Halfmoon Township City Zoning Code
ARTICLE XVIII
Telecommunications Facilities
§ 255-80 Statement of intent.
The telecommunications regulations are intended to achieve the following:
A.
To provide a competitive and wide range of telecommunications services while minimizing the impacts of the telecommunications infrastructure in populated areas.
B.
To encourage and maximize the shared use of existing telecommunications towers (tower-based WCFs), buildings, and structures.
C.
To ensure that new towers will be safe, placed in suitable locations, and blend into the environment where located.
§ 255-81 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any equipment serving or being used in conjunction with a wireless communications facility (WCF) or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment.
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
A structure or equipment at a fixed location that enables Federal-Communications-Commission-licensed or -authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this article or any equipment directly associated with a tower. The term includes the equipment and any structure other than a tower that supports or houses the equipment, including equipment associated with wireless communications services, such as but not limited to radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving electromagnetic waves for communications purposes.
A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, including:
Any tower or base station, provided that it is existing at the time the relevant application is filed.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function satisfactorily.
A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
State of the art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flagpoles.
A telecommunication facility consists of equipment, buildings, towers and other structures involved in transmitting, receiving and relay of electromagnetic waves.
The building in which electronic receiving, transmitting and relay equipment for a tower-based WCF is housed.
Any ground-mounted structure that is designed and constructed for the sole or primary purpose of supporting any Federal-Communications-Commission-licensed or -authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission, such as microwave backhaul, and the associated site). The term includes without limitation radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flagpole, or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal-Communications-Commission-licensed or -authorized antennas and their associated facilities, as well as a Ft. Worth attachment, shall not be considered a tower. The term also does not include towers and support of structures on residential dwellings for private noncommercial amateur purposes, including but not limited to satellite dishes or television antennas, amateur radio equipment including, without limitation, ham or citizen band radio antennas.
Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flagpole, or other similar structure) with a similar new structure to support the weight of a WCF is not considered a new tower-based WCF.
Equipment that facilitates transmission for any Federal-Communications-Commission-licensed or -authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Wireless communications facilities located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles, and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower, or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals, and other similar structures that could support the placement or installation of wireless communication facilities if approved by the municipality.
§ 255-82 Review and permitting.
A.
All applications for the location, subdivision, lease, and licensing of sites for all new telecommunications facility buildings and towers are subject to the requirements of Chapter 215, Subdivision and Land Development, and this chapter, and are subject to review by the Planning Commission and approval by the Board of Supervisors.
B.
Legally preexisting towers and antennas will not be required to meet the following requirements unless specifically indicated.
§ 255-83 Location, area and bulk requirements.
B.
Maximum height.
(1)
Tower-based WCFs.
(a)
Towers located at or below elevation of 1,400 feet: 200 feet measured from the average natural grade of the approved facility area to the top point of the tower or antenna, whichever is greater;
(b)
Towers above elevation of 1,400 feet. For locations above an elevation of 1,400 feet as shown on the United States Geological Survey Topographic Quadrangle mapping, in which case the following shall apply:
[1]
The maximum height shall be 50 feet, and the whip antenna shall be permitted to extend a maximum of 15 feet above the structure to a total maximum height of 65 feet, and the tower and/or antenna must be of a concealed, camouflaged, or stealth design that blends into the natural environment so as not to be seen or recognized. This includes tree poles or architecturally screened antenna that can be attached to existing structures other than towers.
(2)
WCF on existing structure. A WCF to be installed on an existing structure shall not exceed a maximum height of 10 feet above the permitted height of any structure permitted in the applicable zoning district.
C.
Minimum setback of tower-based WCFs. The minimum setback of tower-based WCFs shall be as required in the applicable zoning district, except for the following:
(1)
No tower-based WCF shall be located closer than 200 feet or a figure equal to 110% of the proposed tower-based WCF height, whichever is greater, from any existing structure or property line, excluding other tower-based WCFs, antennas, or facilities.
D.
Minimum lot, lease area, and/or license area size of telecommunications facilities. No minimum lease area, and/or license area size is required for a telecommunications facility; however, as required in the applicable zoning district and Subsection C (minimum setback of tower-based WCFs) above, the setbacks of the parent tract perimeter boundaries shall apply.
E.
Evidence of need for towers.
(1)
It is required that the applicant for the placement of a tower-based WCF shall submit to the Township evidence of the need for the tower-based WCF in the proposed location and that the applicant has exhausted all alternatives to locate on an existing tower or structure.
(2)
An applicant for a tower-based WCF, where the new tower is to exceed 40 feet in height, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area.
(3)
In addition, the applicant must demonstrate via written evidence from a qualified, licensed and professional engineer that, in terms of location and construction, there are not existing towers, tower-based WCFs, buildings, structures, elevated tanks or similar uses able to provide the platform for the telecommunications antenna within a one-mile radius of the chosen location. Co-location is not possible if:
(a)
Coverage diagrams and technical reports demonstrate that co-location on tower-based WCFs is not technically possible in order to serve the need; and planned equipment would exceed the structural capacity of existing tower-based WCFs within the municipality, considering existing and planned use of the tower-based WCFs, and existing tower-based WCFs cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost; or
(b)
Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for that tower-based WCF, and the interference cannot be prevented at a reasonable cost; or
(c)
Existing or approved tower-based WCFs do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; or
(d)
Other reasons make it impractical to place the equipment planned by the applicant on existing and approved tower-based WCFs.
F.
WCFs (shared location). WCFs may be attached to any building or structure in all zoning districts, including but not limited to a church, a municipal building or facility, an agricultural building, a building owned by a utility, a tower-based WCF, a water tank, and major electrical transmission lines, pursuant to the following:
§ 255-84 Design and construction of WCFs, generally.
A.
All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed, and/or replaced in strict compliance with all current applicable federal and state technical and safety codes.
B.
All federal, state, and municipal environmental regulations regarding the placement of telecommunications facilities must be followed in the design, review, and construction processes.
C.
Telecommunications facilities shall be fully automated and unattended on a daily basis. The site shall be visited only for necessary maintenance.
D.
Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.
E.
All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.
F.
All WCFs shall include a posted sign at the location of the WCF. Such signage shall include the ownership, contact name, emergency telephone number and FCC registration number (if applicable). Such signage shall not include commercial advertising. The signage shall be subject to approval by the municipality.
G.
All WCFs shall be operated and maintained so as to not produce noise in excess of applicable noise standards established by the municipality. The use of a backup generator in emergency situations and periodic maintenance and testing by the technicians of the wireless communications provider shall be permitted where such noise standards may be exceeded on a temporary basis.
H.
All WCFs shall employ the most current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.
§ 255-85 Design and construction of tower-based WCFs.
A.
Any proposed tower-based WCF shall be designed structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional future users if the tower is over 100 feet in height, or for at least one additional future user if the tower is over 40 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. As a condition of approval for all tower-based WCFs where the tower is more than 40 feet in height, the applicant shall agree to allow other service providers to co-locate antennas on the tower where technically and economically feasible.
B.
The tower-based WCF shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-F Manual, as amended.
C.
A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-F Manual, as amended, shall be submitted to the municipality to document and verify design specifications of the foundation for the tower-based WCF and anchors for the guy wires if used.
D.
Tower-based WCF shall be designed and constructed to withstand wind gusts of at least 100 miles per hour.
E.
A tower-based WCF may not be located on a lot that is listed on an historic register or in an officially designated state or federal historic district.
F.
The applicant shall present documentation that the tower-based WCF is designed in accordance with all applicable state and federal regulations.
G.
Guy wires, if utilized, must be anchored no closer than 25 feet from any property line. Guy wires shall not cross or encroach on any utility rights-of-way and shall not cross property lines.
H.
The applicant shall provide, upon request, a statement from a qualified, licensed and professional engineer that the NIER (nonionizing electromagnetic radiation) emitted from the tower-based WCF, when measured in conjunction with the emissions from all communication facilities on the tower, does not result in an exposure at any point on or outside such facility which exceeds the lowest applicable exposure standards established by the Federal Communications Commission (FCC) or the American National Standards Institute (ANSI).
I.
No tower-based WCF may use artificial lighting or strobe lighting at night except as required by the Federal Aviation Administration. The applicant must demonstrate via written evidence from the FAA that the proposed lighting is required.
J.
Upon request, the applicant shall provide to the municipality, not more than once per year, information indicating that the approved tower-based WCF or antenna remains structurally sound. The applicant shall bear the costs of any inspection necessary to determine the structural soundness of a telecommunication tower or antenna.
§ 255-86 Fencing and screening of facilities.
A.
A security fence (including security wiring) of eight feet in height shall completely enclose the telecommunications facility. A fence of eight feet in height shall also completely enclose the anchored locations of guy wires, if used.
B.
The applicant shall submit a landscaping plan. Sites in which tower-based WCFs are located shall be required to comply with the following landscaping requirements:
(1)
A planted visual barrier or landscape screen shall be provided to a minimum depth of 15 feet along all public rights-of-way abutting the lot where the tower-based WCF is located. In keeping with the rural character of the Township, this screen shall be composed of plants and trees arranged to create a natural appearance through varying types, heights and spacing of vegetation, as well as varying terrain. Existing trees of at least four inches caliper at breast height, which are suitable to function as screening, shall be retained.
(2)
Within the landscape screen, trees shall be planted as follows:
(a)
At intervals of not less than 10 feet and not more than the tree species allows for spacing on center between trees, though not evenly spaced across the screen width, nor planted in a straight line along the screen length.
(b)
At the time of planting deciduous trees shall be at least two inches in caliper.
(c)
At the time of planting conifer or evergreen trees shall be at least five feet tall.
(3)
Within the landscape screen, shrubs shall be planted as follows:
(a)
At intervals of not more than five feet, though not evenly spaced across the screen width, nor planted in a straight line along the screen length.
(b)
At the time of planting deciduous shrubs shall not exceed 1/3 of the total shrubs planted and shall be at least two feet tall.
(c)
At the time of planting conifer or evergreen shrubs may exceed 2/3 of the total planted, and shall be at least three feet tall.
(4)
All trees and shrubs in the screen must be hardy and perennial in Halfmoon Township.
(5)
All plants not surviving three years after planting, or in perpetuity thereafter, must be replaced at the expense of the property owner.
(6)
Existing wooded areas, tree lines, and hedgerows adjacent to the facility shall be preserved and used to substitute or meet a portion of the buffer yard requirements.
§ 255-87 Access and parking.
A.
The applicant must demonstrate on the land development plan that parked vehicles at the facility will not impede traffic on the adjoining cartways.
B.
Internal access to the tower-based WCF shall be provided by a minimum twelve-foot-wide cartway with a durable and mud-free surface, such as concrete or a bituminous concrete surface, for a minimum of 50 feet from any public or private street. The length of the cartway beyond this 50 feet shall, at a minimum, be surfaced with a durable and mud-free gravel surface. The vehicular access to the telecommunications tower and telecommunications facility building shall meet the applicable municipal street standards for private streets and/or driveways.