consultant, in such amount as the
Board of Supervisors shall determine from time to time and as set
forth in an appropriate resolution or in an amount equal to the expenses
actually incurred by the Township if no such amount has been established.
Q.
The antennas and antenna support structure shall comply with all
applicable Federal Aviation Administration, Commonwealth Bureau of
Aviation, Federal Communications Commission and applicable airport
zoning regulations. The antenna and antenna support structure shall
not be placed within one mile of a public or private airport, nor
shall any antenna or antenna support structure be placed in the glide
path of any public or private airport.
R.
Access shall be provided to the antennas and antenna support structure
and antenna equipment building by means of a public street or easement
to a public street. The easement shall be a minimum of 20 feet in
width and shall be improved to a width of at least 10 feet with a
dust-free, all-weather surface for its entire length.
S.
The applicant shall submit a copy of its current Federal Communications
Commission license, the name, address and emergency telephone number
for the operator of the antenna, and a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the antenna and antenna support structure
and antenna equipment building, and said insurance shall be maintained
at all times unless and until the antenna support structure and antenna
equipment building are dismantled.
