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(A) The following development standards shall govern the application, consideration and issuance of administrative and special use permits.
(B) The applicant shall comply with the following conditions, unless the applicant can obtain a variance through the Board of Adjustment, after the variance request is reviewed and receives a recommendation by the Planning and Zoning Board.
(1) Setbacks and location requirements. The following matrix, showing separation requirements shall apply to all towers, at a minimum, whether a permitted use or special exception. For those towers which do not abut residentially zoned or used lands, the towers shall be setback from the property lines a distance equal to one feet for every two feet of tower height, but in no case less than the underlying setback, whichever is greater. In zoning districts which require special or conditional use permit, additional setbacks may be required to satisfy safety and aesthetic concerns. Structural support devices such as peripheral anchors, guy wires or other supporting devices shall be located pursuant to the district setbacks, but in no event closer than ten feet from any property line of the parent parcel, where there are no setbacks required. A minimum setback of ten feet from all overhead utility lines shall be required.
(2) Setbacks from parent property lines. Tower setbacks shall be measured from the base of the tower to the property lines of the parent parcel. The tower owner shall provide a lease or deed or recorded fall zone easement covering the certified fall radius, and all towers shall be located on a parcel in a manner that in the event of collapse, the tower structure and its supporting devices shall be contained within the confines of the property lines of the parent parcel. The fall radius of the tower shall be determined and certified by a state licensed engineer.
(3) Location requirements relative to off-site uses and zoning. Towers shall meet the locational requirements set forth in the table below from adjacent and surrounding properties of the parent tract. If the owner of the property where the tower is to be located owns residential units thereon or on surrounding properties (or if the properties are owned by his or her parents or children and they have consented in writing), those units shall not be taken into consideration when calculating the setback and locational requirements in this section.
Tower Locational Requirements
Any adjacent or surrounding residential dwelling
100% of tower height or 50 feet which ever is greater
Any adjacent or surrounding residentially zoned land
100% of tower height or 50 feet whichever is greater
Any government used land
100% of tower height
Public road rights-of-way
100% of tower height
Designated scenic roadways
100% of tower height
(4) Collocation. All new towers, whether monopole, lattice or guyed, shall be designed and constructed to allow collocation of a minimum of two antennas for monopoles and four antennas for other towers. The tower owner/operator shall submit executed collocation agreements or binding letters of intent for each collocation as support for granting the permit to locate the tower, if any. Collocation agreements or binding letters of intent shall be in a form acceptable to the Town Attorney that shall provide that each of the additional users will be utilizing the tower upon its completion.
(5) Tower clustering. Application for tower clustering shall be filed with the town and shall include a site plan showing the location and fall zone radius of each tower. The town planner shall prepare and forward a recommendation and supporting documents to the Town Council. The Council may approve or deny the site for tower clustering by adoption of a resolution, provided however, if one or more of the towers requires a special use permit, the resolution of approval shall be subject to issuance of the necessary special use permit. Unless otherwise approved by the Town Council, towers shall be separated from each other a minimum distance equal to the certified fall radius.
(6) Landscaping and buffers. Landscaping of tower electrical control equipment facilities/structures and compound shall be required. A planting area a minimum or four feet wide, around the outside perimeter of the fence around the tower compound shall be established. The area shall be planted with a hedge of native or ornamental evergreen shrubs at least 30 inches in height at planting and capable of growing to at least 40 inches in height within the first growing season. Plants shall be mulched using two inches of material. A drip or low volume/pressure irrigation system or other alternative means of insuring hearty growth of vegetation shall be utilized. These plant materials shall be designed and placed to effectively screen the view of the tower compound from adjacent property. Ornamental trees may be included in the design to achieve this goal. Landscape buffering on the parent parcel shall be installed along the portion of the parent parcel boundaries between the tower and off-site residentially zoned property as necessary to buffer residential property when vegetative buffers are non-existent or provide insufficient screening. Plant materials shall be designed and placed to screen the view of the tower compound. Ornamental trees may be included in the design to achieve this goal. Existing mature tree growth and natural landforms on the property shall be protected and preserved to the maximum extent possible. New trees shall be a minimum of two inches D.B.H. and shall be container grown. Shrubs shall be a minimum of 18 through 24 inches in height and shall be in a three gallon container. Plants shall be mulched using two inches of material. All plant material shall be guaranteed for two years following final inspection and approval. Replacements shall be made annually and coordinated with the town planner or other Town Council designee. The Town Council may require a greater buffer where appropriate or waive or modify any or all of these requirements if the goals of this section would be better served thereby.
(7) Lighting. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the town shall review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views, including but not limited to installation of bottom shielding on all lights.
(8) Color. Towers shall either maintain a galvanized steel finish, or concrete, or be painted a color so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA, except for camouflaged towers. The wiring conduit and coaxial cable shall be designed or painted to reduce visual obtrusiveness.
(9) Buildings. At the tower site, the design of the building and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend with the tower facilities to the natural setting and built environment. Outdoor storage is not permitted at a tower site.
(10) Antenna. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(11) Signage. No signage shall be allowed on any tower, except as required for public safety purposes or by the Federal Communication Commission (FCC).
(12) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Town Council may waive the requirements, as it deems appropriate. The use of barbed wire is prohibited.
(13) Inventory of existing sites. In order to encourage collocation of facilities, the town shall maintain a current map of all existing towers and all antenna support structures on which an antenna has been located. To prepare and maintain a map, at the time of its first application after the effective date of this subchapter, each applicant for an antenna and/or new tower shall provide to the town planner an update of the inventory of the communications company’s existing towers and antennas and approved towers that are either within town or within one-quarter mile of the border thereof, including municipal boundaries, including specific information about the location (including longitude, latitude and global positioning system location), height and design of each tower. The town may share the information with other applicants applying for administrative approvals or special use permits under this subchapter or other organizations seeking to locate towers or antennas within the jurisdiction of the Town Council, provided however, that the town is not, by sharing the information, in any way representing or warranting that the sites are available or suitable.
(14) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If, upon inspection, the Town Council concludes that a tower fails to comply with the codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within the 30 days, the Council may remove the tower at the expense of the owner and/or landowner.
(15) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower constructed after the effective date of this subchapter shall ensure that it is constructed and maintained in compliance with EIA/TIA 222-E Standard, as published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town Council concludes that a tower fails to comply with the codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within the 30 days, the Town Council may remove the tower at the expense of the owner and/or landowner.
(16) Public notice. For purposes of this section, any conditional/special use permit for a tower shall require a 15 day public notice to all abutting property owners and all owners of property that are located within 500 feet of the perimeter of the parent parcel upon which proposed communication tower is located. Municipalities within one mile of the proposed site and owners of private and public airports within a two mile radius of the proposed site shall also receive notification Failure of a municipality to respond within 30 days after notification shall be interpreted as no objection.
(2000 Code, § 66-1034) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999