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Chesterfield |
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Code of Ordinances |
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Code of Ordinances |
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Chapter 76. Zoning |
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Article XIII. Planned Unit Development (PUD) and Special Land Use Approval |
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76-530. Wireless communication towers. |
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(a)
Purpose and intent. It is the general purpose and intent of the township
to provide authorization for wireless communication facilities and
to retain the integrity of neighborhoods and the character, property
values and aesthetic quality of neighborhoods and the community at
large. It is the intent of the township to balance these potentially
competing interests and to fully exercise the authority granted by
law relative to the placement, construction and modification of wireless
communication facilities. It is the further purpose and intent of
this section to:
(1)
Establish predetermined districts or zones of the number, shape
and in the location considered best for the establishment of wireless
communication facilities as special land uses, subject to conformance
with applicable standards.
(2)
Recognize that reasonable operation of a wireless communication
system may require the establishment of a facility in a location which
is not within one of the predetermined districts or zones. In such
case, it has been determined that there will be greater adverse impact
upon the neighborhood and/or area, and, consequently, more stringent
standards and conditions should apply to the review, approval and
use of such a facility.
(3)
Ensure that wireless communication facilities are situated in
appropriate locations and relationships to other land uses, structures
and buildings, and limit inappropriate physical and aesthetic overcrowding
of land use activities and adverse impact upon existing population,
transportation systems, and other public services and facility needs
by regulating and limiting the establishment, placement and manner
of wireless communication facilities.
(4)
Facilitate adequate and efficient provision of sites for wireless
communication facilities.
(5)
Promote the public health, safety and welfare.
(6)
Provide for adequate public information about private plans
for wireless communication facilities, and allow the township to efficiently
plan for the location of such facilities.
(7)
Minimize the adverse impacts of technological obsolescence of
such facilities, including timely removal of facilities.
(8)
Minimize the adverse impacts from the presence of relatively
tall towers having low architectural and other aesthetic appeal to
most persons, recognizing that the absence of regulation would result
in a material impediment to the maintenance and promotion of property
values, and further recognizing that this economic component is an
important part of the public health, safety and welfare.
(9)
Minimize the negative visual impact of wireless communication
facilities on neighborhoods, community landmarks, historic sites and
buildings, natural beauty areas, and public rights-of-way. This contemplates
the use of as few structures as reasonably feasible and the use of
structures which are designed for compatibility, including the avoidance
of lattice structures that are unnecessary, taking into consideration
the purposes and intent of this section.
(b)
General provisions. Wireless communication towers, including their
respective transmission towers, relay and/or receiving antennas, and
normal accessory facilities involved in television, radio, microwave,
cable systems, cellular, personal communication, and similar communication
services and facilities, shall be permitted as a special land use
in the light and general manufacturing districts and in the recreation
district, when found to be essential or desirable to the public convenience
or welfare and in conformance with the following requirements:
(1)
A written explanation of the design characteristics and ability
of the structure and attendant facilities to withstand winds, ice
and other naturally occurring hazards shall be submitted. This information
shall address the potential for the tower or other mounting structure
and/or antennas to topple over or collapse, and what tower configuration
should be expected in such an event. Technical documentation of any
information regarding these concerns shall be provided.
(2)
The applicant shall demonstrate the need for the facility, as
proposed, based on the following factors:
a.
Proximity to an interstate or major thoroughfare or area of
population or business concentration that cannot be serviced by existing
towers or structures through co-location.
b.
Areas where signal interference has occurred due to tall buildings,
masses of trees or other obstructions.
c.
Other reasons creating the facility need.
(3)
In order to maximize the efficiency of providing such services,
while minimizing the negative impact of such facilities on the township,
co-location of such facilities on an existing tower or other existing
structure is required, when feasible. An applicant shall furnish written
documentation as to why a co-location at another site is not feasible
and whether they have contacted the owners of existing facilities
to determine if co-location is possible. If the application represents
a new tower/antenna facility, the applicant shall provide a letter
of intent to lease any excess space on a tower facility and shall
commit itself to:
a.
Promptly respond to any requests for information from a potential
co-user of their tower/antenna;
b.
Negotiate in good faith and allow for leased, shared use of
the facility, when it is technically practical; and
c.
Make no more than a reasonable charge for a shared use lease.
(4)
The location and improvement of facilities, as provided for
in this section, shall be subject to the following additional requirements:
a.
Towers may be located in the M-1, M-2 and RD districts after
special land use approval, and provided the location of such facilities
do not represent a hazard to the use and/or development of other uses
on the site and in the area. Tower locations within a commercial district
may be considered as a special land use when they are located adjacent
to an industrial district or an unbuildable area, such as a wetland
or floodplain, or are so located on the commercial site as to not
adversely effect the commercial development area or any neighboring
residential areas. The development of new towers is specifically prohibited
in all other districts in the township. The township strongly encourages
the development of necessary towers on suitable township-owned property.
Consultation with the township planning department with regard to
township property locations shall be accomplished prior to submitting
an application.
b.
The site shall be of such size and shape that the proposed tower
facility may be developed in compliance with all requirements of the
township. Such tower/antenna shall not exceed 175 feet in height above
the average grade around the structure it is mounted upon.
c.
The township encourages innovative designs and utility pole
camouflage as practical solutions for minimizing the visual pollution
impact on residential neighborhoods or the motoring public. Monopole
(stealth or equivalent type) antenna structures shall be required
where they are technologically feasible.
d.
The tower site shall be landscaped in an aesthetically pleasing
and functional manner. The tower base, accessory buildings and protective
fencing shall be screened from the view of any public right-of-way
and/or adjacent properties by an obscuring greenbelt. Landscaping
shall also be incorporated along access drives servicing the tower
site.
e.
Setback requirements shall be determined in relation to the
tower/antenna design and collapse data previously required in this
section. Minimum setback requirements, unless otherwise provided for,
shall be as follows:
1.
When adjacent to nonresidential zoning districts, the setback
shall not be less than the overall height of the tower/antennas. This
setback requirement shall also apply to any accessory buildings. If
the design and collapse data for the tower properly documents its
ability to collapse down upon itself, the setback requirements to
any side or rear yard property line abutting a nonresidential zoning
district may be reduced to no less than 50 feet. In no instance shall
any tower facility be located within a front yard. Accessory buildings
shall be screened from view by an obscuring greenbelt.
2.
When adjacent to any residential zoning district, the tower
setback shall not be less than the overall height of the tower/antennas,
plus 50 feet. This setback shall apply to all accessory buildings.
No tower shall be located on a front yard.
3.
Further modifications to the side and rear yard setbacks may
be considered if the adjacent property is unbuildable due to wetlands,
floodplains or other significant limitations, and if no adverse effects
on reasonable development patterns in the area would be created by
developing the tower.
(5)
All structures, buildings and required improvements shall comply
with all other applicable codes and ordinances and shall be continuously
maintained in a safe, healthful and complying condition. The permit
shall include a requirement for structural and safety inspections
and reports every five years, as required by the township building
administrator.
(6)
The applicant shall submit a letter agreeing that should any
tower/antenna facility, approved under this section, cease to be used
for its approved use, such tower/antenna facility shall be removed
from the site within 180 days of such cessation. Removal of the tower/antenna
and its accessory use facilities shall include removing the top four
feet of the caisson upon which the tower is located and covering the
remaining portion with top soil. The letter of agreement may include
a financial guarantee, if deemed appropriate by the township planning
commission, to ensure removal of any or all of the facilities approved
under the special use permit. Any such agreement, including any financial
guarantee, shall be in a form acceptable to the township attorney.
The financial guarantee may also include a provision for periodic
adjustments to reflect changes in the Consumer Price Index or other
established and accepted price indexes.
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| Ord. No. 110-21, § 1(13.49), eff. 1-20-1999 |