Wireless telecommunication facilities may be installed, erected, modified, and maintained as a conditional use in all zoning districts pursuant to Section 1104.10 and the provisions of this chapter.
(a) Purpose:
(1) To ensure the provision of personal wireless service within the corporate boundaries of the residents of the Village of New London;
(2) To protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics;
(3) To minimize the visual impact of wireless telecommunications facilities through design and siting standards;
(4) To maximize the use of existing and approved wireless telecommunications facilities to accommodate multiple antennas in order to reduce the number of towers needed to serve the community, and
(5) To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.
(b) Definitions:
(1) Accessory equipment structure: A building or cabinet like structure located adjacent to or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, wireless data transmission, voice messaging, and paging services.
(2) Antenna: Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building, or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omni-directional "whip" antennas.
(3) Antenna support structure: Any building, pole, telescoping mast, tower, tripod, or any other structure which supports an antenna.
(4) Base transceiver station: Equipment that provides the link between wireless communications and land based public telephone switching networks, including radio frequency transceivers, back up power amplifiers, and signal processing hardware, typically contained in a small building or cabinet.
(5) Co-location: The location of wireless telecommunications equipment from more than one provider on a common tower, building, or structure.
(6) Commercial receiving and/or transmitting antenna: Any antenna erected to transfer information for commercial use.
(7) Mast: The portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.
(8) Personal wireless service: Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging, wireless data transmission, and similar service.
(9) Public property: Land, buildings, or other structures owned or operated by the Village of New London or any other political subdivision or governmental unit.
(10) Telecommunication facility: A facility for the provision of personal wireless services. The facility may include, but is not limited to, a tower, monopole, antenna, or other ancillary equipment, or buildings used to deliver telecommunications services.
(11) Tower: Any pole, spire, structure, or combination thereof to which antenna could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces.
(c) Existing Towers or Antennas. Telecommunications facilities for which a building permit or conditional use permit has been properly issued prior to the effective date of this Chapter are, after the effective date hereof, declared to be lawfully existing conditional uses subject to the provisions of this ordinance.
(d) Interpretation and Applicability.
(1) This Chapter shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996. This Chapter shall apply to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunications facilities within the corporate boundaries of the Village.
(2) This Chapter reserves to the Village all authority contained in state law and existing village ordinances regarding land use and regulations which has not been preempted by the federal government pursuant to section 704 of the Telecommunications Act of 1996 as amended as the placement, construction, and modification of personal wireless service facilities.
(3) This Chapter does not apply to the use or location of private residential citizen band radio towers, amateur radio towers, television antennas, or existing public safety communication facilities owned or operated by the Village of New London or another political subdivision or governmental unit
(e) General Permit Conditions and Height Limitations. Wireless telecommunications facilities may be allowed as a conditional use in all zoning districts within the Village of New London if located or attached as follows:
(1) Water towers: Wireless telecommunication antennas may be permitted upon Village owned water towers provided the applicant has incorporated applicable performance standards set forth in this chapter and a lease agreement with the village has been approved by the Village Council.
(2) Co-location on existing structures: Wireless telecommunication antennas may be permitted to be attached to existing, conforming privately owned water towers, church steeples, bell towers, smokestacks, grain elevators, municipal, utility, hospital, and school buildings and radio towers in accordance with applicable siting guidelines and performance standards set forth in this chapter after the applicant has provided to the village a written statement of approval from the tower or structure owner or lessor. The antenna shall not serve to extend the height of the existing, conforming steeple, tower, grain elevator, smokestack, building or radio tower by more than fifteen feet (15').
(3) Utility poles: Wireless telecommunication antennas may be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor. The height of the antenna shall not extend more than fifteen feet (15') above the pole. Existing lattice utility pole structures may also be utilized provided the approval from the owner is obtained.
(4) Height limitations: The height limitations for construction of new telecommunications towers and addition of antennas to existing structures and telecommunications towers shall be as follows:
A. New tower construction in open space, commercial, or industrial zoning districts, two hundred feet (200').
B. New tower construction in residential zoning districts, one hundred fifty feet (150').
C. Addition of antenna to existing structure (excluding telecommunication towers), not to exceed fifteen feet (15') above the height of the existing structure.
D. Addition of antenna to existing telecommunication towers in residential districts shall not exceed the height of the existing structure.
E. Addition of antenna to existing telecommunications tower in open space, commercial, or industrial district, not to exceed fifteen feet (15') above the height of the existing structure.
F. Measurements shall include all parts of the wireless telecommunications tower and antenna structure measured from the base.
(f) New Tower Construction.
(1) No proposal for the construction of a new wireless telecommunication tower shall be approved unless the applicant documents that the antenna planned for the proposed tower cannot reasonably be accommodated on an existing structure on public property, on an existing, conforming co location tower or structure, or on a utility pole within the applicant's search ring transcending the municipal borders for the purpose of providing service to the residents and businesses of the Village, due to one or more of the following:
A. The antenna would exceed the structural capacity of an existing tower or building; (new tower antenna support structures must be constructed to support at least three (3) additional uses);
B. The antenna would cause interference with other existing or planned equipment at the tower or building;
C. Existing or approved towers and buildings which cannot reasonably accommodate the antenna at a height necessary to provide service to the residents and businesses of the village;
D. Existing or approved towers and commercial buildings are outside of the documented search area; or
E. The owners or lessors of the existing or approved towers and buildings seem unwilling to allow co-location upon their facilities.
(2) No new telecommunication tower shall be constructed within one mile from any existing telecommunication tower. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries. Documentation shall be submitted with any request for a conditional use permit for a new telecommunication tower to demonstrate conformity with the separation requirements.
(g) Performance Standards. The requirements of this section apply to all wireless telecommunication facilities erected, constructed, placed, modified, or replaced in the Village of New London. All wireless telecommunication facilities shall be designed and situated to be visually unobtrusive to minimize the impact upon neighboring uses and shall conform to the following design and siting criteria:
(1) Setbacks: If a site in any open space, commercial or industrial zoning district does not abut a residential district or lot, the minimum setback from any public right-of-way or off site building, including accessory buildings, to a wireless telecommunication tower shall be equal to two-hundred percent (200%) of the height of the tower. The minimum setback in any site in or abutting any residential zoning district or lot from any public right-of-way or off site building including accessory building s, for a wireless telecommunication tower shall be equal to two hundred percent (200%) of the height of the tower, plus fifty feet (50'). Distances shall be measured from the center of the base of the telecommunication tower to the right-of-way line or building. Setbacks for accessory buildings and equipment structures associated with wireless telecommunication towers and antennas shall comply with the zoning district in which the facility is located.
(2) Accessory equipment structures: All necessary equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district. The accessory equipment structure, or accessory equipment land parcel, shall have the capacity to house the equipment of a minimum of three (3) additional co locaters.
(3) Screening: A wall not less than eight feet (8') nor more than ten feet (10') in height from finished grade shall be provided around the perimeter of all wireless telecommunication tower sites for ground mounted communication towers. The wall shall have a brick base of a minimum of six feet (6') in height, and may be topped with brick, wood, or vinyl fencing. Access to the wireless telecommunication tower site shall be through a locked gate.
(4) Landscaping and screening: The following landscaping and buffering shall be required around the perimeter of wireless telecommunication tower sites, as follows:
A. Landscaping shall be installed on the outside of the wall. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting the landscaping requirements.
B. A row of shade trees a minimum of eight feet (8') tall and a maximum of ten feet (10') apart shall be planted around the perimeter of the wall.
C. A continuous hedge at least thirty inches (30") in height at planting and capable of growing to at least thirty six inches (36") in height within eighteen (18) months shall be planted on the outside of the perimeter wall and tree line referenced above.
D. All landscaping shall be of the evergreen variety.
E. All landscaping shall be xeriscape tolerant or irrigated, and properly maintained to ensure good health and viability.
(5) Construction and maintenance: All new towers shall be monopole construction and no guy wires shall be utilized. Towers and/or antenna systems shall be constructed of or treated with corrosive resistant material. A regular maintenance schedule shall be followed.
(6) Roof mounted wireless telecommunication antennas: Roof mounted wireless telecommunication antennas shall not be permitted on buildings with pitched roofs unless they are stealth antennas incorporated into upward thrusting architectural elements such as a church steeple, spire, bell tower, smokestack, or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than fifteen feet (15') above the highest point of the roof to which the antenna is attached.
(7) Structurally mounted wireless communication antennas: Telecommunication antennas mounted on the sides of buildings shall be attached flush with the side of the building and shall not protrude more than three feet (3') from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.
(8) Lights: No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes, or steady nighttime light or other illuminating devices except as may be required by the Federal Aviation Administration (FAA).
(9) Signs and advertising: No signs and/or advertising messages shall be affixed to the antenna, tower structure, screening, or accessory equipment structure, except that one identification sign, not exceeding six square feet (6 sf) designating the name of and contact information for the owner of the tower structure shall be attached to the perimeter wall.
(10) Other attachments: No antenna or tower shall have constructed thereon or attached thereto any platform, catwalk, crow's nest, or like structure for the purpose of human support except during periods of construction and repair.
(11) Color: The wireless telecommunication tower and antenna shall be painted a dull sky blue or gray finish except as dictated by the Federal Aviation Administration (FAA), and shall be designed to minimize visibility and to blend into the surrounding environment.
(12) Equipment storage: No equipment, mobile or immobile, other than an emergency backup generator, shall be stored or parked on the site outside the accessory equipment structure except when maintenance or repairs to the facility are being made and such equipment is actively being utilized in the maintenance or repairs.
(h) Obsolete or Unused Towers.
(1) All obsolete, damaged, unused, or abandoned towers, including accompanying accessory equipment structures and walls, shall be removed within one hundred eighty (180) days of the cessation of operations unless a time extension is approved by the council of the Village of New London. If the tower and accompanying accessory structures and walls are not removed, the site may be deemed a nuisance pursuant to the ordinances of the Village of New London. In the event a tower is determined to be a nuisance, the village may act to abate such nuisance and require the removal of the tower including accompanying equipment structures and walls at the property owner's expense.
(2) The owner shall provide the village with a copy of the notice of the Federal Communication Commission's (FCC) intent to cease operations and shall be given one hundred eighty (180) days from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of one hundred eighty (180) consecutive days.
(3) After the facilities are removed, the site shall be restored to its original or an improved state.
(i) Procedural Requirements.
(1) An applicant proposing to erect a new wireless telecommunication tower, to rebuild a tower on an existing site, or to attach an antenna or antennas to an existing structure other than an existing telecommunication tower shall follow the procedures set forth in Section 1104.10 for original application for or amendment to a conditional use permit. Additional application materials shall include the following:
A. A document from the property owner or lessor that authorizes the applicant to apply for a conditional use permit to erect a wireless telecommunications tower and/or antenna.
B. A "scaled" site plan which shows property lines, location of wireless telecommunication tower or antenna, setback distances, any accessory equipment structure, screening, and landscaping proposed.
C. Photographs of the proposed site, and artist's or architect's sketch, concept, or rendition to scale of the site as built which demonstrates that the proposed site will be as aesthetically pleasing as possible in keeping with its surroundings, including elevations, landscaping and screening.
D. Sufficient information to show that construction, installation, and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons.
E. For construction of new telecommunication towers, propagation maps identifying coverage issues to be addressed by the location of the proposed tower and to demonstrate the need for the tower at the location. The maps shall illustrate coverage both without the proposed tower and with the proposed tower.
F. For construction of new telecommunication towers, a map identifying the location of other towers within the Village of New London and surrounding jurisdictions within the circle of coverage for the proposed new tower.
(2) If an application proposes only to attach an antenna or antennas to an existing telecommunications tower, the application shall be considered a minor modification to the conditional use permit and may be approved by Village Zoning Commissioner without submission to the Planning and Zoning Commission or Village Council. The Village Zoning Commissioner shall, within twenty-five (25) business days from the date that an application has been stamped complete and accepted for filing, either approve the application based upon a determination that the proposed application is in compliance with all minimum requirements of the New London Codified Ordinances, or shall approve the application, subject to conditions, modifications, and restrictions that will ensure that the proposed plan is in compliance with all minimum requirements of the New London Codified Ordinances. Application materials shall include the following:
A. A document from the property owner or lessor that allows the applicant to apply for a permit to erect a wireless telecommunication antenna.
B. A "scaled" site plan which shows property lines, location of wireless telecommunication tower and proposed antenna, setback distances, any existing and proposed accessory equipment structures, and any additional screening, and landscaping proposed.
C. Photographs of the proposed site, an artist's or architect's sketch, concept, or rendition to scale of the site as built which demonstrates that the proposed site will be as aesthetically pleasing as possible in keeping with its surroundings, including elevations, landscaping, and screening.
D. Sufficient information to show that construction, installation, and maintenance of the wireless telecommunication antenna will not create a safety hazard or damage to the property of other persons.
(Ord. 2015-09. Passed 7-13-15.)