Hardwick Township City Zoning Code
ARTICLE X
Communications Towers and Antennas
§ 13-106 WIRELESS ANTENNAS FOR TELEPHONE, RADIO, PAGING AND/OR TELEVISION COMMUNICATION. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 98-9 and 99-1.
§ 13-106.1 Purpose.
[Ord. No. 2001-10 § 4]
It is the purpose of this section to provide specific zoning conditions and standards for the location and operation of wireless antennas for telephone, radio, paging and other personal communication services and/or television communication within the Township of Hardwick. These provisions acknowledge that there may be inherent benefits that can be derived from the construction and operation of such antennas and the towers on which they are located. These provisions further acknowledge the need to safeguard the public good and preserve the intent and the purposes of the Hardwick Township zone plan.
§ 13-106.2 Objectives.
[Ord. No. 2001-10 § 4]
The overall objective of these provisions is to enable the location of necessary wireless antennas within Hardwick Township which have been determined by the Courts to be inherently beneficial in order to provide the fullest extent of wireless communication services while simultaneously limiting the number of supporting towers to the fewest possible. In acknowledgment that more than one (1) service carrier may have the right to provide communication services utilizing wireless antennas within the Township of Hardwick, it is an objective of these provisions that as many of the different service carriers as possible collocate their wireless antennas on the same tower in order to limit the total number of such towers within the Township of Hardwick to the fewest possible. In addition, these ordinance provisions seek to preserve the rural, agricultural character of the Township and to protect the Township's historical resources.
§ 13-106.3 Overall Comprehensive Plan.
[Ord. No. 2001-10 § 4]
In order to provide proper evidence that any proposed location of wireless antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township of Hardwick at the time full service is provided by the applicant throughout the Township, the applicant shall submit a Comprehensive Plan. Said Comprehensive Plan shall indicate how the applicant proposes to provide full service throughout the Township of Hardwick and, to the greatest extent possible, said Comprehensive Plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of wireless communication services within the Township of Hardwick. The Comprehensive Plan does not supplant or supersede any requirements for a site plan. Summarily, the Comprehensive Plan shall indicate the following:
a.
Whether the applicant's subscribers can receive adequate service from wireless antennas located outside of the borders of the Township of Hardwick;
b.
How the proposed location and propagation patterns of the proposed wireless antennas are necessary to the location of any existing towers within and/or near the Township of Hardwick;
c.
How the proposed location and propagation patterns of the proposed wireless antennas are necessary to the anticipated need for additional wireless antennas and supporting towers within and/or near the Township of Hardwick by both the applicant and by other providers of wireless communication services within the Township of Hardwick;
d.
How the proposed location of the wireless antennas relates to the objective of collocating the wireless antennas of different service carriers on the same tower;
e.
How the proposed location of the wireless antennas relates to the overall objective of providing full wireless communication services within the Township of Hardwick while, at the same time, limiting the number of towers to the fewest possible;
f.
Whether the proposed wireless antennas meet all technical emission standards set by the Federal Communications Commission and other applicable technical requirements of State and/or Federal governmental agencies with appropriate jurisdiction;
g.
Whether the proposed location of the proposed wireless antennas complies with the requirements of the National Environmental Policy Act;
h.
Whether collocation of the proposed wireless antennas on another existing tower or structure is feasible; and
i.
Whether the proposed wireless antennas can be located on municipally owned property.
§ 13-106.3A Conditional Use; Conditions of Approval.
[Ord. No. 2011-02 § 1]
Wireless antennas for telephone, radio, paging and/or telephone communications are conditional uses and are subject to the following conditions:
a.
Overall Plan. The applicant shall submit proof that the proposed location of the wireless antennas promote the overall objective of providing full wireless communication services within Hardwick Township while limiting the number of towers to the fewest possible consistent with this objective.
b.
Location Priorities. The location of the antennas shall comply with the location priorities set forth in Subsection 13-106.4 herein.
c.
Co-Location. Co-location on an existing tower or an existing or proposed water tower, higher tension tower or existing structure within or near the Township of Hardwick while providing adequate signal coverage and service.
d.
Height. In no event shall the height of the tower exceed one hundred ninety-nine (199) feet. The applicant shall demonstrate that the total requested height of the proposed antennas and any proposed new tower is the minimum height necessary for the proposed installation to satisfactorily operate.
e.
Setbacks.
1.
If the proposed antennas will be located on an existing tower or water tower or stand pipe, no additional setbacks shall be required, other than compliance with the setbacks of the existing structure.
2.
No antenna, tower, building or structure shall be permitted within one hundred (100) feet of the right-of-way of any street or from any other existing or proposed property line or within the height of the tower whichever is greater.
f.
Structural Integrity. Any proposed tower and/or antennas shall be constructed with sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas to the Electronic Industries Association and/or the Telecommunications Industries Association standards as the same may be amended or updated. Documentary proof shall be supplied by a qualified expert. The tower or facility shall be constructed with sufficient structural capacity to support a minimum of two (2) arrays of antennas from other wireless carriers in addition to the array proposed by the applicant.
g.
Emissions. The applicant shall submit acceptable documentary evidence that the proposed wireless antennas meet all technical emission standards set by the Federal Communications Commission and other applicable technical requirements of the Federal and State governmental agencies with appropriate jurisdiction.
h.
Screening and Landscaping. The applicant shall comply with the requirements of Subsection 13-106.8b16 with respect to screening and landscaping. The object is to provide a visual screen or buffer for adjoining private properties and persons traveling on a public street.
i.
Fencing and Other Safety Devices. Any tower or other structure supporting the antennas and any building or structure enclosing related electronic equipment shall be surrounded by a fence eight (8) feet in height minimum in order to prevent unauthorized access. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access.
§ 13-106.4 Location Priorities.
[Ord. No. 2001-10 § 4]
If, according to the goals and objectives of the Comprehensive Plan, wireless antennas are needed, said wireless antennas shall be located in accordance with the following prioritized locations:
a.
The first priority shall be an existing tower or an existing or proposed water tower, high tension tower or existing structure within or near the Township of Hardwick.
b.
The second priority location shall be on lands owned by the Township of Hardwick.
c.
In no case shall wireless antennas for telephone, radio, paging and/or television communication be located within a street right-of-way or within one hundred (100) feet thereof.
§ 13-106.5 Area and Setback Requirements.
[Ord. No. 2001-10 § 4]
a.
If the proposed antennas will be attached to an existing tower or to an existing or proposed water tower or water standpipe, no land area shall be required in addition to the land area upon which the existing structure is situated; or
b.
If the proposed antennas and supporting tower will be on lands owned by the Township of Hardwick the land area required shall be as approved by the Planning Board in consideration of existing site conditions and surrounding land uses and shall be subject to a lease agreement between the applicant and the Township of Hardwick; or
c.
If the proposed antennas and proposed new supporting tower will be on lands not owned by the Township of Hardwick the following minimum requirements shall be met:
1.
The proposed antennas and proposed supporting tower and ancillary building enclosing related electronic equipment shall be located on a lot at least five (5) acres in area and sited as near as possible to the center of the property to lessen the impact of the tower on surrounding properties;
2.
Building envelopes shall be selected which do not include the crests of hills; and
3.
Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a one hundred (100) foot setback distance, or the height of the tower, whichever is greater, from any street line or any other existing or proposed property line.
§ 13-106.6 Maximum Height.
[Ord. No. 2001-10 § 4]
The applicant shall demonstrate that the total requested height of the proposed cellular antenna and any proposed new tower is the minimum height necessary for the proposed installation to satisfactorily operate. In no event shall the height of the tower exceed one hundred ninety-nine (199) feet.
§ 13-106.7 Restoration Provisions.
[Ord. No. 2001-10 § 4]
The applicant shall provide a performance bond and/or other assurances satisfactory to the Planning Board and in a form approved by the Township Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed, at no cost to the Township when the antennas are no longer operative. The applicant and/or operator of the wireless antennas shall provide the Township with a notice or letter of intent to cease operations. The applicant shall be responsible for prompt demolition and removal of the unused tower.
Any communication facility not used for its intended and approved purpose for a period of six (6) months shall be considered "no longer operative" and shall be removed by the applicant or their assigns within sixty (60) days thereof.
§ 13-106.8 Site Plan Submission and Approval Requirements.
[Ord. No. 2011-02 § 2]
a.
Wireless antennas for telephone, radio, paging and/or television communication shall require major site plan review and approval in accordance with § 13-86 of this chapter; and
b.
In addition to the applicable documentation and items of information required for major site plans in § 13-86 of this chapter and on the related check list, the following additional documentation and items of information specific to wireless antennas for telephone, radio, paging and/or television communication are required to be submitted to the Planning Board for review and approval as part of the site plan submission:
1.
Documentation by a qualified expert regarding the capacity of the proposed tower for the number and type of antennas;
2.
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
3.
A letter of intent by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication services; and
4.
A visual sight distance analysis graphically simulating the appearance of any proposed tower and indicating its view from at least the five (5) locations around and within one (1) mile of the proposed tower where the tower will be most visible.
5.
Radio frequency engineers report explaining the propagation study.
6.
Any proposed building enclosing related electronic equipment shall not be more than fifteen (15) feet in height nor more than six hundred (600) square feet in area, and only one (1) such building shall be permitted on the lot for each provider of wireless communication services located on the site.
7.
Any proposed new tower shall be a monopole utilizing stealth tower technology unless the applicant can demonstrate, and the Planning Board agrees, that a different type pole is necessary for the collocation of additional antennas on the tower.
8.
No antenna shall be located on any tower in order to provide non-wireless telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary. No dish or microwave antennas and/or technology is intended to be authorized by this section.
9.
All proposed antennas, any proposed new tower and any proposed building enclosing related electronic equipment shall be colored to best blend with the surroundings, including any sight vistas.
10.
No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.
11.
No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:
(a)
The building enclosing electronic equipment may have one (1) light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building; and
(b)
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
12.
All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site.
13.
Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
14.
All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additionally, any tower supporting the wireless antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six (6) feet and eight (8) feet high. The fence shall be bordered by a single row of evergreen conifers, at least eight (8) feet tall at time of planting and planted four (4) feet on center.
15.
Additional safety devices shall be permitted as needed and as approved by the Planning Board.
16.
Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least twenty (20) feet deep shall be provided in accordance with the following:
(a)
The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding residential properties to the maximum extent possible; and
(b)
Any newly planted evergreen trees shall be at least eight (8) feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of two (2) inches at time of planting.
17.
Structural Integrity. Any proposed tower and/or antennas shall be constructed with sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas to the Electronic Industries Association and/or the Telecommunications Industries Association standards as the same may be amended or updated. Documentary proof shall be supplied by a qualified expert. The tower or facility shall be constructed with sufficient structural capacity to support a minimum of two (2) arrays of antennas from other wireless carriers in addition to the array proposed by the applicant.
§ 13-106.9 Other Requirements.
[Ord. No. 2001-10 § 4]
All other applicable requirements of this section not contrary to the specific conditions and standard specified herein shall be met but waivers and/or variances of such other applicable requirements of this section may be granted by the Planning Board.