(A) Authorization.
(1) Changing technology in the field of communications has resulted in reliance upon more versatile convenient forms of communication.
(2) Businesses, individuals and government have all developed a strong dependence upon the ability to quickly contact others.
(3) The uses of radios and cellular phones have proven themselves over and over again in emergency situations.
(B) Qualifying conditions. The following site and developmental requirements shall apply:
(1) A minimum site of 1 acre;
(2) A special land use permit issued by the Planning Commission is required;
(3) The applicant will be required to provide an existing cell coverage map, a proposed cell coverage map, and map of existing towers within at least a mile of the proposed site. The maps will assist in identification of "holes" in their coverage and therefore allow the township and the applicant to locate the tower on or near the most appropriate site in order to minimize their gap in coverage;
(4) Communication towers are allowed under prioritized locations:
(a) First:
1. Co-location; and
2. Township property.
(b) Second:
1. Industrial; and
2. Commercial.
(c) Third:
1. Agriculture;
2. Residential farm; and
3. Residential suburban.
(5) The base of the tower and wire cable supports shall be fenced with a minimum 6-foot high fence.
(C) Special performance standards.
(1) The tower must be setback from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the township engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall incur all cost associated with township engineering review.
(2) Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to front or side property lines than 30 feet.
(3) All towers shall be equipped with an anti-climbing device to prevent unauthorized access.
(4) The plans of the tower construction shall be certified by a registered structural engineer.
(5) The applicant shall provide verification that the antennas mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.
(6) All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.
(7) Communication towers in excess of 100 feet in height above grade level shall be prohibited within a 2-mile radius of a public airport or a one-half-mile radius of a helipad.
(8) No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located. In no case shall a tower or antenna be located within 30 feet of a front or side property line.
(9) Metal towers shall be constructed of, or treated with, corrosive-resistant material.
(10) Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections will all applicable local statutes, regulations and standards.
(11) Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.
(12) 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 8 feet above the ground at all points, unless buried underground.
(13) Towers shall be located so that they do not interfere with television or radio reception in nearby residential areas.
(14) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and or leased by the applicant.
(15) Towers shall not be artificially lighted unless required by the Federal Aviation Administration.
(16) Existing on-site vegetation shall be preserved to the maximum extent practicable.
(17) There shall not be displayed advertising or identification of any kind intended to be visible form the ground or other structures, except as required for emergency purposes.
(18)
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 the standard of the special use; approval will be subject to revocation by the Planning Commission. Cost for testing and verification of compliance shall be borne by the operator of the antenna.
(19) 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.
(20) The tower shall be removed by the property owner or lessee within 6 months of being abandoned.
(21) Co-location required:
(a) Newly constructed towers shall have 3 times the capacity of intended use in order that secondary users could leave the balance of the tower capacity at a reasonable rate;
(b) The applicant must include a statement in the application and an affidavit stating space on a proposed tower will be made available to future users when technically possible; and
(c) The applicant shall send a written notice via certified mail to all potential users of the new communication tower offering an opportunity for co-location.
1. The list of potential users shall be provided by the township based on those entities who have requested approval of communication towers in the past, current FCC license holders, and any other entities requesting to be included on the list.
2. Copies of the notice letters are sent to potential users, a user or user’s request, in writing, to co-locate on the new communication tower, the applicant shall accommodate the request(s), unless co-location is not reasonable possible based on the criteria of this division.
(Ord. 99, passed 11-18-1996, § 22.32; Am. Ord. 129, passed 5-15-2001
; Am. Ord. 174, passed 11-10-2008)
Penalty, see § 153.999