(A) Where allowed. Telecommunications towers, when located on privately-owned property are permitted by special use permit in A-5, I-1 and I-2 Districts. Telecommunications towers are permitted by zoning permit in the C-3 District. Collocation of telecommunication equipment on existing facilities and structures is permitted by zoning permit.
(B) Submission requirements. Applications for special use permits and zoning permits for a telecommunications tower and facilities shall include:
(1) The names, addresses and telephone numbers of the owner and lessee of the parcel of land upon which the tower is proposed to be situated. If the applicant is not the owner of the parcel of land upon which the tower is proposed to be situated, the written consent of the owner shall be evidenced in the application.
(2) The legal description, property tax parcel identification number and address of the parcel of land upon which the tower is proposed to be situated.
(3) Inability to collocate. The applicant must provide evidence of an inability to collocate on existing towers or usable antenna support structures within the applicant's search ring. The applicant's search ring is the area in which the telecommunication facility must be located in order for the applicant's equipment to function as intended. The applicant must submit the following information in support of its assertion of an inability to collocate:
(a) A map of the applicant's search ring;
(b) The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within the applicant's search ring, including town owned property;
(c) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on existing towers (government or privately-owned) with sufficient capacity for applicant's equipment or usable (having sufficient capacity for applicant's equipment) antenna support structures within the applicant's search ring; and
(d) Written technical evidence from an engineer(s) that the proposed tower or telecommunication facilities cannot be installed or collocated on another tower or usable antenna support structure located within the applicant's search ring.
(4) A description of the design plan proposed by the applicant. The applicant must identify the utilization of the most recent technological design as part of the design plan.
(5) A written statement from an engineer(s) that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by surrounding properties.
(6) Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in division (E) below.
(7) Written, technical evidence from a qualified individual(s) reasonably acceptable to the fire chief and the Zoning Administrator that the proposed site of the tower or telecommunications facilities does not pose an undue risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(8) In order to assist the reviewing authority in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent streets.
(9) The Telecommunications Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the reviewing authority to condition or deny any permit for telecommunications facilities on the basis of RF impacts (whether mounted on towers or antenna support structures) which meet FCC standards. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
(10) The Zoning Administrator may require an applicant to supplement any information that the Zoning Administrator considers inadequate or that the applicant has failed to supply. The Zoning Administrator may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this division (B).
(C) Height. Towers shall be permitted to a height of 250 feet in accordance with division (P) below, criteria for site plan development modifications. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from the existing, undisturbed grade.
(D) Setbacks.
(1) All towers up to 100 feet in height shall be set back on all sides a distance equal to the underlying building setback requirement in the applicable zoning district. Towers in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet.
(2) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
(3) Setback requirements may be modified for telecommunication facilities requiring a special use permit, as provided in division (P) below, when placement of a tower in a location, which will reduce the visual impact, can be accomplished. For example, adjacent to trees which may visually hide the tower.
(4) Setback requirements may be modified for telecommunication facilities requiring a zoning permit by the Zoning Administrator upon the applicant's submission of an engineer's fall zone letter certifying that the tower will not cross adjacent property lines or any public right-of-way in the event of tower failure.
(E) Structural requirements.
(1) No new tower shall be built, constructed or erected unless the tower is capable of supporting at least three operating telecommunications facilities comparable in weight, size and surface area to the telecommunications facilities installed by the applicant on the tower within six months of the completion of the tower construction.
(2) All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the State Building Code and any other standards outlined in this chapter.
(F) Separation requirements. For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially-zoned lands shall be measured from the base of a tower to the closest point of residentially-zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of town jurisdictional boundaries.
(1) Towers in excess of 200 feet in height shall be separated from all residentially zoned lands by a minimum of 200% of the height of the proposed tower.
(2) Towers less than 200 feet in height shall be separated from all residentially zoned lands by 200 feet.
(3) Proposed towers must meet the following minimum separation requirements from existing tower or towers which have received zoning approval, but are not yet constructed at the time a special use permit or zoning permit is granted pursuant to this section.
(a) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of 1,500 feet.
(b) Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of 2,500 feet.
(c) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 1,500 feet.
(G) Illumination. Towers shall not be artificially lighted, except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA.
(H) Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish, which enhances compatibility with, adjacent land uses, as approved by the Zoning Administrator for a permitted use or the Board of Aldermen for a special use.
(I) Landscaping. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with §§ 153.285 through 153.290. The Board of Adjustment may require landscaping in excess of the requirements of §§ 153.285 through 153.290 in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.
(J) Access/parking. A parcel of land upon which a tower is located must provide access to at least one maintained vehicular parking space on site.
(K) Design.
(1) All towers which must be approved as a special use shall be of stealth design or reasonably similar (i.e., designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees). The term STEALTH does not necessarily exclude the use of un-camouflaged lattice, guyed or monopole tower designs.
(2) All towers in the C-3 zoning district must be of monopole design.
(L) Telecommunication facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Zoning Administrator, establish the following at the time plans are submitted for a building permit:
(1) That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet;
(2) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the Board of Adjustment. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof but, which do not protrude more than 18 inches from the side of such an antenna support structure.
(M) Modification of towers. A tower existing prior to the effective date of this amendment may continue in existence as a non-conforming structure. Such non-conforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this section, except for divisions (F) above and (N) and (O) below; provided:
(1) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower;
(2) An application for a zoning permit is made to the Zoning Administrator who shall have the authority to issue a zoning permit without further approval. The grant of a zoning permit pursuant to this division (M) allowing the modification or demolition and rebuild of an existing non-conforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming;
(3) The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this section; and
(4) Except as provided in this division (M), a non-conforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This section shall not be interpreted to legalize any structure or use existing at the time the amendment authorizing this section is adopted which structure or use is in violation of the town's land use ordinance prior to enactment of the amendment authorizing this section.
(N) Certifications and inspections.
(1) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the State Building Code and all other construction standards set forth by town, federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to division (B) above and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this section and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to division (B) above and every two years thereafter. The tower owner may be required by the Zoning Administrator to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
(2) The town or its agents shall have authority to enter on the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the State Building Code and all other construction standards provided by town, federal and state law.
(3) The town reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.
(O) Maintenance.
(1) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
(2) Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
(3) All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
(4) All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by insured certified or licensed maintenance and construction personnel.
(5) All towers shall maintain compliance with current RF emission standards of the FCC.
(6) In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the Zoning Administrator if its intent to discontinue use and the date when the use shall be discontinued.
(P) Criteria for site plan development modifications. Notwithstanding the tower requirements provided in this section, a modification to the requirements may be approved by the reviewing authority in accordance with the following.
(1) In addition to the requirement for a tower application, the application for modification shall include the following:
(a) A description of how the plan addresses any adverse impact that might occur as a result of approving the modification;
(b) A description of off-site or on-site factors which mitigate any adverse impacts that might occur as a result of the modification;
(c) A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties;
(d) For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts. Documentation of undertaking these actions shall be provided by the applicant; and
(e) The Zoning Administrator may require the application to be reviewed by an independent engineer under contract to the town to determine the basis for the modification requested. The cost of review by the town's Engineer shall be reimbursed to the town by the applicant. Such fees shall be fixed in advance and incorporated into a permit or application fee and shall be based on the reasonable costs to be incurred by the town in connection with such review. On request, the amount of the consultant charges incorporated into the permit or application fee shall be separately identified and disclosed to the applicant. The fee imposed by the town for such review may not be used for (i) travel time or expenses, meals, or overnight accommodations incurred in the review of an application by the engineer; or (ii) reimbursements for the engineer based on a contingent fee basis or a results-based arrangement.
(2) The reviewing authority shall consider the application for modification based on the following criteria:
(a) That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties;
(b) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification; and
(c) In addition, the reviewing authority may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification.
(3) In addition to the requirements of division (P)(1) above, in the following cases, the applicant must also demonstrate, with written evidence, the following:
(a) In the case of a requested modification to the setback requirements, division (D) above that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially zoned land;
(b) In the case of a request for modification to the separation requirements from other towers of division (F) above, separation requirements that the proposed site is zoned for industrial use and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in division (F) above;
(c) In the case of a request for modification of the separation requirements from residentially-zoned land of division (F) above, if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property; and
(d) In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to:
1. Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or
2. To meet the coverage requirements, capacity requirements or both of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.
(Q) Abandonment.
(1) If any tower shall cease to be used for a period of 365 consecutive days, the Zoning Administrator shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Zoning Administrator that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the Zoning Administrator shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.
(2) To secure the obligation set forth in this section, the applicant (and/or owner) shall post a bond in an amount to be determined by the Zoning Administrator based on the anticipated cost of removal of the tower.
(Ord. passed 4-9-2013; Ord. 2018-02, passed 2-13-2018; Ord. 2021-03, passed 6-8-2021)