(A) General. New towers shall be allowed in zoning districts as provided for in Ch. 162 of this code of ordinances with the issuance of a conditional use permit.
(B) Aesthetics, landscaping and buffers.
(1) Towers and antennas shall have a neutral finish or be painted an approved neutral color to reduce visual impact.
(2) Towers shall not be artificially lighted, except as required by FCC, FAA or other state or federal laws.
(3) Road access to towers shall be the minimum size necessary to allow safe access for the proposed specific use and maintenance needs in a non-linear manner so as not to provide a direct view corridor to the support structures.
(4) All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs or owner identification on a wind generator, tower, building or other structure associated with the tower shall be prohibited.
(5) All towers shall maintain the required setbacks as undisturbed vegetated buffers, except for the access road. The size and quantity of plantings shall be subject to Planning Commission/Planning Department approval to enhance the quality and effectiveness of the buffer area to serve as a visual screen.
(6) The base of a tower may not be located in wetland, floodplain or shoreland overlay zones.
(C) Access and security.
(1) A security fence, to be approved by the Planning Commission/Planning Department, of not fewer than eight feet in height from the finished grade shall be provided around the tower. Fences shall be painted an approved neutral color to minimize visual impacts. Access to the tower shall be through a gate that can be secured.
(2) All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(3) All electrical wires shall be located underground where possible.
(4) All towers shall comply with all applicable state construction and electrical codes and the National Electrical Code.
(5) All tower facilities shall be maintained in a safe and clean condition. The tower facility owner shall be responsible for maintaining a graffiti-, debris- and litter-free site. The landscape plan shall be maintained for the life of the tower facility. If the facility is not maintained, the city may bring legal action. The city’s remedies may include, after 60 days’ notice to the owner or operators, an order allowing the city to complete the maintenance at the cost of the owners or operators of the tower facility.
(D) Structures.
(1) The design of any buildings and related structures shall, to the extent possible, use materials, colors, textures, screenings and landscaping that will blend the facilities with the natural setting and built environment.
(2) All buildings and accessory structures must meet setbacks and other requirements of Ch. 162 of this code of ordinances.
(E) Height. Towers including antennas, wind blades or other attachments shall not exceed a height of 150 feet, except for those towers expressly satisfying all co-location requirements for four or more communication carriers, which may be constructed to a maximum height of 199 feet.
(F) Setbacks. Towers shall be set back a distance equal to at least 125% of the tower height from the lot lines, any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road, and any overhead utility lines, unless written permission is granted by the affected utility. Lesser setbacks will be considered by the Planning Commission when the applicant provides documentation that an easement from adjacent properties has been secured which would equal a 125% of the tower height setback.
(G) Performance guarantees.
(1) No permits will be issued until the applicant has filed a performance bond or bank letter of credit approved by the City Attorney equal to 125% of the cost of completing the following improvements:
(a) The construction of any drainage systems involving piping, culverts or retention or detention facilities;
(b) The construction of erosion and sedimentation control measures or landscaping required to meet the standards of this section; and
(c) Other site improvements required by the Planning Commission/Planning Department to meet the standards of this section.
(2) (a) The owner of a tower shall be required to remove the tower and associated facilities should it not be used for the use or uses approved for a period of 90 consecutive days. This period may be extended by the Planning Commission/Planning Department if there are extenuating circumstances beyond the control of the applicant. For a permit under this section, an applicant shall post a performance bond or bank letter of credit approved by the City Attorney with the city prior to obtaining a permit that is equal to 125% of the cost of removing the structure. The performance guarantee must be in effect for the life of the tower.
(b) The performance guarantee covering the removal shall be reviewed for renewal at a maximum term of five years, to account for cost adjustments. It must contain a mechanism, satisfactory to the city, for review of the cost of removal of the structure every five years and a mechanism for increasing the amount of the guarantee should the revised cost estimate so necessitate.
(3) To ensure compliance with the prescribed ordinances, all approvals will be subject to an annual permit renewal conducted by the Planning Department. The Planning Department, at a minimum, shall review the continued use of the facility; maintenance of the facility and site improvements; availability for co-location of new service; and review of bonding documents. The documents and permit renewal fee shall be submitted to the Planning Department no later than October 1 of each year following the original approval.
(Prior Code, § 335.03) (Ord. passed 2-19-2008; Ord. passed 3-1-2011)