The purpose of this article is to provide sound
land use policies, procedures and regulations for personal wireless
telecommunications facilities (PWTFs) to protect the Township of Mantua
from the visual or other adverse impacts of these facilities while
encouraging their unobtrusive development to provide comprehensive
wireless telecommunications services in the Township with its benefits
to residents and businesses. The article expresses a preference that
antennas be located on existing buildings and towers, preferably on
municipal or other public property and not on newly constructed telecommunications
towers, and encourages co-location and site-sharing of new and existing
PWTFs.
Applicants, other than those entities which
are licensed by the Federal Communications Commission to provide personal
wireless services in the Township of Mantua and its vicinity (to wit,
within a distance of two miles of the Township's borders), who offer
to erect PWTFs in the Township, shall possess written and signed agreements
with a provider or providers of such services. Such agreements will
guarantee use of the proposed facility by at least one provider, under
the following conditions:
A. The use is for FCC-licensed activities;
B. The use will continue for a period of at least one
uninterrupted year; and
C. The use will commence no later than six months after
all approvals for the facility were secured or could have been secured
by a prudent and diligent applicant.
Entities seeking approval of new PWTFs in the
Township of Mantua shall, in addition to their compliance with existing
legal and regulatory requirements, show that the planned facilities
also comply with the following objectives:
A. To the extent that it is practical, use of existing
facilities inside the Township and its immediate vicinity (to wit,
within one mile of the Township's boundaries).
B. If such usable facilities exist, then also to the
extent that it is practical, use of facilities that are owned by the
Township.
C. If usable existing facilities do not exist, then to
the extent that it is practical, use of property owned by the Township.
D. Improvement of opportunities for co-location, by either:
(1) Co-locating on an existing facility, or
(2) Constructing and designing new facilities so as to
maximize the opportunity of co-location for additional providers.
E. Compliance with the co-location policy presented in §
230-62 (both as a new provider before approval and as an existing provider after approval).
F. Compliance with the usage reporting and facility dismantling policy in §
230-63.
In an effort to minimize the negative impacts
of personal wireless facilities, providers shall adhere to the following
policy regarding facility erection and construction, facility dismantling,
and usage reporting.
A. If the entity requesting the erection of an antenna
tower or similar facility (the applicant) is not a provider, then
no facility may be constructed unless there exists a signed agreement
between the applicant and at least one provider for the immediate
and continuous use of the facility by the provider.
B. A report on usage of the facility by the provider
and others will be filed annually, on or before the first of May,
with the Township Clerk of Mantua Township indicating usage of the
antenna site. The report shall include the names and addresses of
providers and others who use the site, whether or not users are licensed
by the FCC to provide personal wireless services, whether or not users'
equipment is in operation, and whether or not users provide active
service to the community (including transmitting and receiving radio
frequency signals) from the site. Suspensions of service and service
discontinuities exceeding two weeks shall be reported as well.
C. Should the facility not be used by any provider for
a period exceeding six months, the facility and all related systems
and structures shall be dismantled at the applicant's expense. Dismantling
shall be at least four feet below grade, and the affected area shall
be restored to its original appearance.