The following regulations shall apply to all wireless telecommunications antennas.
(a) Conditional use subject to regulations. Wireless telecommunications antennas shall be located on existing utility owned poles and traffic lights. If such placement is not possible, wireless telecommunications antennas are permitted by conditional use in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the township.
(b) Nonconforming wireless support structures. Wireless telecommunications antennas shall be permitted to co-locate upon nonconforming wireless telecommunications towers and other non-conforming structures. Co-location of WCF upon existing wireless telecommunications towers is encouraged even if the wireless telecommunications tower is nonconforming as to use within a zoning district.
(c) Standard of care. Any wireless telecommunications antenna shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the township.
(d) Wind. All wireless telecommunications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).
(e) Aviation safety. Wireless telecommunications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
(f) Public safety communications. Wireless telecommunications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g) Radio frequency emissions. A wireless telecommunications antenna shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields”, as amended.
(h) Removal. In the event that use of a wireless telecommunications antenna is discontinued, the owner shall provide written notice to the township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows.
(1) All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the township.
(2) If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the township, the WCF and/or associated facilities and equipment may be removed by the township and the cost of removal assessed against the owner of the WCF.
(i) Insurance. Each person that owns or operates a wireless telecommunications antenna shall provide the township with 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 wireless telecommunications antenna.
(j) Indemnification. Each person that owns or operates a wireless telecommunications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the wireless telecommunications antenna. Each person that owns or operates a wireless telecommunications antenna shall defend any actions or proceedings against the township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a wireless telecommunications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys’ fees, reasonable expert fees, court costs and all other costs of indemnification.
(k) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(1) The wireless telecommunications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the township’s residents.
(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(Ord. 984, passed 11-20-2018)