North East Township Erie County
City Zoning Code
City Zoning Code
ARTICLE XI
Wireless Communications Service Facilities
§ 350-83 Purpose.
In recognition of the quasi-public nature of personal wireless service facilities, the purpose of this article is as follows:
A.
To accommodate the need of personal wireless service antennas while regulating their location and number in the Township.
B.
To minimize adverse visual impact and effects of personal wireless service antennas, antenna support structures and antenna equipment buildings through proper design, siting, and vegetative screening.
C.
To avoid potential damage to adjacent properties from potential antenna support structure failure and falling ice or debris through engineering and proper siting of antenna support structures.
D.
To encourage the joint use of any new and existing antenna support structures to reduce the number of such structures needed in the future.
E.
To encourage the joint use of any existing buildings to reduce the number of such structures needed in the future.
F.
To ensure that the location and number of personal wireless facilities are in the best interests of the health, safety, and welfare of the residents of the Township.
G.
To minimize any adverse effects of location and design of personal wireless facilities on residential property and property values.
H.
To minimize any adverse effects of location and design on future development of residential property in the Township.
§ 350-84 Definitions.
The following words and phrases when used in this article shall have the meaning given to them in this section unless the context clearly indicates otherwise:
Man-made trees, clock towers, tall steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antenna on towers.
Any structure or device used to collect or radiate electromagnetic waves, including both directional antenna (such as panels) and omnidirectional antenna (such as whips) but not including satellite earth stations and any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antenna and directional or panel antenna, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antenna or amateur radio equipment, including without limitation ham or citizen band radio antenna.
An unmanned building or cabinet containing communications equipment required for the operation of communications antenna and covering an area of ground not greater than 250 square feet.
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
Any person engaged as a common carrier for hire, in interstate or foreign communications by wire or radio, or in interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged be deemed a common carrier.
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
An antenna support structure consisting of a single pole or spire constructed without guy wires or ground anchor.
Facilities for the provision of personal wireless services.
Includes commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
A tract or parcel of land that contains a personal wireless service antenna as the principal use, its support structure, accessory building(s), parking, and may include other uses and equipment associated with and ancillary to telecommunication signal transmission or processing.
An expert hired by the Township through appropriate resolution to review applications, annual reports and other necessary tasks in relation to this chapter.
§ 350-85 Permitted use regulations.
A.
An antenna attached to a preexisting personal wireless facility, smokestack, water tower, or any other similar structure is a permitted use in all zoning districts. If the antenna is to be mounted on any such existing structure, the applicant shall be required to comply with all requirements and performance standards in the following sections.
B.
In the B-2 Industrial District, antennas, along with the antenna support structures and antenna equipment buildings, are permitted uses. Application shall comply with all requirements and performance standards in the following sections.
§ 350-86 Special exception use regulations.
A personal wireless facility with antennas, antenna support structure and antenna equipment building that is not to be mounted on a preexisting personal wireless facility, smokestack, water tower, or any other similar structure, in any B-1 Commercial District, A-2 Agricultural District, A-1 Preservation District or R-1 Rural Residential District is allowed in such zoning districts as a special exception use. The Zoning Hearing Board may grant a special exception use after a public hearing before the Zoning Hearing Board. The applicant must provide and establish the following criteria:
A.
That there is no suitable space on existing personal wireless service facilities or other personal wireless service facilities sites or on other similar structures where the intended personal wireless service facility can be accommodated and function, as required by its construction permit or license, without unreasonable modification.
B.
That there are not suitable sites in the zoning districts where a personal wireless facility is a permitted use.
C.
Presentation of technological evidence that the personal wireless facility must go where it is proposed in order to satisfy its function in the grid system and the providing of the quality of service required by law.
D.
In all zoning areas, any antenna and/or antenna support tower shall be 500 feet from any property line, excepting when the adjoining property is in a B-2 Industrial District and 1,000 feet from any dwelling. These requirements may be waived by the Zoning Hearing Board upon written consent of the owners of property within 500 feet and dwellings within 1,000 feet of the antenna or antenna support tower.
E.
The Zoning Hearing Board may authorize antennas, antenna structures and accessory buildings if the Zoning Hearing Board determines that all criteria and performance standards of this chapter and other applicable ordinances have been met and subject to such conditions as the Zoning Hearing Board shall impose.
§ 350-87 Application requirements.
All applicants are required to submit the following:
A.
Written authorization from the property owner of the proposed tower site.
B.
A site plan:
(1)
Drawn to scale of not smaller than 100 feet to one inch.
(2)
Showing the property boundaries.
(3)
Showing any tower guy wire anchors and other apparatus.
(4)
Showing existing and proposed structures.
(5)
Showing scaled elevation view of proposed structures.
(6)
Showing access road(s), location and design standard as set forth in this chapter.
(9)
Showing location and content of any signs including warning signs.
(12)
Showing land elevation contours not greater than intervals of five feet.
(13)
Showing existing land uses surrounding the site.
(14)
Showing proposed transmission building and/or other accessory uses.
(15)
Showing the proposed use.
(16)
Showing adjacent landowners names and addresses and location of all buildings on adjacent property with dimensions from antenna support structures and antenna equipment buildings.
C.
A written report or other documentary information, including:
(1)
Information describing the tower height and design.
(2)
A cross section of the structure.
(3)
Engineering specifications detailing construction of tower, base, and guy wire anchorage.
(4)
Information describing the proposed painting and lighting schemes.
(5)
Information describing the tower's capacity, including the number and type of antennas that it can accommodate.
(6)
Radio frequency coverage.
(7)
All tower structure information to be certified by a licensed professional engineer.
(8)
Personal wireless service facilities data to be certified by an engineer learned in personal wireless service facilities.
(9)
Inventory of existing antenna support structures within a four-mile radius of the proposed site and information substantiating the unavailability of such sites for co-location due to one or more of the following reasons:
(a)
Refusal by current tower owner.
(b)
Topographic limitations.
(c)
Adjacent impediments blocking transmission.
(d)
Site limitations to tower construction.
(e)
Technical limitations of the system.
(f)
Equipment exceeds structural capacity of facility or tower.
(g)
No space on existing facility or tower.
(h)
Other limiting factors rendering existing facilities or towers unusable.
(i)
An update of capacity on an existing tower.
D.
Applicant shall comply with all other applicable Township ordinances and shall be considered a developer and enter into a developer's agreement with the Township, requiring reimbursement to the Township of all expenses incurred.
§ 350-88 Performance standards.
All antennas and personal wireless facilities shall comply with the following performance standards:
A.
Alternative structures. If the applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure), the applicant is required to demonstrate that it contacted the owners of other personal wireless service facilities or other similar structures within a four-mile radius of the site proposed. This would include smokestacks, water towers, antenna support structures of other personal wireless service companies, other communications towers (fire, police, etc.), and other similar structures. The Zoning Hearing Board or Zoning Officer may deny any application to construct a new antenna support structure if the applicant has not made a good-faith effort to mount the antenna on an existing structure. A good-faith effort shall require that all owners of potentially suitable structures within a four-mile radius be contacted and the applicant demonstrates that one or more of the following reasons for not selecting such structure apply:
(1)
The proposed antenna and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or allow it to perform its function.
(4)
Addition of the proposed antenna and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not reached with the owners of such structures.
B.
Ancillary uses. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the personal wireless service facilities site unless otherwise permitted in the zoning districts in which the personal wireless service facility is located.
C.
Antenna height. The applicant shall demonstrate that the antenna support structure and antenna are the lowest height required to function satisfactorily. No antenna support structure and antenna that is taller than this minimum required height shall be approved.
D.
Maximum height. In all zoning districts, the maximum height of any antenna and antenna support structure shall be 200 feet, except where the applicant can demonstrate substantial need, which may include the ability to eliminate the need for additional towers in the Township, the maximum height shall be 250 feet.
E.
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distances between the base of the support structure or any guy wire anchors and any property line or right-of-way line shall be equal to the maximum height of the antenna and antenna support structure.
F.
Type of support structure. Except as hereinafter provided, in all cases, a monopole antenna support structure shall be required. The Zoning Hearing Board may grant use of guy wire, freestanding, or any other type of antenna support structure as a special exception use after review by the Planning Commission and a public hearing before the Zoning Hearing Board. The applicant must establish the following for such approval:
(1)
Cost of erecting a monopole would preclude the provision of adequate service to the public, or erection of a safe antenna support structure requires a type other than a monopole.
(2)
The proposed antenna structure would have the least practical adverse visual impact on the environment and closely resembles a monopole.
(3)
The proposed antenna support structure is architecturally compatible with surrounding buildings and land use through location and design and blends in with the existing characteristics of the site to the extent practical.
G.
Antenna support structure safety. The applicant shall demonstrate that the proposed antennas and antenna support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.
H.
Fencing. A fence shall be required around the antenna support structure, accessory building(s), and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of six feet in height and a maximum of eight feet in height, shall completely enclose the antenna, antenna support structure, and related facilities, shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized operations or maintenance personnel.
I.
Landscaping. The following landscaping shall be required to screen as much of the antenna support structure as possible, all required fencing, and any other ground level features (such as buildings), and in general soften the appearance of the personal wireless service facilities site. The Township may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.
(1)
The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
J.
FCC license. The applicant must demonstrate that it is licensed by the Federal Communications Commission.
K.
Required parking. The site shall provide two parking spaces.
L.
Color and lighting. Antenna support structures shall be painted in a color that best allow them to blend into the surroundings, unless otherwise required by the Federal Aviation Administration (FAA) regulations. The use of grays, blues and greens may be appropriate; however, each case should be evaluated individually. No antenna support structure may be artificially lighted except when required by the FAA. Except as hereinafter provided, in all cases, a monopole antenna support structure shall be required.
M.
Visual impact. Personal wireless service facilities shall be located and designed to result in minimal visual impact for those residents in the immediate area and for those in the larger community who view these facilities from a distance. Minimum visual impact shall include the following:
(1)
For facilities located in highly developed portions of the Township, buildings may be used to accomplish the screening noted above.
(2)
It is acknowledged that large, multi-use towers located within major use transmission areas cannot be effectively screened. In order to minimize the visual impact, such new facilities should be located in close proximity to other comparable structures. Accompanying buildings, ground-mounted antenna, and other equipment and structures should be subject to screening recommendations.
(3)
FAA requirements for coloring and lighting of towers supersede Township requirements for minimum visual impact.
(4)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
N.
As-built plans. Within 60 days of completion of the initial construction and any additional construction, applicant shall furnish two complete sets of plans, drawn to scale and certified to the Township as accurately depicting the location of personal wireless service facilities constructed pursuant to the building permit.
O.
Removal. Any antenna support structure that is no longer in use for its original communications purpose, in essence antennas that are no longer receiving transmissions, shall be removed at the owner's expense. The owner shall provide the Township with a copy of the notice to the FCC of intent to cease operations and shall be given 90 days from the date of ceasing operations to remove the obsolete antenna support structure and accessory structures. In the case of multiple operators sharing use of a single tower, the removal shall be completed 90 days after all users cease operations. The equipment on the ground is not to be removed, however, until the antenna support structure has first been dismantled and removed. The owner shall provide a performance bond or other acceptable financial security in the amount of 25% of the cost of original construction of the antenna, antenna structure and antenna equipment building for removal of the antenna and antenna support structure and antenna equipment building. The Township has the ability to increase the amount of the performance bond or other acceptable financial security by appropriate resolution of the Township Supervisors.
P.
Inspection. Beginning in December of 2001 and by December 31 of each odd-numbered year thereafter, all antenna support structures shall be inspected by an expert, who is hired by the applicant or subsequent owner and who is regularly involved in the maintenance, inspection and/or erection of antenna support structures. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures." A copy of said inspection report shall be provided to the Township. At the time said report is provided to the Township, applicant shall pay a fee for processing and review of these reports by the Township's consultant, in such amount as the Board of Supervisors shall determine from time to time and as set forth in an appropriate resolution or in an amount equal to the expenses actually incurred by the Township if no such amount has been established.
Q.
The antennas and antenna support structure shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation, Federal Communications Commission and applicable airport zoning regulations. The antenna and antenna support structure shall not be placed within one mile of a public or private airport, nor shall any antenna or antenna support structure be placed in the glide path of any public or private airport.
R.
Access shall be provided to the antennas and antenna support structure and antenna equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
S.
The applicant shall submit a copy of its current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the antenna, and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the antenna and antenna support structure and antenna equipment building, and said insurance shall be maintained at all times unless and until the antenna support structure and antenna equipment building are dismantled.