Section 21-502 An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other alternative towers or alternative technology

Section 21-503 Evidence submitted to demonstrate that no existing tower, alternative tower structure or alternative technology can accommodate the applicant's proposed antenna shall consist of all of the following:

1. No existing towers or alternative tower structures are located within the geographic area which meet applicant's engineering requirements.

2. Existing towers or alternative tower structures are not of sufficient height to meet applicant's engineering requirements.

3. Existing towers or alternative tower structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or alternative tower structures, or the antenna on the existing towers or alternative tower structures would cause interference with the applicant's proposed antenna.

5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

7. The applicant demonstrates that an alternative technolo that does not require the use of towers or alternative tower structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireless system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Section 21-504 The applicant must provide an agreement to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers.

Section 21-505 The applicant shall demonstrate that the proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources.

Section 21-506 The applicant shall demonstrate that all reasonable measures will be taken to mitigate potential adverse impacts of the facilities.

Section 21-507 The applicant shall demonstrate that the required monitoring program is in place and will be paid for by the applicant.

Section 21-508 The independent consultant shall prepare a report of the pre-testing monitoring results and submit copies to the Planning Commission, the Township Board, the Health Department, the Building Inspector and the Township Clerk.

Section 21-509 After transmission begins, the owner(s) of any personal wireless service facility(s) located on any facility site shall pay for an independent consultant, hired by the Township, to conduct testing and monitoring of EMF radiation emitted from the site.

Section 21-510 The independent consultant shall submit a report of routine annual monitoring which includes the following:

1. Reports of routine annual monitoring of emissions using actual field measurements, of radiation, utilizing the monitoring protocol.

2. This monitoring shall measure levels of EMF radiation from the facility site's primary antennas, as well as from repeaters (if any).

3. If any major modifications are made to the existing facility, or any additional permitted channels are activated, then new monitoring shall be conducted.

Section 21-511 The independent consultant shall prepare a report of the annual monitoring results and submit copies to the Planning Commission, the Township Board, the Health Department, the Building Inspector and the Township Clerk.

Section 21-512 If the monitoring of a facility site indicates that the site exceeds the FCC 96-326 standard, then the owner(s) of all facilities utilizing this site shall be notified. The owner(s) shall submit a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard within ten (10) business days of notification of noncompliance to the Planning Commission.

Section 21-513 The plan for reduction of emissions shall reduce emissions to the standard immediately after initial notification of non-compliance.

Section 21-514 Failure to accomplish this reduction of emission immediately after the initial notification of non-compliance, shall be a violation of Special Approval and subject to the penalties and fines of this Ordinance. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site until compliance is achieved.

Section 21-515 Tower owner(s) shall pay for an independent consultant (a licensed professional structural engineer), hired by the Township, to conduct inspections of the tower's structural integrity and safety.

Section 21-516 Guyed towers shall be inspected every three (3) years. Monopoles and non-guyed lattice towers shall be inspected every five (5) years.

Section 21-517 The independent consultant shall prepare a report of the inspections and submit the report to the Planning Commission.

Section 21-518 Any major modification of the existing facility which includes changes to the tower dimensions, antenna numbers or types of antennas shall require a new structural inspection.

Section 21-519 If the inspection of any tower reveals any structural defect(s), which, in the opinion of the independent consultant render(s) that tower unsafe, then the following actions must be taken:

1. Within ten (10) business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s).

2. This remediation plan shall be initiated within ten (10) days of the submission and completed as soon as reasonably possible.

3. Failure to accomplish this remediation of structural defect(s) within ten (10) business days of initial notification shall be a violation of the Special Approval and subject to the penalties and fines specified by the Township Board.

4. Such fines shall be payable by the owner(s) of the tower until compliance is achieved.