Sec. 7-11-1    Definitions
Sec. 7-11-2    Telecommunications facilities
Sec. 7-11-3    Applicability
Sec. 7-11-4    General requirements
Sec. 7-11-5    Specific requirements
Sec. 7-11-6    Applications
Sec. 7-11-7    Inventory and tracking
Sec. 7-11-8    Collocation
Sec. 7-11-9    Separation allowances
Sec. 7-11-10    Location exceptions

Alternative tower structure shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals the presence of antennas and/or towers.  This term also includes any antenna or antenna array attached to the alternative tower structure.

Antenna shall mean any exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network shall mean the lines that connect a provider's tower/cell sites to one (1) or more cellular telephone switching offices and/or long distance providers, or the public switched telephone network.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Telecommunications facilities shall mean the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.

Telecommunication service shall mean the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

Telecommunication support facilities shall mean support buildings, structures and equipment cabinets containing electrical and mechanical equipment and devices used for the reception or transmission of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.

Tower shall mean any structure 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 and other similar structures.  This term also includes any antenna or antenna array attached to the tower structure.

Tower height shall mean, when referring to a tower or other alternative tower structure, the distance measured from the lowest point within ten (10) feet of the structure to the highest point on the tower or other alternative tower structure, including the base pad and any antenna.  (Ord. 531 §1, 2006)

(1)    To protect residential areas and lands by minimizing adverse impacts of towers.
(2)    To encourage the location of towers in nonresidential zone districts.
(3)    To minimize the total number of towers in the community.
(4)    To encourage the joint use of new and existing tower locations.
(5)    To ensure that towers are located in areas that minimize adverse impacts.
(6)    To ensure that towers and antennas are configured in a way that minimizes adverse visual impacts by careful design, appropriate siting, landscape screening and innovative camouflaging techniques.
(7)    To enhance the ability to provide telecommunications services to the community quickly, effectively and efficiently.
(8)    To consider public health and safety of telecommunications facilities.
(9)    To avoid damage to adjacent properties from tower failure through careful engineering and locating of tower structures.
(10)    To encourage the attachment of antennas to existing structures.
(11)    To facilitate the provision of telecommunications services throughout the Town.  (Ord. 531 §1, 2006)

(1)    To the extent possible, any tower or antenna (not more than seventy [70] feet in height, owned and operated by a federally licensed amateur radio station operator or used exclusively as a receive-only facility), must use materials, colors and screening that create compatibility with the surrounding neighborhood.
(2)    Antennas designed to receive direct over-the-air broadcast services (DBS), including direct-to-home satellite services, or are designed to receive over-the-air video programming services, including multi-channel multipoint distributor services (MMD), television broadcast signals (TVBS), instructional television, fixed services, and local multipoint distributor services that are one (1) meter or less in diameter or diagonal measurement.  (Ord. 531 §1, 2006)

(a)    Towers, antennas and telecommunications support facilities shall be regulated and permitted pursuant to this Section and shall not be considered utilities.
(b)    Towers are allowed in nonresidential zone districts and shall:

(1)    Be considered a permitted use and the existence of another structure or use on the same zone lot shall not preclude the installation of a tower;
(2)    Comply with the regulations contained herein and the zone district regulations for permitted structures in the zone district in which it is located.  The dimensions of the entire zone lot shall apply and not the dimensions of the leased parcel; and
(3)    Have a diameter of not more than forty-eight (48) inches measured at the base of the tower;

(c)    Antennas not attached to a tower and its associated telecommunications support facilities may:

(1)    Be located in any zone district on any nonresidential structure; or
(2)    Be considered a permitted use; and the existence of another structure or use on the same zone lot shall not preclude the installation of an antenna.

(d)    Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of the issue date of the notice to remove the tower or antenna.
(e)    Antennas, towers and alternative tower structures, their associated antennas and arrays and telecommunications support facilities shall be subject to design review and approval.  Applicants may submit their designs for pre-approval subject to the same procedures outlined herein.  Designs for antennas, towers, alternative towers structures, their associated antennas and arrays and telecommunications support facilities shall be submitted to the Town Administrator for design review.  Upon submission of a complete application for design review, the Town Administrator shall establish a schedule for processing the application.  Design review shall be completed within thirty (30) days of the date designated in the schedule, except that the review period may be extended by an amount of time equal to any delay caused by the applicant.  In reviewing the design of towers, the Town Administrator shall consider the goals and requirements set forth in this Section.  Within seven (7) days after receiving recommendations, the Town Administrator shall approve, approve with conditions or deny the application.  A reasonable design review fee shall be assessed at the time of submittal.  (Ord. 531 §1, 2006)

(1)    Towers and/or antennas:

a.    The design of antennas and telecommunications support facilities shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures.
b.    Signs shall be limited to those signs required for cautionary or advisory purposes only.
c.    The mass of antennas or an antenna on a tower shall not exceed four hundred fifty (450) cubic feet per user, with no one (1) dimension exceeding fourteen (14) feet per user.  The mass shall be determined by the appropriate volumetric calculations using the smallest regular rectilinear, cuboidal, conical, cylindrical or pyramidal geometric shapes encompassing the entire perimeters of the array.

(2)    Towers:

a.    Setbacks:  The minimum zone district setback requirements shall apply to all towers.
b.    Height:  The height and bulk of the tower shall be controlled by the district regulations of the zone district in which the tower is located, but in no case shall it exceed the following maximum heights:

1.    Single users – not more than seventy-five (75) feet in height;
2.    Two (2) or more users – not more than ninety (90) feet in height;

c.    Color:  Towers shall be finished in a neutral color to reduce visual obtrusiveness, subject to any applicable standards of the FAA.
d.    Support facilities associated with towers shall:

1.    Not contain more than three hundred fifty (350) square feet of gross floor area or be more than twelve (12) feet in height per user;
2.    Maintain the minimum setback and bulk plane requirements of the zone district in which it is located.
3.    Provide solid view-obscuring security fencing not less than six (6) feet in height;
4.    Provide landscaping in accordance with the following requirements:

a)    The tower compound shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base and compound from property used for residences.  The standard buffer shall consist of a landscaped strip of at least five (5) feet wide outside the perimeter of the compound and shall provide for and maintain minimal landscaping on the remainder of the zone lot;
b)    In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived; and
c)    Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.  For towers located on large, wooded lots, natural growth around the property perimeter may be considered a sufficient buffer.

e.    Lighting:  Towers shall not be artificially illuminated unless required by the FAA or other governmental regulation.  Ground level security lighting not more than twenty (20) feet in height may be permitted if designed to minimize impacts on adjacent properties.
f.    Separation requirements:  The following separation requirements shall apply to all towers:

1.    Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.  If the requested separation distance is greater than or equal to the distance in Subparagraph (d)(2)f.1 above, the Town Administrator can proceed to process the application hereunder.  If the requested separation distance is less than the separation distances provided in Table 1, but more than or equal to one hundred (100) feet, the provisions of Subsection (h) below shall apply.
 

 

2.    Separation distances between towers shall be maintained and measured between the proposed tower and pre-existing towers.  The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base of the proposed tower, pursuant to a site plan of the proposed tower.  If the requested tower separation distance is greater than or equal to the distance in Subparagraph (d)(2)f.2 above, the Town Administrator can proceed to process the application hereunder.  If the requested tower separation is less than the separation distance as provided in Table 2, but more than or equal to five hundred (500) feet, the provisions of Subsection (h) below shall apply.

 

3.    Antennas:  installed on a structure other than a tower:

a)    Height and bulk plane:  Height and bulk of the antenna shall be controlled by the district regulations of the zone district in which it is located, except that antennas shall not extend more than fourteen (14) feet beyond the highest point of the building or structure to which it is attached.
b)    Telecommunications support facilities:

1)    Telecommunications support facilities may be located on the roof of a building;
2)    The antenna and telecommunications support facilities shall be a neutral color that is identical to, or closely compatible with, the color of the supporting structure.

(3)    The telecommunications support facilities shall not contain more than three hundred fifty (350) square feet of gross floor area or be more than twelve (12) feet in height per user;
(4)    If the telecommunications support facilities are located at grade, they shall comply with all the same requirements as those for towers in the preceding Subparagraph (d)(2)d.  (Ord. 531 §1, 2006)

(a)    Every applicant for a tower shall provide the Town Administrator with:

(1)    The first application for a permit by a provider or an applicant for a provider shall include an inventory of all of that provider's existing towers, antennas or sites approved for towers or antennas that are either within the Town or within one thousand (1,000) feet of the border thereof, and the provider shall also comply with the inventory and tracking requirement of this Section.
(2)    The identification of its backhaul providers, updated on at least an annual basis, and the method of providing backhaul, wired or wireless.
(3)    A vicinity map drawn to scale showing adjacent land uses that require separation and

zoning within one thousand (1,000) feet, including those in adjacent municipalities and the County;
(4)    Upon the request of the Town Administrator or a member of the Town Board, or their designees, the telecommunications provider shall meet with the requesting official and provide him or her with information concerning the proposed system design, which information shall not be reduced to writing and shall be treated as a confidential trade secret.
(5)    A scaled set of plans containing the following information:

a.    Location and legal description of the proposed site.
b.    Type and height of the proposed tower.
c.    On-site land uses and zoning.
d.    Adjacent roadways.
e.    Proposed means of access.
f.    Setbacks from property lines.
g.    Architectural elevation drawings of the proposed tower and any other telecommunications support facilities.
h.    Site topography.
i.    Parking.
j.    A landscape plan showing specific landscape materials;
k.    The method of fencing, finished color and, if applicable, the method of camouflage and illumination.

(b)    Every applicant for an antenna shall provide the Town Administrator with the information required in Subparagraph (e)(1)e above, where applicable.
(c)    The Town Administrator may share information, except for the confidential proposed system design, with other applicants applying for administrative approvals or use exceptions under this Section or other organizations seeking to locate towers/antennas in the Town, except that the Town Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.  (Ord. 531 §1, 2006)

(1)    The tower shall be the same type as the existing tower, unless the tower is replaced by a monopole not more than forty-eight (48) inches in diameter.
(2)    An existing tower, to accommodate the collocation of an additional antenna, may be modified or rebuilt only once to a taller height not to exceed thirty (30) feet more than the tower's existing height.
(3)    The additional height referred to in Paragraph (g)(2) above shall not require an additional distance separation as set forth in Table 2 of Subparagraph (d)(2)f.2 above.  The tower's pre-modification height shall be used to calculate distance separations.
(4)    The existing tower shall comply with the separations from certain uses and zones in Table 1 of Subparagraph (d)(2)f.1 above.
(5)    If a tower is replaced to accommodate collocation, only one (1) tower may remain on the zone lot.
(6)    If a tower is relocated on site in compliance with all setback requirements, and within a twenty-five-foot radius of its existing location, under the terms and conditions of this Section, it shall not be deemed a violation of the separation requirements of Subparagraph (d)(2)f above.  (Ord. 531 §1, 2006)

(1)    Submittal requirements:  In addition to the application requirements of Subsection (e) above and a reasonable review fee, the Town Administrator may require that the applicant submit for review the following information or items, if applicable:

a.    Legal description of the zone lot and leased parcel (if applicable).
b.    The setback distance between the base of the proposed tower and the nearest residential dwelling unit, platted residentially zoned properties and unplatted residentially zoned properties.
c.    The separation distance from other towers located within one thousand (1,000) feet of the base of the proposed tower shall be shown on an updated site plan or map.  The applicant shall also identify the type of construction of the existing tower and the owner/operator of the existing tower, if known.
d.    A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future use.
e.    A description of the suitability of the use of existing towers, other structures, locations or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
f.    Such other information as is deemed by the Town Administrator to be necessary to render a determination.

(2)    Notification and certification requirements:  Using a notice form supplied by the Town Administrator, the applicant shall promptly notify all property owners within five hundred (500) feet of the proposed tower and registered neighborhood organizations whose boundaries contain or are within two hundred (200) feet of the proposed tower.  Such notice shall indicate the boundaries of the property included in the application, shall explain the character and dimensions of the proposed telecommunications tower, the nature and applicable separation distances and shall give directions for submitting written comments.  The notice shall also include notice of a date not less than thirty (30) days after the delivery of the notice which has been set by the Town Administrator for consideration of the application and any written comments related thereto and that a public hearing may be requested.  The applicant shall also file a statement with the Town Administrator stating how and on what date the applicant has so notified said adjoining property owners and registered neighborhood organizations.  The Town Administrator may solicit comments from other appropriate public agencies.
(3)    Posting requirements:  In addition to the written notice required above, the applicant shall post the property in a conspicuous location or locations determined by the Town Administrator.  The posted notices shall contain the same information as the written notices and shall be in number, size and location as required by the Town Administrator.  Such posted notices shall be removed by the applicant within forty-five (45) days after their posting; failure to remove such notices in a timely manner shall constitute a violation of this Chapter.
(4)    If no public meeting is requested:  If no timely request for a public meeting in accordance with Paragraph (h)(5) below is received, the Town Administrator shall consider the written comments of all interested parties and the factors contained in this Subsection.

a.    Findings required:  The Town Administrator may approve or approve with conditions the application, providing findings are made that the proposed telecommunications towers will:

1.    Not substantially or permanently injure the appropriate uses of adjacent property.
2.    Maintain the separation distances between towers and certain uses contained in Table 1 of Subparagraph (d)(2)f. of at least one hundred (100) feet and a distance of at least five hundred (500) feet from any other tower if the tower has a diameter or width of less than forty-eight (48) inches.
3.    Maintain a setback distance of two thousand five hundred (2,500) feet from a residential district or residential structure if the tower has a diameter or width of more than forty-eight (48) inches.
4.    Meet all zone district regulations.

b.    Considerations:  The Town Administrator shall consider the following factors in determining whether the application meets the goals contained in Subparagraph a. above.

1.    Height of the proposed tower.
2.    Proximity of the tower to residential structures and residential district boundaries.
3.    Nature of uses on adjacent and nearby properties.
4.    Surrounding topography.
5.    Surrounding tree coverage and foliage.
6.    Design of the tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
7.    Proposed ingress and egress.
8.    Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures.

c.    Conditions:  In approving with conditions, the Town Administrator may place such conditions on the approval as deemed necessary to advance the goals contained in Subsection (a) of this Section.  Such conditions may include, but are not limited to:

1.    Moving the location of the tower to a more appropriate site.
2.    Using a different technology that will lessen the impact of the tower.
3.    Requiring an appropriate alternative tower structure.
4.    Other actions which will disguise or otherwise lessen the impact of the tower.

(5)    If a public hearing is requested:  If a request for a public hearing is received from three (3) property owners within five hundred (500) feet of the proposed tower or from a registered neighborhood association whose boundaries contain or are within two hundred (200) feet of the proposed tower, the Town Administrator shall refer the application to the Town Clerk to arrange for a public hearing to be held within thirty (30) days from the date of request.

a.    Notification and posting:  All persons submitting comments or requests for a public hearing and all neighborhood organizations whose boundaries contain or are within two hundred (200) feet of the location of the proposed tower shall be notified of the date, time and location of the public hearing.  The applicant shall post the property in a conspicuous location or locations determined by the Town Administrator with a sign provided by the Town Administrator.  Such sign shall describe the proposed construction and the date, time and location of the public hearing.  The property shall be posted for fifteen (15) days prior to the hearing date.  Such posted notices shall be removed by the applicant within forty-five (45) days after their posting.  Failure to remove such notices in a timely manner shall constitute a violation of this Chapter.
b.    Recommendation:  Within forty-five (45) days of the public hearing, the Town Board shall approve, approve with conditions or deny the application.  In making its decision, the Town Board shall consider the comments at the public hearing, the purposes and goals of this Section 7-11-2 and the provisions of Subparagraphs (h)(4)a and b.  (Ord. 531 §1, 2006)

(1)    Findings required:  No exception hereunder shall be granted unless the Town Board finds that the proposed tower is necessary and essential to providing the applicant's telecommunications service.
(2)    Conditions:  In granting such exception, the Town Board shall place such conditions on the exception as will advance the goals contained in Section 7-11-2 of this Chapter.  Such conditions may include, but are not limited to:

a.    Moving the location of the tower or antenna to a more appropriate available site;
b.    Using a different technology that will lessen the impact of the tower antenna;
c.    Requiring an appropriate alternative tower structure; or
d.    Other actions which will disguise or otherwise lessen the impact of the tower or antenna.  (Ord. 531 §1, 2006)