Communication towers may be permitted in the A/R District with the exception of land designated residential in the future land use map of the Comprehensive Master Plan, in the RCC, O, GB, I Districts, and on open land in any district that is permanently dedicated for conservation, recreation or institutional use subject to the following special land use approval requirements.
(A) The tower must be set back a minimum of 200 feet from all property lines.
(B) Towers shall be a monopole type using no guy wires.
(C) Accessory structures are limited to uses associated with the maintenance of the tower and may not be located any closer to any property line than 30 feet.
(D) Accessory structures shall not exceed 600 square feet of gross building area.
(F) All towers shall be equipped with an anti-climbing device to prevent unauthorized access.
(G) A registered structural engineer shall certify the plans of the tower construction.
(H) The applicant shall provide verification that the antenna-mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.
(I) Applicant shall obtain or document approval from the Federal Aviation Administration (FAA) and the State Aeronautics Administration for the height and location of a proposed tower structure near an airport or helipad.
(J) Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public or private airport or one-half-mile radius of a helipad.
(K) Metal towers shall be constructed of, or treated with, corrosive-resistant material.
(L) Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.
(M) Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the official Building Code approved by the township.
(N) All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
(O) Towers shall be located so that they do not interfere with reception in nearby areas. If problems occur after construction, the tower owner or lessee shall provide a remedy.
(P) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and/or leased by the applicant.
(Q) The base of the tower shall occupy no more than 500 square feet.
(R) Minimum spacing between tower locations shall be one mile (without respect to municipal boundaries) in order to prevent a concentration of towers in one area.
(S) Height of the tower, including antennae, shall not exceed 195 feet from grade.
(T) Towers shall not be artificially lighted, it being the intent of the township to encourage the use of towers of the height that does not require lighting, which may adversely affect nearby properties. However, if required by the FAA in the future, lighting shall be of the dual mode day/night type (red at night, strobe during the day) and be designed to refract upward so as to limit ground scatter to a maximum of 75 candela.
(U) Existing on-site vegetation shall be preserved to the maximum extent practicable.
(V) There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.
(W) The antenna shall be painted to match the exterior treatment of the tower. The chosen paint scheme shall be designed to minimize off-site visibility of the antenna.
(X) Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by that standard or the special land use approval shall be subject to revocation by the Township Board. Cost for testing and verification of compliance shall be borne by the operator of the antenna.
(Y) There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.
(Z) All driveway entrances shall meet the requirements of the County Road Commission and a permit shall be obtained from the Road Commission for each driveway entrance.
(AA) Except for the driveway opening, along the entire perimeter of the tower, including its related structures and fencing, and within the area leased or owned by the applicant, the developer shall plant a landscaping buffer, which the lessee or owner shall subsequently maintain.
(1) The buffer, at a minimum, shall consist of two staggered rows of trees that are a minimum of six feet tall when planted with a height at maturity of at least 20 feet.
(2) Trees shall be planted on 20-foot centers.
(3) Trees shall be 80% evergreens and 20% deciduous, mixed in species, using only species approved by the American Nursery and Landscape Association or a similar organization that may be specified elsewhere by township ordinance.
(4) The Planning Commission may waive this requirement if the site is buffered by adequate existing natural vegetation.
(BB) Shared use of towers is both permitted and encouraged.
(1) A new tower application shall not be accepted unless the applicant makes a good faith effort to substantially demonstrate that no existing or planned tower can accommodate the applicant’s antenna or transmitter.
(2) The applicant shall include documentation regarding the availability of any existing or approved, but not yet built communication towers within the transmission area that may meet the needs of the applicant.
(3) The supplied documentation shall evaluate the following factors:
(a) Structural capacity of the communication towers;
(b) Geographic service area requirements;
(c) Mechanical or electrical incompatibilities;
(d) Inability or ability to locate equipment on existing communication towers; and
(e) Any restriction of the FCC that would preclude the shared use of communication towers.
(4) And, further, the applicant for a new tower shall submit a written agreement, transferable to all successors and assigns, stating that the tower operator shall make space available on the tower for co-location. Proposed antenna locations shall be indicated on the site plan.
(CC) A prospective co-locator on an existing tower must provide the following in applying for a special land use permit, the review and written approval of which will be handled by, and will not be unreasonably withheld by, the Zoning Administrator or other designated official, unless he or she determines there are special issues or circumstances that compel a Planning Commission review:
(1) One copy of the original site plan for the tower, as amended;
(2) Information or documentation as needed to verify compliance with the requirements above; and
(3) Any fee that may be required for a special land use application.
(DD) All towers that cease to be used for a period of six continuous months shall be removed at the owner’s expense, including all equipment and structures, and the owner shall restore the site to its original condition within three months of a written notice and request by the township. If a tower is scheduled to be back in use within six months of the date of the township’s notice, as provided herein, the owner may apply to the Zoning Board of Appeals (ZBA) for an extension. Upon proof that use of the tower will recommence within six months of the notice to remove, the ZBA may grant an extension, not to exceed six months.
(EE) The applicant also shall submit to the township a valid certificate of liability insurance, to be renewed annually, listing the township and its past, present and future trustees as additional named insured. The certificate also shall state that if the policy is to be canceled before the expiration date thereof, the issuing company will mail a notice to the township, as certificate holder, at least 30 days before the expiration date. A cancellation notice shall be considered an event of default, which allows the township to draw the entire amount of the bond as security. If the insurance is allowed to lapse, the tower will be deemed to be no longer in use.
(FF) The following communication facilities are exempt from the above provisions, provided that they meet the requirements of the zoning district in which they are located and provided that the maximum height of these facilities shall be 60 feet:
(1) Citizen band radio facilities;
(2) Short wave facilities;
(3) Ham and amateur radio facilities;
(4) Television reception antennae;
(5) Satellite dishes;
(6) A farmer’s communication system; and
(7) Government facilities subject to state and federal law or regulations that preempt municipal regulatory authority.
(Ord. passed 6-28-2006; Ord. passed 7-6-2010)