(A) Intent. It is the intent of this section to promote the health, safety and general welfare of the residents of the township; to provide standards for the safe provision of utility distribution facilities consistent with applicable federal and state regulations; to minimize the total number of utility distribution facilities in the community by encouraging shared use of the facilities and to minimize adverse visual, sound and odor effects from utility distribution facilities by requiring careful sitting, visual impact assessment and appropriate landscaping thereby protecting the natural features and aesthetic character of the township.
(B) Uses that may be permitted.
(1) Public utilities and service installations, except those approved prior to the effective date of this section, may not continue to be used unless in conformity with these regulations. No utility distribution facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a utility distribution facility unless in conformity with these regulations.
(2) These regulations shall apply to all property within the following districts: A-1, R-1A, B-2, B-3, M-1 and M-2 districts. Utility distribution facilities shall be specifically excluded from all other districts.
(1) The submitted site plan shall show all existing and proposed structures including lighting and improvements including roads, buildings, tower(s), guy wires and anchors, antennae, parking and landscaping, and shall include grading plans for new facilities and roads.
(2) The plan shall ensure that the utility distribution facilities shall be in a completely enclosed structure which conforms in character and appearance to other buildings, located within 1,500 feet of the proposed structure.
(3) The facility plan shall show that the facility shall be located at least 500 feet from any property boundary line and at least 750 feet from any current structure.
(4) The facility plan shall show that it does not involve business offices, storage areas or structures requiring trucking or other truck movements.
(5) The applicant shall submit documentation on the proposed intent and capacity of use as well as a justification for the height of any utility distribution facilities and justification for any clearing required.
(D) Lot size and setbacks. All proposed utility distribution facilities accessory structures shall be located on a single parcel and shall be setback from abutting parcels and street lines a distance sufficient to substantially preserve the privacy of any adjoining residential properties.
(1) Lot size of parcels containing a utility distribution facilities shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Commission determines that this provision may be waived.
(2) Utility distribution facilities shall be located with a minimum setback from any property line equal to at least 500 feet and 750 feet from any existing structure. Accessory buildings shall comply with minimum setback requirements in the underlying zoning district.
(E) Visual/noise/odor impact assessment. The Planning Commission may require the applicant to undertake visual and noise impact assessments which may include:
(1) A zone of visibility map and/or zone of noise penetration and/or zone of odor penetration map shall be provided in order to determine where the facility may be seen and what noise or odor will be emanating from;
(2) Pictorial representations of before and after view from any key viewpoints both inside and outside of the township including, but not limited to, state highways and other major roads, other public lands or sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. If this is a requirement, the Township Zoning Administrator shall determine the key sites at a presubmission conference with the applicant;
(3) Assessment of the alternative designs and color schemes, as described in division (F) below;
(4) Engineering studies showing likely noise impacts upon properties within a 2,000-foot radius of the facility as well as alternate designs to reduce or eliminate the transmission of noise to areas outside the walls of the utility distribution facilities; and
(5) Studies to show that no odor will emanate from the facility.
(F) Facility design. Alternate designs shall be considered for new facilities, including underground. The design of a proposed new utility distribution facility shall comply with the following.
(1) Unless specifically required by other regulations, a utility distribution facility shall have a finish that minimizes its degree of visual impact.
(2) The maximum height of any new utility distribution facility shall not exceed that which shall permit operation without artificial lighting of any kind or nature, except as required by state and/or federal law and/or regulation. The Planning Commission, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.
(3) No lighting shall be permitted unless required by the state or federal law. If facility lighting is necessary, the applicant shall fully disclose to the Planning Commission all lighting options. Only the minimal amount of lighting necessary to meet state and/or federal laws and/or regulations shall be authorized. Light pollution or light spillover to the nearby and distant properties shall be minimized to the greatest degree possible by use of shielding. The Planning Commission shall upon review approve only the lighting scheme that it determines to be least obtrusive to the affective properties.
(4) Accessory building shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(5) A sign shall be conspicuously placed near the base of a utility distribution facility and it shall generally state that danger exists and that no access is permitted. No portion of any utility distribution facility or accessory building shall be used for a sign other than as stated or for any other advertising purpose, including, but not limited to, company name, phone numbers banners and streamers.
(6) No noise shall be permitted to extend beyond the premises, except at a level of no more than 45 db(A) for more than 30 minutes in a 24-hour period. The applicant shall fully disclose to the Planning Commission all noise options. Only the minimal amount of noise necessary shall be authorized. Noise pollution to nearby and distant properties shall be minimized to the greatest degree possible by use of shielding, burying or noise making devices, insulation, buildings and the use of technology. The Planning Commission shall upon review approve only the noise levels and scheme that it determines to be least obtrusive to the affected properties.
(7) No odor shall be permitted to extend beyond the premises. The applicant shall fully disclose to the Planning Commission all potential odor problems. Odor pollution to the nearby and distant properties shall be prohibited by the use of appropriate devices. The Commission shall, upon review, approve only the odor levels and schemes that it determines to be least likely to allow odors to extend to adjacent or distant properties.
(G) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height four feet off the ground) shall take place prior to the approval of the special permit.
(H) Screening. Facades may be required to be built and deciduous or evergreen trees planting may be required to screen portions of the facility and accessory buildings from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, facades and screening shall be required where the facility is located aboveground.
(I) Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(J) Parking. Parking shall be provided to assure adequate emergency and service access. The Township Zoning Administrator shall determine the number of required spaces based upon a recommendation from the applicant. Two parking spaces shall be located in any required yard.
(K) Fencing. The facility shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Commission. This requirement may be waived by the Planning Commission if the applicant demonstrates that the measures are unnecessary to ensure the security of the facility.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999