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§ 114.01 PURPOSE.
   The purpose of this chapter is to ensure that the placement, construction and modification of wireless telecommunication facilities is consistent with the town’s land use policies, to minimize the impact of wireless telecommunication facilities, to encourage the collocation of wireless telecommunications facilities on existing structures, to establish a fair and efficient process for review and approval of applications, to assure a comprehensive review of environmental impacts of the facilities, and to protect the health, safety and welfare of the town’s citizens while attempting to ensure access to reliable wireless communications services throughout the county.
(Ord. 10.040, passed 2-3-2008)
§ 114.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY EQUIPMENT. Any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.
   ADMINISTRATOR. The Planning and Zoning Board, Administrator or individual designated by the Board to conduct the administrative review referred to in this chapter
   ADMINISTRATIVE APPROVAL. Zoning approval that the Administrator is authorized to grant after administrative review.
   ADMINISTRATIVE REVIEW. The procedures established in § 114.04(E).
   ANTENNA. Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. These structures and devices include, but are not limited to, the following: directional antennas, such as panels, microwave dishes and satellite dishes; and omnidirectional antennas, such as whips.
   BOARD. The County Commission, Town Board of Trustees or other governmental body governing the district this chapter refers to.
   COLLOCATION. The act of siting telecommunications facilities in the same location on the same support structure as other telecommunications facilities. COLLOCATION also means locating telecommunications facilities on an existing structure (for example: buildings, water tanks, towers, utility poles and the like) without the need to construct a new support structure.
   CARRIER ON WHEELS or CELL ON WHEELS or COW. A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
   MAJOR MODIFICATIONS. Improvements to existing telecommunications facilities or support structures that result in a substantial change to the facility or structure. Collocation of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a MAJOR MODIFICATION. MAJOR MODIFICATIONS include, but are not limited to, extending the height of the support structure by more than 20 feet or 10% of its current height whichever is greater, and the replacement of the structure.
   MINOR MODIFICATIONS. Improvements to existing telecommunications facilities and support structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a “substantial” change. These MINOR MODIFICATIONS include, but are not limited to, extending the height of the support structure by less than 20 feet or 10% of its current height, whichever is greater, and the expansion of the compound area for additional accessory equipment.
   MONOPOLE. A single, freestanding pole-type structure supporting one or more antenna. For purposes of this chapter, a MONOPOLE is not a tower.
   ORDINARY MAINTENANCE. Ensuring that telecommunications facilities and support structures are kept in good operating condition. ORDINARY MAINTENANCE includes inspections, testing and modifications that maintain functional capacity and aesthetic and structural integrity; for example the strengthening of a support structure’s foundation or of the support structure itself. ORDINARY MAINTENANCE includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. ORDINARY MAINTENANCE does not include minor and major modifications.
   REPLACEMENT. Constructing a new support structure of proportions and of equal height or other height as would be allowed under the definition of “minor modification” to a pre-existing support structure in order to support a telecommunications facility or to accommodate collocation and removing the pre-existing support structure.
   STEALTH TELECOMMUNICATIONS FACILITY. Any telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer.
   SUPPORT STRUCTURE(S). A structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, utility poles and other freestanding self-supporting structures.
   TELECOMMUNICATIONS FACILITY. Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A TELECOMMUNICATION FACILITY can consist of one or more antennas and accessory equipment or one base station.
   TOWER. A lattice-type structure, guyed or freestanding, that supports one or more antennas.
(Ord. 10.040, passed 2-3-2008)
§ 114.03 APPROVALS REQUIRED FOR FACILITIES AND SUPPORT STRUCTURES.
   (A)   Administrative review. Telecommunications facilities located on any existing support structure shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this chapter. New support structures that are less than 60 feet in height shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this chapter. New support structures up to 199 feet in height shall be permitted in any Industrial District after administrative review and administrative approval in accordance with the standards set forth in this chapter. Monopoles or replacement poles located in utility easements or rights-of-way shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this chapter. Stealth telecommunications facilities shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this chapter.
   (B)   Special permit. Telecommunications facilities and support structures not permitted by administrative approval shall be permitted in any district upon the granting of a special permit from the Board in accordance with the standards set forth in this chapter.
   (C)   Exempt.
      (1)   Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from zoning and permitting requirements.
      (2)   In addition, the following facilities are not subject to the provisions of this chapter:
         (a)   Antennas used by residential households solely for broadcast radio and television reception;
         (b)   Satellite antennas used solely for residential or household purposes;
         (c)   COWs placed for a period of not more than 120 days at any location within the district after a declaration of an emergency or a disaster by the Governor or by the responsible official of the district; and
         (d)   Television and AM/FM radio broadcast towers and associated facilities.
(Ord. 10.040, passed 2-3-2008)
§ 114.04 FACILITIES AND SUPPORT STRUCTURES PERMITTED BY ADMINISTRATIVE APPROVAL.
   (A)   Telecommunications facilities located on existing structures.
      (1)   Antennas and accessory equipment are permitted in all zoning districts when located on any existing structure, including, but not limited to, buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this chapter.
      (2)   Antennas and accessory equipment may exceed the maximum building height limitations, provided the antenna and accessory equipment are in compliance with the requirements and standards of this chapter.
      (3)   Each antenna mounted on existing structures and any accessory equipment shall meet the following standards.
         (a)   Omnidirectional or whip antennas shall not exceed 20 feet in length and not exceed seven inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive.
         (b)   Directional or panel antennas shall not exceed ten feet in length and two feet in width and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive.
         (c)   Cylinder-type antennas shall not exceed ten feet in length and not exceed 12 inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive.
         (d)   Satellite and microwave dishes shall not exceed ten feet in diameter. Dish antennas greater than three feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture of the building to which they are attached. This screening requirement shall not apply to dishes located upon towers or monopoles.
         (e)   Other antenna types not specifically mentioned above shall be permitted if they are not significantly greater in size and will have a visual impact no greater than the antennas listed above. This provision is specifically included in this chapter to allow for future technological advancements in the development of antennas.
         (f)   Accessory equipment must comply with § 114.06(E).
   (B)   New support structures.
      (1)   New support structure less than 60 feet in height shall be permitted in all zoning districts in accordance with the requirements of this chapter.
      (2)   New support structures up to 199 feet in height shall be permitted in all General Industrial Districts in accordance with the requirements of this chapter. The height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage objectives of the facility. The setback of the structure shall be governed by the setback requirements of the underlying zone.
      (3)   In the case of a monopoles or replacement poles that will support utility lines as well as a telecommunications facility shall be permitted within utility easements or rights-of-way, in accordance with requirements of this chapter.
         (a)   The utility easement or right-of-way shall be a minimum of 100 feet in width.
         (b)   The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are 80 feet or greater in height.
         (c)   The height of the monopole or replacement pole may not exceed by more than 30 feet the height of existing utility support structures.
         (d)   Monopoles and the accessory equipment associated there with shall be set back a minimum of 15 feet from all boundaries of the easement or right-of-way.
         (e)   Single carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by division (B)(3)(c) above.
         (f)   Poles that use the structure of a utility tower for support are permitted under this section. The poles may extend up to 20 feet above the height of the utility tower.
         (g)   Monopoles or replacement poles located on public property or within public rights-of-way that will support public facilities or equipment in addition to telecommunications facilities shall be permitted in accordance with requirements of this chapter. Examples include, but are not limited to, municipal communication facilities, athletic field lights, traffic lights, street lights and other types of utility poles in the public right-of-way.
   (C)   Stealth telecommunications facilities.
      (1)   Stealth telecommunications facilities shall be permitted in all zoning districts after administrative review and administrative approval in accordance with the requirements below.
         (a)   Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a causal observer.
         (b)   The structure utilized to support the antennas must be allowed within the underlying zone district. The structures may include, but are not limited to, flagpoles, bell towers, clock towers, crosses, monuments, smoke stacks, parapets and steeples.
         (c)   Setbacks for the supporting structure shall be governed by the setback requirements of the underlying zoning district.
   (D)   General standards, design requirements and miscellaneous provisions. Unless otherwise specified herein, all telecommunications facilities and support structures permitted by administrative approval are subject to the applicable general standards and design requirements of § 114.06 and the provisions of § 114.07.
   (E)   Administrative review process.
      (1)   All administrative review applications must contain the following:
         (a)   Administrative review application form signed by applicant;
         (b)   Copy of lease or letter of authorization from property owner evidencing applicant’s authority to pursue zoning application;
         (c)   Zoning drawings detailing proposed improvements. Drawings must depict improvements related to the requirements listed in this chapter, including property boundaries, setbacks, topography, elevation sketch and dimensions of improvements;
         (d)   In the case of a new support structure:
            1.   Statement documenting why collocation cannot meet the applicant’s requirements. The statement may include technical information and other justifications as are necessary to document the reasons why collocation is not a viable option; and
            2.   A list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical or financial reasons. If an existing tower or monopole is listed among the alternatives, the applicant must specifically address why the modification of the structure is not a viable option.
         (e)   Administrative review application fee. Applications for new support structures with proposed telecommunications facilities shall be considered together as one application requiring only a single application fee.
      (2)   Procedure.
         (a)   Within ten business days of the receipt of an application for administrative review, the Administrator shall either: inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or schedule an administrative review meeting with the applicant within 30 days of the receipt of a complete application. This meeting is not a public hearing.
         (b)   An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant’s failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal without prejudice of the application. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.
         (c)   The administrative review meeting will be conducted to confirm that the proposed application is consistent with this chapter. The Administrator must issue a written decision granting or denying the request within 15 days of the meeting unless an extension of time is agreed to by the applicant. Failure to issue a written decision within 15 days shall constitute a denial of the application. The applicant may appeal the denial as provided in this chapter or applicable state or federal law.
         (d)   Should the Administrator deny the application, the Administrator shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and this chapter.
         (e)   The applicant may appeal any decision of the Administrator approving, approving with conditions or denying an application or deeming an application incomplete, within 30 days to the Board in accordance with this chapter.
(Ord. 10.040, passed 2-3-2008)
§ 114.05 FACILITIES AND SUPPORT STRUCTURES PERMITTED BY SPECIAL PERMIT.
   (A)   Any telecommunications facility or support structures not meeting the requirements of § 114.04 shall be permitted by special permit in all zoning districts subject to:
         (1)   The submission requirements of division (B) below;
         (2)   The applicable standards of divisions (G) and (H) below; and
         (3)   The requirements of the special permit general conditions within Chapter 155 (zoning regulations).
   (B)   Submission requirements for special permit applications.
      (1)   Special permit applications. All special permit applications for telecommunications facility and support structures must contain the following:
         (a)   Special permit application form signed by applicant;
         (b)   Copy of lease or letter of authorization from the property owner evidencing applicant’s authority to pursue zoning application;
         (c)   Written description and scaled drawings of the proposed support structure, including structure height, ground and structure design, and proposed materials;
         (d)   Number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure;
         (e)   When locating within a residential area, a written technical and operational analysis of why a monopole or similar structure at a height of less than 100 feet cannot be used;
         (f)   Line-of-sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least four directions within the surrounding areas;
         (g)   A statement justifying why collocation is not feasible. The statement shall include:
            1.   Technical information and other justifications as are necessary to document the reasons why collocation is not a viable option; and
            2.   A list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical or financial reasons. If an existing tower was listed among the alternatives, the applicant must specifically address why the modification of the tower is not a viable option.
         (h)   A statement that the proposed support structure will be made available for collocation to other service providers at commercially reasonable rates;
         (i)   If required of other special permit applications, a property owner list that includes the name, address and tax parcel information for each parcel entitled to notification of the application; and
         (j)   Special permit application fee. Applications for new support structures with proposed telecommunications facilities shall be considered as one application requiring only a single application fee.
      (2)   Procedure.
         (a)   Within ten business days of the receipt of an application for a special permit, the Administrator shall meet with the applicant to confirm that the application is complete or to inform the applicant in writing the specific reasons why the application is incomplete. This review meeting with staff is not a public hearing and is not subject to any public notification requirements.
         (b)   If an application is deemed incomplete, an applicant may submit additional materials to complete the application. An applicant’s failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal without prejudice of the application. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.
         (c)   Once an application is deemed complete, a review meeting shall be held within ten days.
         (d)   A complete application for a special permit shall be scheduled for a hearing date at this review meeting in accordance with the requirements of this chapter.
         (e)   The posting of the property and public notification of the application shall be accomplished in the same manner required for any special permit application under this chapter.
(Ord. 10.040, passed 2-3-2008)
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