Communication towers, as defined within the Federal Telecommunication Act of 1996, as amended (47 U.S.C. § 332(c)(7)(C)), and for functionally equivalent services (including those provided as essential services) must meet the following requirements.
(A) The tower and any antenna located thereon shall not exceed 250 feet in height.
(B) The tower must be of a monopole or free standing lattice design, capable of supplying its own support without the assistance of guy wires or other supports.
(C) The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means, except when lighting is required by either the Federal Aviation Administration or the state’s Department of Transportation, Bureau of Aeronautics.
(D) The color of the tower and any antennas located thereof must all be the same and such that it blends into the sky, to the extent allowed under requirements set forth by either the Federal Aviation Administration or the state’s Department of Transportation, Bureau of Aeronautics.
(E) No advertising logo, trademark, figurines or other similar marking or lettering shall be placed on the tower or any attachments thereto or any building used in conjunction therewith.
(F) The tower shall be located a distance equal to (or greater than) its height from any existing residential structure located on another parcel of property, unless a licensed engineer certifies that the tower and method of construction is such that the tower will not collapse or that it will collapse within itself and in that event, it must be located at least one-half of its height from any residence located on another parcel of property.
(G) (1) Any equipment used in conjunction with the tower (other than antennas placed upon the tower) shall be located within a completely enclosed unmanned building.
(2) The building shall not be larger than 500 square feet in area.
(3) Only one low wattage (150 w or less) shielded wall-mounted security light over the entrance to the building is permitted.
(4) Shielding of the light shall be to direct light down to the ground.
(5) There shall be no storage or placement of personal property outside such building.
(H) No signs shall be used in conjunction with the tower, except for one sign not larger than eight and one-half inches high and 11 inches wide.
(I) Personnel are not allowed to be continuously on the site, but may come onto the site for servicing, maintenance and related work necessary to the operation of the tower and related equipment.
(J) (1) No toxic, hazardous, or other dangerous substances of any kind shall be stored, placed or used on the property, except for gasoline used specifically for emergency electrical generators and which is located within gas tanks directly attached to such generators.
(2) Notwithstanding the above, maintenance crews may bring onto the property, while maintenance is being conducted, lubricants and other materials reasonably necessary to properly maintain the facility; provided, there is compliance with all applicable township, county, state and federal ordinances, statutes, rules and regulations.
(K) All access drives and areas used for vehicular use shall be composed of at least 12 inches of compacted road gravel (MDOT 21AA or 22A).
(L) Towers may be located upon a site where there is another principal use and shall not constitute a second principal use.
(M) A tower must be located at least three-quarters of its height away from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse, it falls within itself and in that event, it must be located at least one-third of its height from any property line.
(N) All towers must meet all applicable state and federal statutes, rules and regulations.
(O) The applicant must demonstrate by way of a written opinion of a registered engineer that the proposed tower meets all applicable local, state and federal building requirements.
(P) The owner or operator of the tower and any subsequent owner or operator of the tower must make reasonable accommodation for co-location of antennas or other similar devices to provide for personal wireless services and/or for functionally equivalent services by other providers upon payment of reasonable compensation under all of the circumstances; and, provided, such co-location is technically and legally feasible.
(Q) No tower shall be closer than one-half mile to a similar such tower, that is capable of supporting the required antenna loading at the necessary height; provided, co-location on such tower can be obtained.
(R) There must be submitted to the township an engineering study showing that there is a reasonable need for the tower in order to provide for personal wireless services or functionally equivalent services and that it is not reasonably possible to co-locate on an existing tower to provide such service.
(T) All other requirements of the zone in which they are located must be met.
(U) A site plan showing compliance with the requirements hereof, shall be submitted and approved by the Planning Commission.
(V) Antennas used for personal wireless service as defined within the Federal Telecommunication Act of 1996, as amended, 47 U.S.C. § 332(c)(7)(C), and for functionally equivalent services that are four feet in length or less may be placed in any zoning district on elevated water storage tanks, telephone poles and towers whose principal use is for telephone wires and lines on poles or towers whose principal use is for electrical distribution or transmission wires, cables or lines.
(W) In order to reasonably accommodate licensed amateur radio operators as is required by Federal Code of Regulations, 47 C.F.R. part 97, as amended, and Order and Opinion (PRB1) of the Federal Communication Commission of September, 1985, a licensed amateur radio operator may locate a tower not to exceed 100 feet in height in the R-1 and R-2 Zoning Districts and 200 feet in height in any other zoning district; provided, the requirements above are met.
(Ord. passed 7-12-2012, § 4.32) Penalty, see § 154.999