The purpose of this chapter and the standards established hereunder is to govern the use, construction and facilities siting of towers, cellular and wireless towers, facilities and equipment, so as:

   (a)   To accommodate the need for wireless communications, cellular communications and personal communications service towers, cellular and wireless towers, facilities and equipment while regulating their location and number in Lower Chichester Township;

   (b)   To minimize adverse visual effects of towers, cellular and wireless towers, facilities and equipment through careful design, siting and vegetative screening;

   (c)   To avoid potential damage to adjacent properties from antenna support structure failure and falling ice and debris through engineering and careful siting of antenna support structures; and

   (d)   To maximize the use of any new or existing antenna support structures or other tall structure(s) so as to reduce the number of antenna support structures needed in the future.

(Ord. 2004-02.  Passed 7-19-04.)

   The following terms, used in this chapter, shall be interpreted as follows:

   (a)   "Antenna" means any device or mechanism used in the collection, transmitting, routing or receiving of telecommunications transmissions, radio signals or radio frequency energy, including, but not limited to, use by or in the provision of wireless communications, cellular communications and personal communications services.

   (b)   "Antenna height" means the vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto.  If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

   (c)   "Antenna support structure" means any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it, an antenna or antennae.

   (d)   "Cell site" means a tract or parcel of land that contains the wireless, cellular or personal communications service antenna, its antenna support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to providing wireless communications, cellular communications or personal communications services.

   (e)   "Tower" means any pole, telescoping mast, monopole, tower, tripod, or any other like structure to be erected within the Township.

   (f)   "Towers, cellular and wireless towers, facilities and equipment" includes but is not limited to antenna, antenna support structures and cell sites.

(Ord. 2004-02.  Passed 7-19-04.)

   A cell site is a permitted use, by right, in the following zoning districts or in conjunction with the following uses and no other:

   (a)   LI, Light Industrial District; and

   (b)   Any parcel used exclusively as a Municipal use.

(Ord. 2004-02.  Passed 7-19-04.)

   (a)   A cell site with antenna that is attached to an existing wireless communications, cellular communications or personal communications services tower, smoke stack, water tower, or other similar tall structure, together with any antenna support structure shall not exceed the height of the existing structure by more than fifteen feet.

   (b)   A cell site with antenna that is not mounted on an existing antenna support structure, shall not have an antenna height or tower height in excess of 150 feet.

   (c)   All other uses ancillary to the towers, cellular and wireless tower, facilities and equipment (including but not limited to a maintenance depot, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located. Such other ancillary uses shall not be considered accessory uses.

   (d)   Setbacks from the base of any new antenna support structure to be constructed (as opposed to mounting the antenna on an existing structure), shall be a minimum distance of 300 feet from the base of the support structure or any guy wire anchors and any property line or right-of-way.

   (e)   Any provisions of the zoning ordinance or any other Township ordinance which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this section, and shall apply to the proposed tower, cellular and wireless tower, facilities and equipment.

(Ord. 2004-02.  Passed 7-19-04.)

   The following standards of approval shall apply to all towers, cellular and wireless towers, facilities and equipment.

   (a)   The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be located where proposed in order to satisfy its function in the applicant's grid system.

   (b)   If the applicant proposes to build an antenna support structure, applicant shall provide written evidence that it first contacted the owners of tall structures within a one-quarter mile radius from the proposed cell site, requested permission to install the antenna on those structures, and was denied for reason other than economic ones.  Tall structures shall include, but not limited to, smoke stacks, water towers, buildings in excess of six stories, antenna support structures of other wireless communications, cellular communications and personal communications service providers, other communications towers (fire, police, etc.), and other similar tall structures.

   (c)   The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily.  No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of wireless, cellular or personal communications services has already agreed to co-locate on the applicant's antenna support structure at a greater height than is required by the applicant.

   (d)   The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and the surrounding properties will not be negatively affected by antenna support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference.  All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

   (e)   In order to reduce the number of antenna support structures needed in the Township in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other wireless communication cellular communications and personal communication service providers companies, and local police, fire and ambulance companies.  Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.

   (f)   The applicants must demonstrate that it is licensed by the Federal Communication Commission, to provide wireless communications, cellular communications and or personal communications services.

(Ord. 2004-02.  Passed 7-19-04.)

   (a)   Existing vegetation shall be preserved to the maximum extent possible.

   (b)   Landscaping shall be required to screen and buffer as much of the towers, cellular and wireless towers, facilities and equipment as possible, the fence surrounding the towers, cellular and wireless towers, facilities and equipment, and any other ground level features of the cell site, from the abutting properties.

   (c)   Where the cell site abuts residentially developed land, residential zoning districts, public land or streets, the cell site perimeter shall be landscaped with at least one row of deciduous trees, not less than three and one-half inches in caliper, spaced not more than thirty feet apart, on center, and within twenty-five feet of the cell site boundary, as well as at least one row of evergreen trees or shrubs, at least fourteen feet high when planted and spaced not more than fifteen feet apart and within forty feet of the cell site boundary.  Alternatives such as walls or solid fences constructed of wood or stone, of at least eight feet in height may be permitted by the Board of Commissioners based on security or other reasons.

   (d)   Antenna support structures shall be painted gray or have a galvanized finish retained, in order to reduce the visual impact.  Notwithstanding the foregoing, all antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structures may be lighted except when required by the FAA.

(Ord. 2004-02.  Passed 7-19-04.)

   A security fence shall be required around the cell site, unless the antenna is mounted on an existing structure.  The security fence shall be a minimum of eight feet in height and shall otherwise comply with the regulations set forth in Section 1290.07, et seq.

(Ord. 2004-02.  Passed 7-19-04.)

   If the cell site is fully automated, adequate parking shall be required for maintenance workers, with a minimum of two parking spaces provided.  If the cell site is not automated, the number of required parking spaces shall equal the number of people present at the cell site on the largest shift.

(Ord. 2004-02.  Passed 7-19-04.)

   A site plan at a scale of one inch equals fifty inches shall be required for all cell sites, showing the antenna, antenna support structures, building, fencing, buffering and ingress and egress.  The site plan shall comply with the Township Subdivision and Land Development Ordinance, as amended.

(Ord. 2004-02.  Passed 7-19-04.)

   The cell site shall be maintained and kept in good repair as required by Federal Law H.R. 6180/s. 2882, the Telecommunications Authorization Act of 1992 including amendments to Sections 303(q) and 503(b)(5) of the Communications Act of 1934, and all Township ordinances not inconsistent therewith.

(Ord. 2004-02.  Passed 7-19-04.)

   It being the finding of the Township Board of Commissioners, that antenna and antenna support structures which have been abandoned present a danger to the health, safety and welfare of the general public, all abandoned structures shall be removed from any cell site not more than one year after abandonment.  The cell site owner shall be responsible for any demolition costs related to the antenna and antenna support structures.

(Ord. 2004-02.  Passed 7-19-04.)