In addition to other applicable provisions of the town code and this chapter, towers and antennas attached thereto that exceed 50 feet in height shall be subject to the following requirements.
(A) A tower may not be located within 1,500 feet of another tower (measured in a straight line and not by street distance).
(B) The base of the tower shall be set back from a street right-of-way line a distance that is not less than the height of the tower, and from every lot boundary line, a distance that is not less than 50% of the height of the tower. The setbacks provided for herein may be reduced up to 50% if the applicant provides the town with an independent study submitted by a licensed engineer who certifies that the applicant’s proposed setbacks contain the potential collapse zone. In all cases the minimum distance between the base of a tower and any residential structure shall be equal to the height of the tower, except where the owners of all such structures consent in writing to a reduction, in which case the setback may reduced by up to 50%. The minimum distance between the base of a tower and any other structure (except structures accessory to the tower) shall be equal to 50% of the height of the tower, except as reduced pursuant to an engineer’s certification as set forth above.
(C) (1) Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if lighting is required by the FAA.
(2) To the extent allowed by the FAA, strobes shall not be used for nighttime lighting.
(3) The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.
(4) Prior to the issuance of a building permit, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA.
(D) Towers and antennas shall be constructed and operated so as not to disturb or interfere with the use or operation on adjoining or nearby properties of radios, televisions, telephones, or similar equipment.
(E) Commercial messages may not be displayed on any tower.
(F) (1) The output from the tower may not exceed federally approved levels for exposure to electronic magnetic force (EMF).
(2) The applicant shall be required to submit documentation with the application verifying the compliance with this standard.
(G) (1) If the tower is up to 180 feet in height, the tower shall be engineered and constructed to accommodate at least one additional telecommunication user.
(2) If the tower exceeds 180 feet, the tower shall be engineered and constructed to accommodate at least two additional telecommunication users.
(3) Furthermore, the site plan must show locations for accessory buildings necessary to accommodate a minimum of two users, even if the tower is proposed for a single user.
(H) The base of the tower and each guy anchor shall be surrounded by a fence or wall at least eight feet in height and constructed of material that cannot be easily climbed or penetrated, unless the tower and all guy wires are mounted entirely on a building at least eight feet in height.
(I) (1) If visible from any street or residential area, the base of the tower, any guy wires, and any associated structures, walls, or fences shall be surrounded by a Type A screening.
(2) The site developer shall have the option of providing the screening around the tower base and associated items individually, or providing the screening around the perimeter of the entire site.
(J) Outdoor storage shall not be permissible on tower sites.
(K) The color of the tower shall be of light tone, except to the extent required by law, so as to minimize its visual impact.
(L) In addition to other information that must be submitted with the application, the application for a tower must contain the following information:
(1) Identification of the intended user(s) of the tower, if known at the time the application, or thereafter when the user(s) are determined;
(2) Documentation provided by a registered engineer that the tower has sufficient structural integrity to accommodate more than one user;
(3) Documentation by the applicant that no suitable existing facilities within the coverage area are available to the applicant. Documentation may include maps, letters from adjacent tower owners, or calculations. Facilities include other towers, or other buildings or structures; and
(4) A statement indicating the owner’s intent to allow shared use of the tower and how many other users can be accommodated.
(M) (1) The recipient of a permit for a tower shall be required as a continuing condition on the validity of the permit to submit, to the Land Use Administrator by January 31 of each year, documentation including, but not limited to, an FCC license indicating that the tower is being utilized.
(2) Towers which are not used for a period of six months or more shall be removed by the owner within 90 days thereafter. A statement of financial responsibility and performance security shall be posted for each tower to guarantee compliance with this requirement.
(N) The tower shall be constructed with a grounding system that provides adequate protection from destruction or damage by lighting.
(O) The proposed addition of another user’s antenna to a pre-existing tower, or any substantial change in the previously approved tower, shall constitute a minor modification which must be approved by the Land Use Administrator.
(P) In addition to the considerations for conditional or special use permits found in § 152.048, the approving bodies in determining whether a tower is in harmony with the area of a tower on the value of adjoining or abutting properties may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics, and may disapprove a tower on the grounds that such aesthetic effects are unacceptable. Factors relevant to aesthetic effects are:
(1) The protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites;
(2) The concentration of towers in the proposed areas; and
(3) Whether the height, design, placement, or other characteristics of the proposed tower could be modified to have a less intrusive impact.
(Ord. passed 12-20-2001) Penalty, see § 152.999