The Township Manager shall establish and maintain an official
Township map showing the location of all existing conforming and nonconforming
communications towers in the Township, including Township property
and facilities, as well as the search rings of all Township antenna
arrays, which map shall be known as the "Township Communication Tower
Map."
Communications towers, including but not limited to antennas,
antenna arrays, communications facilities, power-mounted/shared-use
communications facilities, co-location/shared-use communications facilities
or telecommunications equipment buildings as defined herein, and their
associated structures, may be located on Township property and on
Township facilities in any zoning district if authorized by the Board
and shall be permitted as a conditional use in C Cemetery Districts,
GC General Commercial Districts and I Industrial Districts of Shaler
Township, provided the applicant demonstrates by competent evidence
that the communications tower or communications facility cannot be
reasonably co-located on another communications tower in a C Cemetery,
GC General Commercial, I Industrial or other zoning district inside
or outside the Township.
Communications towers and communications facilities shall be
permitted as a conditional use in the Township, provided the Board
finds that no existing or planned communications tower can reasonably
accommodate the applicant's proposed antenna or other equipment as
described herein. As a prerequisite to such finding, the applicant
shall comply with the following co-location and sharing requirements
and procedures:
A.
Prior to submitting a conditional use application, the applicant
shall contact the owners of all existing or planned communications
towers, as well as suitable building-mounted sites in the Township
of a height approximately equal to or greater than the height of the
communications tower proposed by the applicant located in a C Cemetery,
GC General Commercial, I Industrial or other zoning district. A list
shall be provided by the applicant to the Township of all such owners
contacted, the date of such contact, as well as the form and content
of such contact in order to obtain tower sharing.
B.
Such contacts shall be made prior to the filing of the conditional
use approval so as to allow for inclusion of the responses into the
application when filed. Failure of a listed owner to respond shall
not be relevant to the filing of an application if a timely, good
faith effort was made to obtain co-location or tower sharing. However,
where an existing or planned communications tower is known to have
capacity for additional antennas of the type proposed, based upon
a prior decision regarding such communications tower, a response concerning
co-location is required as a condition for approval of the conditional
use. The Township shall maintain and provide, on request, records
of responses from each owner.
C.
The applicant shall request the following information for co-location
from each owner contacted:
(1)
Identification of the site by location, existing uses and communications
tower height.
(2)
Whether the existing or planned communications tower can structurally
accommodate the antenna proposed by the applicant without requiring
that structural changes be made to the existing or planned communications
tower.
(3)
Whether the existing or planned communications tower can structurally
accommodate the proposed antenna if structural changes are made, not
including totally rebuilding the existing or planned communications
tower. If so, the owner shall specify in general terms what structural
changes would be required.
(4)
If structurally able, would shared-use by such existing or planned
communications tower be precluded for reasons related to RFI. If so,
the owner shall describe in general terms what changes in either the
existing or proposed antenna would be required to accommodate the
proposed communications tower, if at all.
D.
Shared-use or co-location shall not be precluded simply because a
reasonable fee for shared-use is charged or because of reasonable
cost necessary to adapt the existing and proposed uses to a shared
communications tower. Expert testimony may be considered to determine
whether the fee and costs are reasonable. Costs exceeding new communications
tower construction and the cost of ground rental or acquisition are
presumed unreasonable.
E.
Prior to granting a conditional use application for a communications
tower, the applicant shall agree:
All conditional use applications for communications towers and
facilities shall comply with the following requirements:
A.
The applicant shall submit a copy of its FCC license with its conditional
use application. Any grant of conditional use hereunder shall cease
automatically if the applicant's FCC license expires, lapses or is
revoked.
B.
The applicant shall submit certified documentation with its conditional
use application for a communications tower, verifying that the communications
tower or equipment cannot be co-located, accommodated or installed
on an existing or already approved communications tower or communications
facility or an existing electric transmission tower, inside or outside
the Township. The documentation shall certify that there is no existing
facility or structure available which would reasonably accommodate
the proposed communications tower or communications needs of the applicant.
Structure availability shall be measured in terms of physical availability,
legal availability and economic availability. The applicant shall
demonstrate to the reasonable satisfaction of the Board what measures
were taken to identify existing facilities and structures as well
as what measures were taken to secure the right to use such facilities
or structures. The foregoing shall apply to property within and without
the Township which would reasonably accommodate the service area requirements
of the applicant.
C.
The applicant shall submit with its conditional use application,
a communications tower site plan or survey of the property certified
by an engineer or architect.
D.
The applicant shall submit with its conditional use application,
a report by a certified engineer documenting the following:
(1)
A proposed search ring shown on the official Township Communication
Tower Map.
(2)
Communications tower height and design, including technical, engineering,
economic and other pertinent factors governing selection of the proposed
design. A cross section of the communications tower shall be included.
(3)
Total anticipated capacity of the site, including number and types
of antennas which can be accommodated.
(4)
Evidence of structural integrity of the communications tower structure
meeting the TIA/EIA-222-F standard.
(5)
Failure characteristics of the communications tower and demonstration
that the site and setbacks are of adequate size to accommodate debris.
(6)
All load hazards and mitigation measures which have been employed,
including but not limited to increased setbacks and/or deicing equipment.
(7)
Specific design and construction plans indicating the means by which
shared-use requirements shall be met.
(8)
A geotechnical report by a certified soils engineer certifying the
subsurface soil conditions of the tower site.
(9)
A verified report and/or statement by a radio frequency (RF) engineer
certifying that the proposed tower, facilities and antenna transmissions
have been reviewed and that the aggregate exposure from all transmissions
co-located on a single tower will not exceed the maximum allowed under
any federal or state law or regulation. The report should identify
the total of all current RF exposures, the maximum permitted RF exposure
in the aggregate, the exact extent to which the applicant's transmission
will add to the co-location if permitted, and the amount of remaining
exposure before the maximum is exceeded.
E.
Environmental impact statement. An environmental impact statement
shall be submitted with any conditional use application for a communications
tower, describing the effects the proposed communications tower and
related equipment will have on the environment and surrounding area,
including, but not limited to, the effects on human health, views,
air traffic, migrating birds and other environmental impacts.
F.
The applicant shall submit to the Township with its conditional use
application an independent site analysis and engineering report, including
studies, plans and calculations, prepared by a registered engineer,
documenting proper tower design, proper communications tower site
and corroborating that the communications tower or equipment cannot
be co-located, accommodated or installed on an existing or already
approved communications tower or other existing facility such as an
electric transmission tower, stadium light pole or water tank in C
Cemetery, GC General Commercial, I Industrial or other zoning district,
as well as documenting the proper location of foundations and anchoring
devices.
G.
The applicant shall submit with its conditional use application written
documentation that there exists a sufficient easement or right-of-way
to allow vehicular access to the communications tower site. The access
shall be a minimum width of 20 feet and shall be adequate to permit
emergency vehicles access to the communications facility and shall
be constructed of dust-free all-weather surface. The right-of-way
or easement shall be maintained by the landowner, the owner of the
right-of-way or easement or the lessee.
H.
The conditional use application shall demonstrate to the reasonable
satisfaction of the Board that such use is reasonably necessary at
the proposed communications tower site for the convenience of the
people at large or for the general welfare. The documentation submitted
by the applicant shall include a map of the area to be served by the
communications tower and the relationship of the proposed communications
tower site to other communications facilities.
I.
All applicants for approval of a communications tower or communications
facility shall submit, in addition to the foregoing requirements of
this section, the following:
(1)
A statement from the FAA that the application has not been found
to be a hazard to air navigation under Part 77, Federal Aviation Regulations,
or a statement that no compliance with Part 77 is required.
(2)
A statement from the FCC that the application complies with the regulations
of the Commission or a statement that no such compliance is necessary.
(3)
Applicant's letter of intent to lease excess space on the communications
tower in conformance with the provisions for shared-use contained
in this section.
J.
Such conditional use application fee as set by resolution of the
Board.
All conditional use applications for communications towers and
facilities shall comply with the following requirements:
A.
After submitting a conditional use application for a proposed communications
tower, every applicant shall fly an all-weather balloon at the proposed
communications tower site for at least 14 days prior to the public
hearing before the Board of Commissioners on the application.
B.
The balloon shall be red and at least 18 inches in diameter.
C.
The top of the balloon shall be at the maximum proposed height of
the communications tower.
A.
Prior to the public hearing before the Board of Commissioners, the
applicant shall submit all studies, documents and testimony which
applicant wishes to be considered in connection with the conditional
use application for review and recommendation by the Township Planning
Commission.
B.
The Township Planning Commission shall require expert review by the
Township's appointed electronic consultant of the technical data submitted
by the applicant, to be paid for by the applicant.
C.
The Planning Commission expert review shall be a site-specific review
of the communications tower and communications facility. Such review
shall address the accuracy and completeness of the technical data,
the legitimacy of the analysis techniques and methodologies employed,
and the validity of the conclusions of any specific technical issues
outlined by the Planning Commission.
A.
The regulation of the placement, construction and modification of
communications towers by the Township shall not unreasonably discriminate
among providers of functionally equivalent services. [47 U.S.C. § 332(c)(7)(B)(i)(I)]
B.
The Board shall, as a condition of approval, require a schedule of
regular, periodic maintenance visits.
The erection and construction of all communications towers, antennas and communications facilities in the Township shall comply with the following requirements unless waived pursuant to § 225-77L:
A.
All communications towers shall be erected to comply with all manufacturer
requirements and accepted engineering standards, including any applicable
federal standards, and shall be designed and constructed to all applicable
standards of the American National Standards Institute, ANSI/EIA-222-E
Manual, as amended.
B.
A fence or wall not less than eight feet in height from finished
grade shall be constructed around each communications tower and around
each guy anchor and peripheral support. All structures related to
the communications tower shall be equipped with a twenty-four-hour
security system. The fence or wall shall comply with the following
standards.
(1)
Access to the tower shall be restricted and shall be through a locked
gate in the required fence or wall.
(2)
The required fencing shall consist of a masonry wall or solid fence
with trees planted along the exterior of the wall or fence or an open
fence with an evergreen screen that consists of a continuous hedge
with a minimum height of five feet with trees planted along the exterior
of the screen. Tree plantings shall consist of three-inch-minimum-caliper
deciduous or evergreen trees planted 20 feet on center maximum. Existing
vegetation shall be preserved to the maximum extent possible.
(3)
When high voltage is necessary for the operation of the communications
facility, and it is present in a ground grid or in the tower, signs
located every 20 feet and attached to the fence or wall shall display
in large bold letters the following: "HIGH VOLTAGE - DANGER."
C.
The communications tower shall be securely anchored in a fixed location
on the ground or securely attached on another structure which is in
turn securely anchored on the ground. The applicant shall provide
qualified documentary evidence that the proposed structure and any
existing structure to which the antenna is attached shall withstand
wind gusts of at least 100 miles per hour, as well as snow, ice and
other natural forces, and shall be corroborated by the independent
site analysis and engineering report prepared by a registered engineer
or architect.
D.
All lighting, other than that required by the FAA or the FCC, shall
be shielded and reflected away from adjoining properties.
E.
Other principal uses. A communications tower or communications facility
may be located on a lot occupied by another principal use of property
zoned C Cemetery District, GC General Commercial District or I Industrial
District if and only if the communications tower site meets the minimum
lot size requirements for the zoning district and if all of the other
conditions of this chapter are satisfied. No more than one communications
tower shall be permitted per lot.
F.
Township property. A communications tower or communications facility
may be located on Township property and on Township facilities in
any zoning district if authorized by the Board.
G.
Co-location and sharing. All communications towers shall be designed
to structurally accommodate the maximum number of antennas technically
practicable, but in no case less than the following:
(1)
At least one two-way radio antenna for every 10 feet of the tower,
or at least one two-way radio antenna for every 20 feet of the tower
and at least one microwave facility.
(2)
Such other combination as found by the Board to provide the maximum
possible number of foreseeable users.
(3)
Such requirements may be reduced if either:
(a)
The FCC provides a written statement that no more licenses for
those broadcast frequencies that could use the tower will be available
in the foreseeable future; or
(b)
The size of the tower required significantly exceeds the size
of the existing towers in the area and would therefore create an unusually
onerous visual impact that would dominate and alter the visual character
of the area when compared to the impact of other existing towers.
This provision is only to be applied in unusual circumstances not
resulting from the applicant's action or site selection, unless no
other site is possible.
H.
In addition to meeting the setback requirements of the zoning district,
no communications towers shall be located closer than the following
distances from any property line as measured from the base of the
communications tower:
(1)
A distance of 100% of the tower height from any property line; or
(2)
The maximum collapsible fall radius of the communications tower as
specified by a registered engineer. Any guy anchor shall be located
a minimum of 25 feet from any property line and additionally must
meet the minimum yard and building setback requirements of the zoning
district in which it is located.
I.
The width of the base of the communications tower shall be no more
than 10 feet at ground level. At 30 feet (if not the top), the maximum
width shall be six feet. At the top, the maximum width shall be 18
inches. No signs or other structures, devices or other items shall
be placed on the communications tower except as specifically approved.
J.
The communications tower may exceed the height limit of the zoning
district in which it is located, provided it is demonstrated to the
Board that such height is necessary and essential for the proper functioning
of the concerned communications tower and facilities.
K.
All communications towers shall be camouflaged towers or camouflaged
antennas.
L.
Waiver of certain requirements. All camouflaged towers and camouflaged
antennas shall comply with all requirements of this article. However,
the Board may waive the requirements of the foregoing provisions of
the foregoing subsections where the applicant can demonstrate to the
satisfaction of the Board of Commissioners that the requirement is
not necessary to protect the health, safety and welfare:
M.
Height of communications tower. The applicant shall demonstrate to
the reasonable satisfaction of the Board that the height of the top
of the communications tower is the lesser of:
(1)
One hundred twenty-five feet above ground level; or
(2)
The minimum necessary to serve the service area requirements of the
applicant. If the applicant is applying for height in addition to
its own requirements, the applicant shall submit agreements including
reasonable details regarding the use of the additional height and
the facilities to be placed on the communications tower. However,
the maximum height of the communications tower shall not at any time
exceed 200 feet. No equipment mounted or attached to the communications
tower shall exceed this two-hundred-foot maximum height.
N.
Adverse effects on property values. No communications tower shall
adversely affect property values in the neighborhood (and, in particular,
the value of any abutting property) by more than 10%.
O.
Danger to health or safety. No communications tower or its operation
shall endanger the health, safety or welfare of the public, and specifically,
the applicant shall prove that the communications tower, its operation
and the expected output frequency, modulation, radiated power, etc.,
shall not cause health problems or violate any applicable federal
regulation.
P.
Encroachment. No communications tower shall encroach into or through
any established public or private airport approach path as established
by the FAA.
Q.
Parking. A minimum of two off-street parking spaces shall be provided
at each communications tower site plus one additional off-street parking
space for each on-site employee.
R.
Existing vegetation on the site shall be preserved to the maximum
extent possible.
S.
Communications facilities shall be fully automated and unattended
on a daily basis and shall be required to be visited only for periodic
maintenance.
T.
All utilities servicing the communications tower facility shall be
underground.
U.
Any commercial communications antenna necessary for and clearly used
for emergency communications by a police department, fire company,
emergency medical service, and other similar public safety organization
is exempt from the requirements of this section.
V.
The conditional use applicant shall demonstrate to the reasonable
satisfaction of the Board that such use is reasonably necessary at
the proposed communications tower site for the convenience of the
people at large or for the general welfare.
W.
The conditional use applicant shall demonstrate to the reasonable
satisfaction of the Board that the communications tower or equipment
cannot be co-located, accommodated or installed on an existing or
already approved communications tower, communications facility, electric
transmission tower, stadium light pole or water tank, located in a
C Cemetery, GC General Commercial, I Industrial or other zoning district,
inside or outside the Township, as measured in terms of physical availability,
legal availability and economic availability.
X.
The applicant shall demonstrate to the reasonable satisfaction of
the Board what measures were taken to identify existing facilities
and structures as well as what measures were taken to secure the right
to use such facilities or structures. The foregoing shall apply to
property within and without the Township which would reasonably accommodate
the service area requirements of the applicant.
Y.
The applicant shall demonstrate that the proposed tower of the facility
complies with all state and federal laws and regulations concerning
aviation safety.
Z.
The applicant shall demonstrate that the operation of the communications
tower facility shall comply with all current FCC standards for nonionizing
electromagnetic radiation (NIER).
Prior to the erection or construction of a communications tower,
the owner/operator of the communications facility shall post a bond
or other security with the Township in an amount sufficient to guarantee
that all obsolete or unused communications towers and facilities shall
be removed completely within six months of cessation of use at the
sole cost and expense of the owner/operator.
A.
An annual inspection program performed by a professional engineer
and paid for by the owner of the communications tower shall be required
for all communications towers. An annual inspection report shall be
submitted to the Township by the owner of the communications tower
on June 1 of each calendar year, documenting that an inspection has
been performed on the communications tower within the previous 30
days and that the structure and surrounding site are in compliance
with the requirements of this article. Additionally, the annual inspection
report shall certify that the communications tower is securely anchored
in a fixed location on the ground and further certify that the structure
can withstand wind, storm, ice and other natural or artificial forces
required by this article. It shall further certify that the communications
tower is structurally capable of handling antennas, dishes and other
equipment mounted or attached to the communications tower.
B.
The annual inspection shall include a photograph of the communications
tower facility, showing or depicting all appendant structures, including
all antennas and antenna arrays.
The Township shall be released, indemnified and held harmless
through a policy of insurance from any and all liability arising from
the communications tower or communications facility, including but
not limited to its placement, construction and maintenance on Township-owned
property.
