Wireless communication facilities may be permitted in certain districts, as specified in this chapter, subject to the following.
(A) Standards and conditions applicable to all commercial broadcast and wireless communication facilities.
(1) Facilities shall not be demonstrably injurious or otherwise detrimental to the public safety and welfare.
(2) Facilities shall be located and designed to be harmonious with the surrounding areas. The use of monopole towers shall be required unless the applicant demonstrates that monopole towers are not feasible for the proposed use.
(3) Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
(4) Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower height.
(5) The following additional standards shall be met.
(a) The maximum height of the support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to colocate on the structure). Accessory buildings shall be limited to the maximum height for accessory structures within the respective district.
(b) The setback of the support structure from any property line and existing or proposed road right-of-way line shall be at least the height of the higher point of the support structure. Multiple towers on the same parcel or adjoining parcels shall each meet the above criteria and be separated from any other tower for a distance at least equal to the height of the tallest tower.
(c) There shall be unobstructed access to the facility for operation, maintenance, repair and inspection (may be provided by an easement).
(d) The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
(e) Rooftop wireless communication facilities shall be architecturally compatible with the principal building.
(f) The Planning Commission may regulate the color of the support structure and all accessory buildings to minimize distraction, maximize aesthetic appearance, and ensure compatibility with surroundings, subject to regulations of the Federal Aviation Administration.
(g) Support structures shall be constructed in accordance with applicable building codes. A soils report from a geotechnical engineer, licensed in the state, shall be submitted. This report shall include soil borings and confirmation of the suitability of soils for the proposed use. Federal Aviation Administration, Federal Communication Commission and State Aeronautics Commission requirements shall be noted.
(h) A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility.
(i) A landform buffer, buffer strip or screen wall and adjacent greenbelt shall be provided in accordance with §§ 153.173 and 153.177. The Planning Commission, after considering the type, size and height of all equipment being proposed, may require additional landscaping or screening where the Planning Commission determines it is necessary to minimize the impact on adjacent properties.
(j) Where employees will be stationed at the facility on a permanent or intermittent basis, adequate off-street parking shall be constructed with an asphalt or concrete surface in conformance with § 153.169.
(k) There shall be no outdoor storage of equipment and/or materials which are not necessary for daily operations, except those which are necessary for safety or emergency repairs at that particular site.
(6) The application shall include a certification by a state licensed professional engineer regarding the manner in which the proposed structure will fall.
(7) The application shall include a description of security to be posted at the time of receiving a building permit to ensure removal of the facility when it has been abandoned or is no longer needed. The security shall be in the form of cash, surety bond, letter of credit or an agreement in a form approved by the Township Attorney and recordable at the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the chapter. The applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the township in securing removal.
(8) The application shall include a map showing existing and known proposed wireless communication facilities within the township and areas surrounding the township, if the information is on file with the township, the applicant shall update as needed. Any such information which is trade secret and/or other confidential commercial information may be submitted with a request for confidentiality in connection with the development of governmental policy. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be made in writing.
(9) The applicant shall provide the name, address and phone number of the person to contact for all engineering, maintenance and other notice purposes. This information shall be continuously updated while the facility is on the premises.
(B) Standards and conditions applicable to special land uses. In addition to the provisions in division (A) above, all wireless communication facilities which require special land use approval shall conform with the following.
(1) The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:
(a) Proximity to major thoroughfares;
(b) Population concentrations;
(c) Business centers;
(d) Signal interference;
(e) Topography; and/or
(f) Other specifically identified reason(s) creating facility need.
(2) The proposal shall be reviewed in conformity with the colocation requirements of division (C) below.
(C) Requirements for colocation.
(1) A permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that colocation is not feasible.
(2) All new and modified wireless communication facilities shall be designed and constructed so as to accommodate colocation. At a minimum, all new wireless communication facilities shall be designed to accommodate three users.
(3) The policy of the township is for colocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible coiocation, such facility shall be deemed to be a nonconforming structure and use.
(4) If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new wireless communication facility, the party failing or refusing to permit a feasible coiocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the township and consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the township for a period of five years from the date of the failure or refusal to permit the colocation. Applicants to the Zoning Board of Appeals regarding this provision must demonstrate that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or would have the effect of prohibiting the provision of personal wireless communication services.
(5) Incentive application for colocation of a new wireless communication.
(D) Removal.
(1) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
(a) When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse; and/or
(b) Six months after new technology is available at reasonable cost, as determined by the Planning Commission, which permits the operation of the communication system without the requirement of the support structure.
(2) The situations in which removal of a facility is required, as set forth in division (D)(1) above, may be applied and limited to portions of a facility.
(3) Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal.
(4) If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days’ written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time of application.
(Ord. passed 10-11-2000) Penalty, see § 153.999