[Ord. No. 2001-10 § 4]
It is the purpose of this section to provide specific zoning
conditions and standards for the location and operation of wireless
antennas for telephone, radio, paging and other personal communication
services and/or television communication within the Township of Hardwick.
These provisions acknowledge that there may be inherent benefits that
can be derived from the construction and operation of such antennas
and the towers on which they are located. These provisions further
acknowledge the need to safeguard the public good and preserve the
intent and the purposes of the Hardwick Township zone plan.
[Ord. No. 2001-10 § 4]
The overall objective of these provisions is to enable the location
of necessary wireless antennas within Hardwick Township which have
been determined by the Courts to be inherently beneficial in order
to provide the fullest extent of wireless communication services while
simultaneously limiting the number of supporting towers to the fewest
possible. In acknowledgment that more than one (1) service carrier
may have the right to provide communication services utilizing wireless
antennas within the Township of Hardwick, it is an objective of these
provisions that as many of the different service carriers as possible
collocate their wireless antennas on the same tower in order to limit
the total number of such towers within the Township of Hardwick to
the fewest possible. In addition, these ordinance provisions seek
to preserve the rural, agricultural character of the Township and
to protect the Township's historical resources.
[Ord. No. 2001-10 § 4]
In order to provide proper evidence that any proposed location
of wireless antennas (and any supporting tower and/or ancillary building
enclosing related electronic equipment) has been planned to result
in the fewest number of towers within the Township of Hardwick at
the time full service is provided by the applicant throughout the
Township, the applicant shall submit a Comprehensive Plan. Said Comprehensive
Plan shall indicate how the applicant proposes to provide full service
throughout the Township of Hardwick and, to the greatest extent possible,
said Comprehensive Plan shall also indicate how the applicant's plan
is coordinated with the needs of all other providers of wireless communication
services within the Township of Hardwick. The Comprehensive Plan does
not supplant or supersede any requirements for a site plan. Summarily,
the Comprehensive Plan shall indicate the following:
a. Whether the applicant's subscribers can receive adequate service
from wireless antennas located outside of the borders of the Township
of Hardwick;
b. How the proposed location and propagation patterns of the proposed
wireless antennas are necessary to the location of any existing towers
within and/or near the Township of Hardwick;
c. How the proposed location and propagation patterns of the proposed
wireless antennas are necessary to the anticipated need for additional
wireless antennas and supporting towers within and/or near the Township
of Hardwick by both the applicant and by other providers of wireless
communication services within the Township of Hardwick;
d. How the proposed location of the wireless antennas relates to the
objective of collocating the wireless antennas of different service
carriers on the same tower;
e. How the proposed location of the wireless antennas relates to the
overall objective of providing full wireless communication services
within the Township of Hardwick while, at the same time, limiting
the number of towers to the fewest possible;
f. Whether the proposed wireless antennas meet all technical emission
standards set by the Federal Communications Commission and other applicable
technical requirements of State and/or Federal governmental agencies
with appropriate jurisdiction;
g. Whether the proposed location of the proposed wireless antennas complies
with the requirements of the National Environmental Policy Act;
h. Whether collocation of the proposed wireless antennas on another
existing tower or structure is feasible; and
i. Whether the proposed wireless antennas can be located on municipally
owned property.
[Ord. No. 2011-02 § 1]
Wireless antennas for telephone, radio, paging and/or telephone
communications are conditional uses and are subject to the following
conditions:
a. Overall Plan. The applicant shall submit proof that the proposed
location of the wireless antennas promote the overall objective of
providing full wireless communication services within Hardwick Township
while limiting the number of towers to the fewest possible consistent
with this objective.
b. Location Priorities. The location of the antennas shall comply with the location priorities set forth in Subsection
13-106.4 herein.
c. Co-Location. Co-location on an existing tower or an existing or proposed
water tower, higher tension tower or existing structure within or
near the Township of Hardwick while providing adequate signal coverage
and service.
d. Height. In no event shall the height of the tower exceed one hundred
ninety-nine (199) feet. The applicant shall demonstrate that the total
requested height of the proposed antennas and any proposed new tower
is the minimum height necessary for the proposed installation to satisfactorily
operate.
e. Setbacks.
1. If the proposed antennas will be located on an existing tower or
water tower or stand pipe, no additional setbacks shall be required,
other than compliance with the setbacks of the existing structure.
2. No antenna, tower, building or structure shall be permitted within
one hundred (100) feet of the right-of-way of any street or from any
other existing or proposed property line or within the height of the
tower whichever is greater.
f. Structural Integrity. Any proposed tower and/or antennas shall be
constructed with sufficient structural integrity to support the proposed
antennas and the anticipated future co-located antennas to the Electronic
Industries Association and/or the Telecommunications Industries Association
standards as the same may be amended or updated. Documentary proof
shall be supplied by a qualified expert. The tower or facility shall
be constructed with sufficient structural capacity to support a minimum
of two (2) arrays of antennas from other wireless carriers in addition
to the array proposed by the applicant.
g. Emissions. The applicant shall submit acceptable documentary evidence
that the proposed wireless antennas meet all technical emission standards
set by the Federal Communications Commission and other applicable
technical requirements of the Federal and State governmental agencies
with appropriate jurisdiction.
h. Screening and Landscaping. The applicant shall comply with the requirements of Subsection
13-106.8b16 with respect to screening and landscaping. The object is to provide a visual screen or buffer for adjoining private properties and persons traveling on a public street.
i. Fencing and Other Safety Devices. Any tower or other structure supporting
the antennas and any building or structure enclosing related electronic
equipment shall be surrounded by a fence eight (8) feet in height
minimum in order to prevent unauthorized access. All towers shall
be designed with anti-climbing devices in order to prevent unauthorized
access.
[Ord. No. 2001-10 § 4]
If, according to the goals and objectives of the Comprehensive
Plan, wireless antennas are needed, said wireless antennas shall be
located in accordance with the following prioritized locations:
a. The first priority shall be an existing tower or an existing or proposed
water tower, high tension tower or existing structure within or near
the Township of Hardwick.
b. The second priority location shall be on lands owned by the Township
of Hardwick.
c. In no case shall wireless antennas for telephone, radio, paging and/or
television communication be located within a street right-of-way or
within one hundred (100) feet thereof.
[Ord. No. 2001-10 § 4]
The applicant shall demonstrate that the total requested height
of the proposed cellular antenna and any proposed new tower is the
minimum height necessary for the proposed installation to satisfactorily
operate. In no event shall the height of the tower exceed one hundred
ninety-nine (199) feet.
[Ord. No. 2001-10 § 4]
The applicant shall provide a performance bond and/or other
assurances satisfactory to the Planning Board and in a form approved
by the Township Attorney that will cause the antennas, the supporting
tower, the ancillary building enclosing related electronic equipment
and all other related improvements to the land to be removed, at no
cost to the Township when the antennas are no longer operative. The
applicant and/or operator of the wireless antennas shall provide the
Township with a notice or letter of intent to cease operations. The
applicant shall be responsible for prompt demolition and removal of
the unused tower.
Any communication facility not used for its intended and approved
purpose for a period of six (6) months shall be considered "no longer
operative" and shall be removed by the applicant or their assigns
within sixty (60) days thereof.
[Ord. No. 2001-10 § 4]
All other applicable requirements of this section not contrary
to the specific conditions and standard specified herein shall be
met but waivers and/or variances of such other applicable requirements
of this section may be granted by the Planning Board.