(a) All wireless telecommunications facilities and freestanding telecommunications towers shall comply with any and all Federal Aviation Administration, Federal Communication Commission, and any other applicable federal and state regulations.
(b) Telecommunication Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).
(c) Telecommunication Towers not requiring FAA painting or marking shall have an exterior finish, which enhances compatibility with adjacent land uses as approved by the City.
(d) The City may require landscaping on properties with telecommunication facilities/towers in excess of other requirements in this code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing required in this code, yet still within the property boundary where the telecommunication facility/tower is located.
(e) Nothing in this section is construed to regulate satellite signal receiving stations, known as home satellite dishes, whether such dish is used for television reception or other purposes.
(f) Any owner of property used as the location for telecommunication facilities shall maintain such site and all structures in good condition and free from trash, outdoor storage, weeds, and other debris.
(g) If applicable, a copy of the applicant's Federal Communications Commission (FCC) license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower shall be submitted with the permit application, including a pictorial representation, such as a silhouette drawing or photograph, of the proposed telecommunications facility.
(h) Unless co-locating as a Class II facility, certification, supported by evidence, that co-locations of the proposed telecommunications facility with an existing approved tower or facility cannot be accommodated is required. Reasons for not co-locating on a site would include, but not be limited to, the following:
(1) No existing towers or facilities are located within a two thousand (2,000) foot radius.
(2) Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements.
(3) Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4) Applicant's planned equipment would cause radio frequency interference with other existing or planned equipment of the tower, or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented.
(5) Unwillingness of the owner of the existing tower or facility to entertain a co-location proposal.
(6) Existing towers or facilities do not provide an acceptable location for requisite coverage for the applicant's communications network.
(i) Class I Telecommunications Facilities shall include but are not limited to such facilities as television antennas, ham radio antennas, am/fm reception. Any Class I facility cannot be utilized for cell phone reception.
(j) Class II Telecommunications Facilities shall include but are not limited to such facilities as antennae and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996 that is not intended to be supported by or attached to a new telecommunications tower, as defined.
(k) Class III Telecommunications Facilities shall include but are not limited to such facilities as antennae and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the federal Telecommunications Act of 1996.
(l) Nothing in this section is construed to regulate home satellite dishes, whether such dish is used for television reception or other purposes.
(m) Class I Facilities.
(1) Maximum height of sixty (60) feet above grade.
(2) Standard Building Permit required; and
(3) A structural engineer shall certify that the design of such structure is such that in the event of structural failure, no part of the structure will encroach upon any adjoining property or public right-of-way.
(n) Class II Facilities.
(1) Maximum height of one hundred and twenty (120) feet above grade.
(2) Antenna or associated electronic equipment shall be designed for co-location on an existing, permitted telecommunications tower, or attachment to an existing building, water tank or other existing structure. Unless specifically being attached to an existing, permitted telecommunications tower, these facilities must be designed utilizing the latest stealth technologies as defined in this code. They may be attached to an existing, permitted telecommunications tower as a co-location, as per the requirements of this code.
(3) All Class II facilities, not to be co-located on an existing telecommunication tower, are required to be screened by natural vegetation or otherwise camouflaged by stealth technology to conform with existing site color, architecture, and landscaping characteristics so as to minimize visual impact, provided the efficacy of the telecommunication facility is not compromised.
(4) A zoning permit is required that shows the siting, placement, screening, co-location or stealth design, camouflage, height, and setback of the Class II facility.
(5) Class II telecommunications facilities not co-located on an existing telecommunications tower may be permitted on existing structures if such facilities meet all other requirements of this code. The owner of such structure shall, by written certification to the Zoning Officer, establish the following when plans are submitted for a zoning permit:
A. Sign an affidavit acknowledging that the structure will be used to support telecommunication facilities and any ancillary equipment.
B. The height from grade of the telecommunications facilities shall not exceed the height from grade of the support structure by more than twenty (20) feet.
(6) Any telecommunications facilities and their appurtenances, located above the primary roof of a support structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances located above the primary roof of a structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques consistent with the code. Setback requirements shall not apply to stealth antennas mounted to the exterior of structures below the primary roof, but which do not protrude more than eighteen (18) inches from the side of such a structure
(o) Class III Facilities.
(1) Maximum height of one hundred and ninety-six (196) feet above grade.
(2) Class III is reserved for applicants seeking to erect a new tower structure, with associated antennae and electronic equipment.
(3) Towers shall be designed in such a manner as to permit future co-location of other carrier's antennae, rather than construction of additional single use towers.
(4) Minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
(5) Security fencing, no less than six (6) feet in height shall be provided around the equipment shed. A clear zone shall be established at a distance of one and five-tenths (1.5) times the tower height around the base within which there are no existing buildings.
(6) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound.
(7) Towers are exempt from the maximum height restrictions of the zoning districts where located. Towers shall be permitted to a height of one hundred (100) feet, unless the applicant can show good cause to construct a tower exceeding one hundred (100) feet. Under no circumstance shall a tower be greater than two hundred (200) feet above grade.
(8) A Class III telecommunications facility application is required, in which the applicant must show that the new tower is built to minimize visual impact of the tower through careful design, siting, landscaping, and innovative camouflaging and stealth techniques.
(9) Towers shall be setback from all residential property lines a minimum of one hundred (100) feet or one hundred percent (100%) of the height of the proposed Tower, whichever is greater.
(10) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound.
(p) Application to Develop a Class III Telecommunications Facility. An application to develop a Class III telecommunications facility shall include:
(1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.
(2) The legal description, book and page number from the record of such land kept in the Office of the Clerk of Monongalia County, and address of the parcel of land upon which the tower is situated.
(3) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half (½) mile radius of the proposed new tower site, including City-owned property. The applicant must notify such property owners by certified mail in writing and supply the City with copies of such notices. The names, addresses, and telephone numbers of adjacent property owners and those property owners within two hundred (200) linear feet of the property line of the proposed new tower site, including City-owned property. The applicant must notify such property owners, by certified mail in writing and supply the City with copies of such notices. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property.
(4) A description of the design plan proposed by the applicant in the City. Applicant must identify its utilization of the most recent technological design, including microcell or small cell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell or small cell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.
(5) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunications facilities on another usable tower located within a one-half (½) mile radius of the proposed Tower site.
(6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install the applicant's telecommunications facilities on a support structure, as a Class II telecommunication facility, owned by other persons located within a one half mile radius of the proposed tower site.
(7) Written technical evidence from a West Virginia licensed engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structure (as a Class II telecommunication facility) owned by other persons located within one-half (½) mile radius of the proposed tower site.
(8) A written statement from the telecommunications provider that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.
(9) Written, technical evidence from a licensed engineer(s) acceptable to the Fire Marshal and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.
(10) In order to assist the City in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the Tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.
(11) The Zoning Officer may require an applicant to supplement any information that the Zoning Officer considers inadequate or that the applicant has failed to supply. The City or any of its duly authorized designees may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. The City shall review applications in a prompt manner and set forth the reasons for approval or denial.
(12) A fee for management of the application in the amount of two hundred dollars ($200.00) must be included with the application. Such fee includes administrative costs for processing this application including but not limited to expenses incurred for inspections, document review, and mapping. This fee is non-refundable. In January of each year, the owner or operator of a communications tower shall submit written verification to the City of Dunbar that there have been no changes in the operating characteristics of the communications tower as approved at the time of approval, including, at a minimum:
A. Copy of the current Federal Communications license, if applicable.
B. Name, address, and emergency telephone number for the operator of the communications tower.
C. Copy of Certificate of Insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence covering the communications tower and communications antennas.
D. At any time during the calendar year, if an amendment to the Federal Communications Commission license is issued, a copy of the amended license shall be submitted to the Municipality.
(q) Bond for Removal Costs.
(1) At the time of issuance of the permit for construction of the wireless communications facility, a bond or escrow account shall be posted with the City in an amount certified by the applicant's engineer and confirmed by the City engineer to be sufficient to cover the costs of removing such wireless communications facility and disposing of all of its components, together with a financial security agreement authorizing the City to use the funds to remove the facility if the facility is abandoned, and further authorizing the City to place a lien on the premises in the event the escrow or bond is insufficient to cover the costs of removal and disposal.
(2) The financial security agreement shall be executed by both the applicant and the landowner.
(3) At the time of filing of the Annual Report required in subsection (12), above, any new owner of the land or of the facility, as well as an organization utilizing the facility, shall reaffirm the validity of the financial security agreement and/or execute a new financial security agreement as may be required by the City Solicitor.
(4) If the City Zoning Officer shall find that an abandoned wireless communications facility has not been removed within ninety (90) days of the cessation of use, said officer shall give written notice to the owner of the building or premises on which such facility is located.
(5) Removal of the facility shall be effective within fifteen (15) days after receipt of the notice. If such facility is not removed after the conclusion of such fifteen (15) day period, the Zoning Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located.
(6) If the escrow or bond is insufficient to cover the entire cost of removal and disposal, the owner may place a lien upon the premises that may be collected in accordance with the rules for collection of municipal liens
(Ord. 785. Passed 9-16-19.)