Knowlton City Zoning Code
ARTICLE 41
1 Cellular Antennas
§ 11-329.1 Purpose.
It is the purpose of these article provisions to provide specific conditions and standards for the location and operation of cellular antennas and cellular towers within the Township of Knowlton. These article provisions recognize that there may be benefits to the construction and operation of cellular antennas and cellular towers and that state and/or federal laws and/or regulations specifically regulate aspects of such operation. These article provisions also acknowledge the need to safeguard the public good and preserve the intent and purposes of the Knowlton Township Zone Plan. These article provisions enable the location of cellular antennas and cellular towers within the Township of Knowlton in order to provide the fullest extent of communications services while simultaneously limiting the number of cellular towers to the fewest possible. These articles seek to preserve the rural, agricultural character of the Township of Knowlton and to protect its historical resources.
§ 11-329.2 Conditional use.
[Amended 11-30-2009 by Ord. No. 09-10]
A.
The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit or variance application, notwithstanding any other provision of the chapter. Jurisdiction shall rest with the Planning Board of the Township of Knowlton.
§ 11-329.3 Application procedure.
A.
All cellular antenna applications in zones in which cellular antennas are a conditional use shall be submitted to the Planning Board of Knowlton Township. All cellular antenna applications in an AR-1 or VR Zone shall be submitted to the Knowlton Township Zoning Board of Adjustment for a use variance because such use is prohibited in the AR-1 and VR Zones.
B.
The Planning Board and Zoning Board of Adjustment reserve the right to engage, at the applicant's expense, a radio frequency engineer to review the documentation submitted by the applicant in its comprehensive plan and to testify as to the engineer's findings.
C.
The applicant shall, as part of its application, prepare and submit a comprehensive plan. Each comprehensive plan shall be presented in single, bound volumes. The comprehensive plan does not supplant or supersede any other site plan submission requirements. The comprehensive plan shall contain, at a minimum, a complete presentation on each of the following topics:
(1)
Existing service. The applicant shall address whether its subscribers can receive adequate service from cellular antennas located outside of the borders of Knowlton Township.
(2)
Existing antenna locations. The applicant shall graphically depict the location of existing cellular antennas in Knowlton Township and explain how the proposed cellular antenna interacts with the existing cellular antennas.
(3)
Collocation. The applicant shall demonstrate all existing structures that are available for location of the proposed cellular antennas. In the event that the application does not utilize any existing structure and instead proposed the construction of a new cellular tower, the applicant shall demonstrate either that it is impossible to obtain similar proposed signal coverage by collocating the cellular antennas on existing structures or that no such structures are available.
(4)
Knowlton Township coverage. The applicant shall set forth its strategy for providing the fullest possible signal coverage within the borders of Knowlton Township. The applicant shall additionally demonstrate how the proposed cellular antennas advance its strategy for fullest possible signal coverage within the borders of Knowlton Township.
(5)
Emissions standards. The applicant shall set forth the applicable emission standards set by the Federal Communications Commission and all other applicable technical requirements of other federal and/or state governmental agencies with appropriate jurisdiction. The applicant shall demonstrate that the proposed cellular antennas meet all such technical emission standards.
(6)
Actual emissions. The applicant shall submit a full report of aggregate emissions of its own cellular antennas and of all other cellular antennas located on the same structure once the proposed cellular antennas are in operation.
(7)
Municipal property preference. The applicant shall demonstrate whether the proposed cellular antennas can be located on municipally owned property.
(8)
Architectural harmony. The applicant shall demonstrate how its proposed cellular antennas and/or cellular towers are designed to blend in with their surroundings and be as visually unintrusive and as inconspicuous as possible.
(9)
Written notice to other service providers. The applicant shall supply copies of correspondence to all other owners and/or operators and/or providers of cellular antennas, wireless communication services and/or cellular towers regarding inquiry as to availability of existing cellular tower space and whether the construction of an additional cellular tower is required.
(10)
Appearance. The applicant shall demonstrate how the proposed location of the cellular tower attempts to minimize the visual prominence and solitary appearance of the cellular tower when viewed from either residential areas or from the public right-of-way.
(11)
Cellular tower design. The applicant shall demonstrate that the proposed cellular tower design is the safest and least visually intrusive design and the design most accommodating for collocation of other cellular antennas. If a monopole design is not submitted, the applicant shall demonstrate why the submitted design is superior to a monopole design.
D.
Failure of the applicant to submit a completed comprehensive plan according to the specifications set forth above shall render an application incomplete and thereby prevent hearing of the application by the appropriate board.
§ 11-329.4 Restoration and removal of cellular antennas and cellular towers.
A.
The applicant shall post a performance bond for the demolition, dismantling and removal of any cellular antenna and/or cellular tower.
B.
Every cellular antenna and cellular tower shall be demolished, removed and dismantled promptly after 180 continuous days of nonuse.
C.
The applicant and/or operator of the cellular antennas shall provide the Township with a copy of any notice or letter of intent to cease operations in the event that such a notice or letter is sent by the applicant and/or owner to the FCC.