Telecommunications towers and antennas

• 1. Purpose.

  • A. The purpose of the ordinance is to establish general guidelines for the siting of towers and antennas. The goals of this ordinance are to:

    • 1. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

    • 2. Encourage the joint use of tower sites;

    • 3. Encourage the users of towers and antennas to locate them, to the maximum extent possible, in areas where the adverse impact on the community is minimal;

    • 4. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and encourage creative design measures to camouflage facilities;

    • 5. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

    • 6. Protect historical and residential areas from potential adverse impacts.

• 2. Definitions. As used in this ordinance, the following terms shall have the meanings indicated:

  • A. "Alternative tower structure" shall mean clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

  • B. "Antenna" shall mean any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

  • C. "FAA" shall mean the Federal Aviation Administration.

  • D. "FCC" shall mean the Federal Communications Commission.

  • E. "Pre-existing towers and antennas shall have the meaning set forth in section 1(A) of this ordinance.

  • F. "Height" shall mean, when referring to a tower or other structure, the distance measured from the ground level to the highest point on the tower or other structure, even if the said highest point is an antenna.

  • G. "Tower" shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

• 3. Development standards for telecommunications towers and antennas.

  • 1. Town owned sites or facilities that are located in the prospective development area which could potentially accommodate the proposed antennae and communications tower shall be given priority consideration.

  • 2. In the event that no town facility is available, a reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why shall be submitted.

  • 3. A bond shall be posted in perpetuity to cover the cost of removal of the tower. The bond shall be reviewed by the director of public works every five (5) years and adjusted accordingly. The bond amount set shall be sufficient to cover the cost of the tower or antenna removal.

  • 4. Setback requirements for towers from all property lines shall be one and one-half (1.5) feet for each foot of tower height. Guy wires shall be adequately protected and shall be setback from all property lines the minimum of the zoning district in which they are proposed, but no less that [than] twenty-five (25) feet.

  • 5. Communication equipment buildings are considered as accessory buildings and shall comply with the applicable setbacks of underlying zoning district.

  • 6. Communications towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Tower buildings, ground structures and appurtenances shall be completely screened from all adjacent properties and streets. Plantings shall be of such a height and density to ensure complete screening. Screening may be waived by the board on those sides or sections that are adjacent to undevelopable lands not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a supplement for or a supplement towards meeting the screening goal.

  • 7. Communications towers shall be enclosed by a maintenance free fence no less than six (6) feet in height or more than eight (8) feet in height from finished grade. Access shall be through a locked gate.

  • 8. Communications towers shall no [not] be artificially lighted except as required for public safety reasons, by the Federal Aviation Administration (FAA), or by the town.

  • 9. No signs shall be allowed on any communications tower except as required for public safety reasons, by the Federal Aviation Administration (FAA), or by the town.

  • 10. Communications antennae not attached to a communication tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily or public utility structure provided that:

    • A. The antennae are not higher than twenty (20) feet above the highest point of the structure.

    • B. The antennae comply with applicable FCC and FAA regulations; and

    • C. The antennae comply with all applicable zoning requirements and building codes.

  • 11. Communications towers shall comply with the following standards for the minimum separation distance from existing communication towers and/or communication towers that have received a valid special use permit, use permit or building permit.

MINIMUM SEPARATION BETWEEN TOWERS (BY TYPE)

 

• • • a. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

  • 12. No proposed telecommunications site, structure or appurtenance shall be designed, located or operated so as to interfere with existing or proposed public safety communications.

  • 13. The following standards shall be used in the approval of the siting of new towers.

Evidence that the applicant has investigated the possibility for locating the proposed facilities on an existing tower, the use of stealth technology or an alternative location where the tower would provide less of an impact on the surrounding area;

Such evidence shall consist of:

• • • • 1. Copies of letters sent to owners of all existing towers within a one (1) mile radius of the proposed site, requesting the following information:

        • A. Tower height;

        • B. Existing and planned tower users;

        • C. Whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and

        • D. If the proposed antenna cannot be accommodated on the existing tower, an assessment of whether the existing tower could be structurally strengthened or whether the antenna's transmitters and related equipment could be protected from electromagnetic interference, and a general description of the means and projected cost of shared use of the existing tower.

      • 2. A copy of all responses within thirty (30) days from the mailing date of the letter required by subsection (1); and

      • 3. A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower.

      • 4. A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible.

      • 5. Provision of sound engineering evidence demonstrating the location of the tower as proposed is necessary in the interest of public safety or is a practical necessity.

(Ord. of 4-23-98(2))