(A) Purpose and legislative intent. The Federal Telecommunications Act of 1996 affirmed the town’s authority concerning the placement, construction, and modification of wireless telecommunications facilities. The regulations of this section are designed to site communications towers in the town. It is the intent of these regulations to allow for the harmonious coexistence of communications towers and other land uses. It is also the intent of these regulations to reduce the overall negative impact of communications towers by:
(1) Reducing the number of towers needed through a policy of encouraging co-location; and
(2) If co-location is not feasible, encouraging the following:
(a) The use of stealth tower design, as defined in division (C)(1) below;
(b) The clustering of towers (“tower farms”);
(c) The placement of towers away from roadways;
(d) The provision of effective screening; and
(e) The location of communications equipment on existing structures or within existing utility substations or uses.
(B) Co-location exemption. Proposed communications equipment co-locating on existing towers and structures without adding to their height shall require only a zoning permit and shall not be subject to the requirements of this section.
(C) Stealth tower provision.
(1) For the purposes of this section, the term STEALTH TOWER shall mean a communications tower designed to unobtrusively blend into its existing surrounding so as not to have the appearance of a communications tower. Examples of STEALTH TOWERS include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing or proposed trees and landscaping, and antenna structures designed to look like light poles.
(2) All proposed stealth tower designs must be approved by the Zoning Administrator.
(3) A complete zoning permit application for a stealth tower that meets all requirements of this chapter shall be approved.
(D) Tower abandonment. A tower that is not used for communication purposes for more than 120 days (with no new application on file for any communication user) is presumed to be out of service and the owner of such tower must notify the staff and remove the tower within 50 days. Towers which are not maintained by the owner according to the Building Code shall be removed by the owner within 60 days. To ensure the removal of towers which do not meet requirements for continued use or proper maintenance, a statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. Removal costs shall be charged to the tower owner. The bond must be renewed as necessary to ensure that it is maintained at all times during the existence of the tower.
(E) Pre-application meeting. Prior to submitting a formal application for a zoning permit for communications tower the applicant is required to attend one or more pre-application meetings. The purpose of the pre-application meeting is to address key issues which will help to expedite the review and permitting process. The Zoning Administrator may conduct a site visit at the pre-application meeting.
(F) Zoning permit submittal requirements. Prior to zoning permit approval, all applications for communications towers shall complete the site plan review process as provided in §§ 153.040 through 153.055 of this code. In addition to any site plan review requirements, the application must contain the following items:
(1) A site plan, drawn to engineer’s scale, showing the location of the tower guy anchors (if any), existing or proposed buildings and structures or improvements, including parking, driveways, or access roads, fences, and protected and grand trees affected by the proposed construction. If there are no grand trees affected, a surveyor’s statement on the site plan must be shown. Adjacent land uses shall also be noted on the site plan, with precise measurements noted between the proposed tower and any residential structures on surrounding properties.
(2) The site plan must show a vegetated buffer, either existing or installed, that provides an effective screen from public rights-of-way and adjacent property owners. If a buffer is to be installed, its placement on the site will vary in order to provide the most effective screening from public view. Required materials will be based on installation of a 25-foot buffer around the fenced area.
(3) The height and typical design of the tower, typical materials to be used, color, and lighting shall be shown on elevation drawings. The applicant shall submit documentation justifying the total height of any communications towers, facility and/or antenna and the basis therefor. Additionally, color and material samples shall be provided.
(4) The tower must be located no closer to a residential structure than a distance equal to one and one-half feet for each one foot in height of the proposed tower plus 50 feet as measured from the center of the proposed tower. At a minimum, there must be a 150-foot distance between the proposed tower and a residential structure.
(5) A six-foot non-climbable fence must be placed around the tower (except for those designed in a manner compatible with division (A)(2) above, Stealth exemption) and any associated building. Guy wires may be fenced separately.
(6) The proposed tower shall only be illuminated as required by the Federal Communications Commission or Federal Aviation Administration. Nighttime strobe lighting shall not be incorporated unless required by the Federal Communications Commission or Federal Aviation Administration. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting that shall be as unobtrusive and inoffensive as permissible under state and federal regulations, and an artist’s rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the communications towers are located.
(7) Communications towers shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures, or antenna towers, unless required by law.
(8) The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower’s fall zone from encroaching onto adjoining properties. The fall zone shall be determined by an engineer certified by the state in a letter which includes the engineer’s signature and seal.
(9) Proposed towers may not be located within 1,000 feet of the center of an existing tower unless the applicant certifies that the existing tower does not meet the applicant’s structural specifications and the applicant’s technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. In the event of the above situation, the clustering of new towers on the same parcel near existing towers is permitted.
(10) A copy of the tower’s search ring.
(11) The applicant shall supply the FAA study number for the proposed tower.
(12) For the purposes of co-location review and review of efforts at siting a tower on the same lot near an existing tower, the applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts, and the like, that alternative towers, buildings, or other structures are not available or suitable for use within the applicant’s tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant’s necessary height criteria, providing a location free of interference from other communication towers, or available at the prevailing market rate (as determined by staff communication with persons doing business within the industry). Additionally, the applicant shall build the proposed tower in such a manner as may allow other telecommunication users to co-locate.
(13) The tower shall be designed with excess capacity for future needs.
(14) A statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. The bond must be renewed as necessary to ensure that it is maintained at all times during the existence of the tower.
(15) The applicant shall furnish a visual impact assessment which shall include:
(a) A “zone visibility map” which shall be provided in order to determine locations where the tower may be seen.
(b) Pictorial representations of “before and after” view from key viewpoints both inside and outside the county, including but not limited to major highways and roads; state and local parks; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents.
(c) An assessment of the visual impact of the tower base, guy wires, and accessory buildings from abutting and adjacent properties and streets.
(G) Retention of expert assistance and reimbursement by applicant.
(1) The town may hire any consultant and/or expert necessary to assist the town in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification.
(2) For towers proposed to be 100 feet or higher, the applicant shall deposit with the town funds sufficient to reimburse the town for all reasonable costs of the consultant and expert evaluation and consultation to the town in connection with the review of any application including the construction and modification of the site, once permitted. The initial deposit shall be $5,000. The application will not be processed until receipt of this initial deposit. The town will maintain a separate account for all such funds. The town’s consultants/experts shall invoice the county for all its services in reviewing the application, including the construction and modification the site, once permitted. If at any time during the process this account has a balance less than $1,000, the applicant shall immediately, upon notification by the town, replenish said account so that it has a balance of at least $5,000. Such additional account funds shall be deposited with the town before any further action or consideration is taken on the application. In the event that the amount held in the account by the town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. The applicant shall not be entitled to receive any interest earnings on unused funds.
(3) The total amount of the funds needed as set forth in division (G)(2) above may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis, and inspection of any construction or modification.
(4) Additional fees may be required if additional hearings before the Board of Zoning Appeals are caused by or requested by the applicant.
(H) Surrounding property owner notification.
(1) In order to better inform the public, in the case of a new communications tower, the applicant shall hold a “balloon test” as follows: the applicant shall arrange to fly, or raise upon a temporary mast, a minimum of three foot diameter brightly colored balloon at the maximum height of the proposed new tower. The dates (including a second date, in case of poor visibility on the initial date) shall be provided to the Zoning Administrator ten days after receipt of the complete application notice. The dates shall be set a minimum of 15 days prior to the Zoning Administrator making a final decision on the zoning permit. The balloons shall be flown for ten consecutive hours between 8:00 a.m. and 6:00 p.m.
(2) Once the application is deemed complete by the Zoning Administrator for a communications tower zoning permit, the Planning/Zoning Department shall provide parties in interest, neighbor, posted and newspaper notice in accordance with the requirements of § 153.040(G) of this code. The public notice shall include the dates of the balloon tests as provided by the applicant and the date the Zoning Administrator must make a final decision on the zoning permit.
(I) Time limit for staff review. Upon receipt of an application deemed complete by the Zoning Administrator for a communications tower zoning permit, the Zoning Administrator shall have a maximum of 45 days to act on the application. The 45 days begins from the date the applicant is sent written notice of a complete application from the Zoning Administrator. Failure to act on the application within 45 days will result in the applicant being granted a zoning permit.
(J) Zoning permit approval criteria.
(1) A complete zoning permit application for a stealth tower that meets all requirements of this chapter shall be approved.
(2) Upon review of a complete application, no zoning permit shall be issued for a communications tower until the Zoning Administrator determines that the proposed tower complies with the following criteria and standards:
(a) That the location and height of the proposed tower will not substantially impact the character of property listed in or eligible for the National Register of Historic Places, other significant environmental, cultural, or historical sites, officially designated scenic roads, or rivers, and that the tower is designed to blend into the environment and minimize visual impact;
(b) If a completely new tower is necessary, the applicant must provide written proof of attempts at co-location and siting a tower on the same lot near an existing tower were proven not feasible or practical;
(c) That the applicant has pursued any available publicly owned sites and privately owned sites occupied by a compatible use, and if not utilized, that these sites are unsuitable for operation of the facility under applicable communications regulations and the applicant’s technical design requirements; and
(d) Staff shall review and approve the color and materials to be used for the proposed tower.
(3) If the Zoning Administrator finds a proposed communications tower will have a substantially negative impact on a surrounding area or adjoining property, the use shall fall under the special exception (S) provisions of this chapter. In determining whether the use shall fall under the special exception (S) provisions, the Zoning Administrator may consider one or more of the following items:
(a) The proposed use will be detrimental to adjacent land uses including historical sites;
(b) The proposed use will have a negative aesthetic visual impact;
(c) The proposed use will have an adverse effect on the environment (not including radio frequency emissions); and/or
(d) The proposed use is contrary to the public health, safety, or welfare.
(Ord. 2012-06, § 6.4.5, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)