HomeMy WebLinkAbout1997-12-19 COUNTY OF ALBEMARLE
Office of County Executive
401 Mclntire Road
Charlottesville Virginia 229024596
(804~ 296-5841 FAX (804~ 9724060
Albemarle County Board of Supervisors Meeting with Congressman Bliley
December 19, 1997
2:30 p.m.
Room 235, County Office Building
I. Call to Order
II. Welcome Remarks/Introduction
IIL Discussion Items of Interest
Telecommunication Towers and Regulation
Electric Utility Deregulatiort - Consumer tax on energy, if produced
outside of the State
Expectations for ISTEA Legislation and the Role of MPO's
Tobacco Control Program - Impact on Local Health Departments
Other Items From Congressman Bl~ley or Board Members
IV. Adjournment
RWT,lr/dbm
97.136
Presidem
Charles W. Curry
Augasta County
President-Elect
Wanda C. X)Ymgo
Boretourt County
First Vice President
~erris M. Belma~a, Sr.
Stafford County
Second Vice Presiden~
Jackson T. Ward
Hanover County
Secretary-Treasurer
Raymond F. Alsop
King and Queen Cotmty
Immediate Past President
]oha D. Jenkins
Prince William County
F~xecutive Director
James D. Campbe{l, CAE
General Counsel
C. Flippo Hicks
1001 East Broad Street
Suite LL 20
Richmond. Virgiaia
23219-1928
(8041 788-6652
FAX (804) 788-0083
E-mail: VACo95@aol.com
Web ~ite: www.¥aco.org
VIRGINIA ASSOCIATION OF COUNTIES
To: County Administrators, Managers, and Executives
From: Ellen Davenport
Subj.: Attached Telecommunications Model Ordinance
Date: December 12, t997
Enclosed please find the Telecommunications Model Ordinance developed by a
working group of.VACo's Telecommunications Task Force.
We thought it might be of use to those of you still in the process of developing your
own telecommunications ordinance. Please feel free to distribute it to your plan~ing
. director and/or county attorney.
If you have any questions, please do not hesitate to give me a call at (804) 343-2503.
Telecommunications Model Ordinance
Virginia Association of Counties
December 1997
This model ordinance has been prepared by the Virginia Associaffon of Counties for use
in adopting local ordinances to regulate telecommunications antennas and towers. It
must be customized by supplying the names of the appropriate departments and govern-
ing bodies as well as the heights and distances deemed appropriate by the locality. We
recommend that localities obtain the advice of experienced legal counsel in modi~ing its
provisions. Provisions may need to be updated as new technologies are developed.
Acknowledgments
This model ordinance was developed by a special working group in response to direction from the
Board of Directors of the Virginia Assoc'mtion of Counties and the Virginia Association of Counties'
Telecommunications Task Force.
Telecommunications Model Ordinance working group members
Robert B. Dickerson, Assistant County Attorney, Prince William County
William D. Fritz. Senior Planner, Albemarle County
J. T. Tokarz, Assistant County Attorney, Henrico County
Staff: Ellen R. Davenport, Director of Pubtic Finance, Virginia Association of Counties
Members of VACo's Telecommunications Task Force
Charles W. Curry, Augusta County Board of Supervisors(CHAIR)
Raymond F. Alsop, King and Queen Board of Supervisors
Teresa L. Altemus, Gloucester County Board of Supervisors
R. B. Clark, Charlotte County Administrator
Pablo Cuevas. Rockingham County Board of Supervisors
Jorge Gonzalez, Asst. County Manager, Arlington County
Charlotte Y. Humphris, Albemarle County Board of Supervtsors
Gerald W. Hyland, Fairfax County Board of Supervisors
John D. Jenkins. Prince Will/am County Board of Supervisors
Steven L. Micas, Chesterfield County Attorney
Waiter N. Munster, Jr., Cable Division, Fairfax County
Sharon E. Pandak, Prince W'rlliam County Attorney
Joseph S. Paxton, Deputy County Administrator, Rockingham County
L. Kimball Payne, Spotsylvania County Administrator
Paul N. Proto, Dkector of General Services, Hendco County
Jack T. Ward, Hanover County Board of Supervisors
Wanda C. Wingo, Botetourt County Board of SuperVisors
The Virginia Association of Counties exists to
support county officials and to effectively repre-
sent, promote and prot, ct the interests of counties
to better serve the people of Virginia.
STANDARDS FOR TELECOMMUNICATION
ANTENNAS AND TOWERS
ARTICLE 1 - DEFINITIONS
AlternatiVe tower structure. Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage or conceal
the presence of antennas or towers.
Antenna. Any apparatus designed for telephonic, data, radio, or television
communications through the sending and/or receiving of electromagnetic waves.
3. FAA. The Federal Aviation Administration.
4. FCC, The Federal Communications CommiSsion.
Height. When referring to a tower or other structure, the distance measured from
ground level to the highest point on the tower or other structure, even if the highest
point is an antenna or lightning rod.
Tower. Any structure that is des:gned and constructed primarily for the purpose of
supporting one or more antennas, including self-suppoxting lattice towers, guy
towers, or monopole towers. The term includes radio and television transmission
towers, microwave towers, common-currier towers, cellular telephone towers,
alternative tower structures, and the like.
ARTICLE 2 - USE REGULATIONS
Section 2.00
TELECOMMUNICATION TOWERS AND ANTENNAS
The purpose of this ordinance is to estabhsh general guidelines for the siting of towers and
antennas. The goals of this ordinance are to: (i) encourage the location of towers in non-
residential areas and minimize the total number of towers and tower sites throughout the
community, (ii) encourage strongly the joint use of new and existing tower sites, (iii)
encourage users of towers and antennas to locate them. to the extent possible, in areas
where the adverse impact on the community is minimal, (iv) encourage users of towers and
antennas to configure them ~ a way that minimizes the adverse visual impact of the towers
and antennas and (v) to provide adequate sites for the provision of teleco~innunlcation
services with minimal negative impact on the resources of the County.
Tiffs ordinance is intended to comply with all federal and'state regulations.
2.01 Applicabiliw.
2.01-1
District Height Limitations. The requkements set forth in this ordinance
shall govern the location of towers that exceed, and antennas that are
installed at greater than, fifty (50) feet in height.
2.01-2
Amateur Radio andReceive-Only Antennas. This ordinance shall not
govern any tower, orthe installation of any antenna, that is (1) under 50 feet
in height and is owned and operated by a federally-hcensed amateur radio
station operator or is (2) used exclusively for receive only antennas for
amateur radio station operation.
2.01-3
2.02
2.02~ 1
2.02-2
2.02-3
Existing Structures andTowers. The placement of an antenna on or in an
existing swacmre such as a building, sign, ligjat pole, water tank, or other
free-standing srrncture or existing tower or pole shall be permitted so long
as the addition of said antenna shall not add more than twenty (20) feet in
height to said structure or tower and shall not require additional lighting
pursuant to FAA or other applicable requirements. Such permitted use
also may include the placement of additional buildings or other supporting
equipment used in connection with said antemia so long as such bu/lding or
equipment is placed within the existing swacmre or property and is
necessary for such use.
General Guidelines and Requirements.
Principal or Accesso _ry Use. For purposes of determining compliance with
area requirements, antenna and towers may be considered either principal
or accessory uses. An existing use or an existing structure on the same lot
shall not preclude the installation of antennas or towers on such lot. For
purposes of determining whether the installation of a tower or antenna
complies with district regulations, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased area
within such lots. Towers that are constructed, and antennas that are
instal/ed, in accordance with the provisions of this ordinance shall not be
deemed to constitute the expansion of a nonconforming use or structure.
Inventory_ of Existing Sites. Each applicant for an antenna and or tower
shall provide to the [name of officeddept.] an inventory of its existing
facilities that are either within the locality or witl~n five miles of the
border thereof, including specific information about the location,
height, and existing use and available capacity of each tower. The
[name of office/dept.] may share such information with other applicants
applying for approvals or special use permits under this ordinance or other
organizations seeking to locate antennas with/n the jurisdiction of the
locality, provided, however that the [name of office/dept.] shall not. by
sharing such information, in any way represent or warrant that such sites
are available or suitable.
Design; Lighting. The requirements set forth in this section shall govern the
location of all towers and the installation of all antennas governed by this
ordinance; provided, however, that the [name of governing authority] may
waive any of these requirements if it determines that the goals of this
ordinance are better served thereby.
Towers shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA, be painted a neutral color, so
as to reduce visual obtrusiveness. Dish antennas wig be of a
neutral, non-reflective color with no logos.
At a facility site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that w/il blend the tower fac'ffit/es to the
natural setting and surronncting structures.
2.03
2.04
2.05
2.05-1
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with. the
color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
Towers shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the [name of
governing authority] may review the available lighting alternatives
~md approve the design that would cause the least disturbance to the
surrounding views~
No advertising of any type may be placed on the rower or
accompanying facility unless as part of retrofittiiag an existing sign
structure,
fo
To permit co-location, the tower shall be designed and constructed
to permit extensions to a maximum height of 199 feet.
Towers shall be designed to collapse within the lot lines* in case of
structural failure.
*Locality may wish to insert "lease area" instead of "lot lines."
Federal Requirements. All towers must meet or exceed current standards
and regulations of the FAA. the FCC and any other agency of the federal
government with the authority ro regulate towers and antennas.
Building Codes. To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with standards
contained in applicable federal, state and local building codes and
regulations.
Information Required. Each applicant requesting a special use permit under
this ordinance shall submit a scaled plan and a scaled elevation view and
other supporting drawings, calculations, and other documentation, signed
and sealed by appropriate licensed professionals, showing the location and
dimensions of all improvements, including information concerning
topography, radio frequency coverage, tower height reqmrements, set-
backs, drives, parking, fencing, landscaping and adjacent uses. [Name of
governing authority] may require other information to be necessary to
assess compliance with this ordinance. Additionally, applicant shall
provide actual photographs of the site that include a simulated photographic
image of the proposed tower. The photograph with the simulated imag~
shall include the foreground, the midground, and the background of the
site.
An engineering report, certifying that the proposed tower is compatible for
co-location with a minimum of three (3) users including the primary user,
must be submitted by the applicant. Th/s provision may be waived by a
governing body in a particular case.
3
2.05-2
2.05-3
2.05-4
2.06
2.07
The applicant shall notify adjoining property owners by certified letter
concerning the project 14 days prior to public heatings before the Planning
Commission and Board of Supervisors.
Note: LocaIi~ies which provide notice for the applicant do not need to
include this sectiom
The applicant shall provide copies of its co-location policy.
The applicant shall provide Copies of Propagation maps demonstrating that
antennas and Sites for possible co-i0cator antennas are no higher in elevation
than necessary.
Factors Considered in Granting Special Use Perm/ts for New Towers
The applicant Shall obtain a special use permit from [name of
governing authority] before erecting towers or antennas covered by this
article. [Name of governing authority] shall consider the following factors
in deterrrdning whether to issue a special use permit, although [name of
govenfing authority] may waive or reduce the burden on the applicant of
one or more of these criteria if [name of governing authority] concludes
that the goals of this ordinance are better served thereby.
a. Height of the proposed tower:
Proximity of the tower to residential structures and
residential dislrict boundaries:
c. Nature of the uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Proposed ingress and egress;
h. Co-location policy;
i. Language of the lease agreement dealing with co-location;
Consistency with the comprehensive plan and the purposes to be
served by zoning;
Availability of suitable existing towers and other structures as
discussed below; and
1. Proximity to commercial or private airports.
AvailabiliW of Suitable Existing Towers or Other Structures. No new tower
shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of [name of governing authority] that no existing tower or
structure can accommodate the applicant's proposed antenna. Evidence
4
2.08
2.09
2.10
submitted to demonstrate that no existing tower or structure can
accommodate the applicant's proposed antenna may consist of any of the
following:
No existing towers or structures are located within the geographic
area required to meet applicant's engineering requirements.
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or-the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner m
order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. COsts exceeding
the cost of new tower development are presumed to be
unreasonable.
The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
Setbacks. The following setback requirements shall appl~ to all towers and
antennas for which a special use permit is required; provided, however, that
[name of governing authority] m~y reduce the standard setback
requirements if the goals of this ordinance would be better served thereby.
The tower must be set back from any off~site residential structure no
less than 400 feet.
b. Tqwers, guys, and accessory facilities must satisfy the minimum
zoning district setback requirements for primary structures.
Security Fencing. Towers shall be enclosed by security fencing not less
than six (6) feet in height and shall also be eq~pped with an appropriate
anti-climhing device: provided, however, that [name of governing
authority] may waive such requirements, as ii deems appropriate.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that [name of goverulng authority] may waive such
requirements ff the goals of this ordinance would be better served thereby.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screen the view of the support buildings from
adjacent property. The standard buffer shall consist of a landscaped
strip at least four (4) feet wide outside the perimeter of the facilities.
2.11
2.12
2.13
2.14
In locations in which [name of governing authority] finds that
the visual impact of the tower would be minimal, the landscaping
requirement may be reduced or waived aitogether,
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such
as towers sited on large, wooded lots, [name of govermng
authority] may determine the natural growth around the property
perimeter may be sufficient buffer.
Existing trees within 200 feet of the tower shall not be removed
except as may be authorized to permit construction of the tower and
installation of access for vehicle utilities, This provision may be
waived by a governing body in a particular case,
Local Government Access. Owners of towers shall provide the County
co-location opportunities as a community benefit to improve radio
communication for County departments and emergency services, provided
it does not conflict with the co-location requirement of 2.05-1.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of twenty-four months shall be
considered abandoned, and the owner of each such~antenna or tower shall
remove same within ninety (90) days of receipt of notice from [name of
governing authority] notifying the owner of such removal equipment
requirement. Removal includes the removal of the tower, all tower and
fence footers, underground cables and support buildings. The buildings
may remain with owner's approval. If there are two (2) or more users of a
single tower, then th/s provision shall not become effective until al/users
cease using the tower.
Required Yearly Report. The owner of each such antenna or tower shall
submit a report to [name of governing authority] once a year, no later than
July 1. The report shall state the current user stares of the tower.
Review Fees. Any out of pocket costs incurred for review by a licensed
engineer of any of the above required information shall be paid by the
applicant.
Telecommunications Model Ordinance
Virginia Association of Counties
De6ember 1997
This model ordinance has been prepared by the Virginia Association of Counties for use
in adopting local ordinances ro regulate telecommunications antennas and towers. It
must be customized by supplying the names of the apprapriate departments and govern-
lng bodies as well as the heights and distances deemed appropriate by the locality. We
recommend that localities obtain the advice of experienced legal counsel in modifying its
provisions. Provisions may need to be updated as new technologies are developea~
Acknowledgments
This model ordinance was developed by a special working group irt response to dkection from the
Board of Directors of the Virginia Association of Counties and the Virginia Association of Counties'
Telecommunications Task Force.
Telecommunications Model Ordiffance working group members
Robert B, Dickerson, Assistant County Attorney, Prince William County
William D. Fritz, Senior Planner, Albemarle County
J. T. Tokarz, Assistant County Attorney, Henrico County
Staff: Ellen R. Davenport, Director of Pubtic Finance, Virginia Association of Counties
Members of VACo's Telecomnmnications Task Force
Charles W. Curry, Augusta County Board of Supervisors(CHAIR)
Raymond F. Alsop, King and Queen Board of Supervisors
Teresa L. Altemus, Gloucester County Board of Supervisors
R. B. Clark, Charlotte County Administrator
Pablo Cuevas, Rockingham County Board o~ Supervisors
lorge Gonzalez, Asst. County Manager, Arlington County
Charlotte Y. Humphris, Albemarle County Board of Supervisors
Gerald W. Hyland, Fairfax County Board of Supervisors
John D. Jenkins, Prince William County Board of Supervisors
Steven L. Micas, Chesterfield County Attorney
Walter N. Munster, Jr., Cable Division, Fairfax County
SharOn E. Pandak, Prince William Coun~y~ Attorney
Joseph S. Paxton, Deputy County Administrator, Rockingham County
L. Kimball Payne, Spotsylvania County Administrator
Paul N. Proto, Director of General Services, Henrico County
lack T. Ward, Hanover County Board of Supervisors
Wanda C. Wingo, Botetourt County Board of Supervisors
The Virginia Association oj" Counties exists to
support county officials and to effectively repre-
sent, promote and protect the interests of counties
to better serve the people of Virginia.
STANDARDS FOR TELECOMMUNICATION
ANTENNAS AND TOWERS
ARTICLE 1 - DEFINITIONS
Alternative tower structure. Man-made trees, clock towers, bell steeples, light potes
and similar alternative-design mounting structures that camouflage or conceal
the presence of antennas or towers.
Antenna. Any apparatus designed for telephonic, data, radio, or television
communications through the sending and/or receiving of electromagnetic waves.
3. FAA. The Federal Aviation Administration.
4. FCC. The Federal Communications Commission.
Height. When referring to a tower or other structure, the distance measured from
ground level to the nighest point on the tower or other structure, even if the nighest
point is an antenna or lightning rod.
Tower. Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including self-supporting lattice towers, guy
towers, or monopole towers. The term includes radio and television transmission
towers, microwave towers, common-carder towers, cellular telephone towers,
alternative tower strncmres, and the like.
ARTICLE 2 - USE REGULATIONS
Section 2.00
TELECOMMUNICATION TOWERS AND ANTENNAS
The purpose of this ordinance is to establish general guidelines for the siting of towers and
antennas. The goals of this ordinance are to: (i) encourage the location of towers in non-
residential areas and minimize the [otal number of towers and tower sites throughout the
community, (ii) encourage strongly the joint use of new and existing tower sites,
encourage users of towers and antennas to locate them, to the extent possible, in areas
where the adverse impact on the community is minimal, (iv) encourage users of towers and
antennas to confignre them in a way that minimizes the adverse visual impact of the towers
and antennas and (v) to provide adequate sites for the provision of telecommunication
services with minimal negative impact on the resources of the County,
This ordinance is intended to comply with all federal and state regulations.
2.01 Applicability.
2.01-1
District Height Limitations. The requirements set forth in this ordinance
shah govern the location of towers that exceed, and antennas that are
installed at greater than, fifty (50) feet in height.
2.01-2
Amateur Radio and Rec~ve-Onl¥ Antennas. This ordinance shall not
govern any tower, or the installation of any antenna, that is (I) under 50 feet
in height and is owned and operated by a federally-licensed amateur radio
station operator or is (2) used exclusively for receive only antennas for
amateur radio station operation.
2.01-3
2.02
2.02-1
2.02-2
2.02-3
Existing Structures and'Towers. The placement of an antenna on or m an
existing structure such as a building, sign, light pole, water tank, or other
free-standing structure or existing tower or pole shall be permitted so long
as the addition of said antenna shall not add more than twenty (20) feet in
height to said structure or tower and shall not require additional lighting
pursuant to FAA or other applicable requirements. Such permitted use
also may include the placement of additional buildings or other supporting
equipment used in connection with said antenna so long as such building or
equipment is placed within the existing structure or property and is
necessary for such use.
General Guidelines and Requirements.
Principal or Accessory Use. For purposes of determining compliance with
area requirements, antennas and towers may be considered either principal
or accessory uses. An existing use or an existing structure on the same lot
shall not preclude the idstallation of antennas or towem on such lot. For
purposes of determining whether the installation of a tower or antenna
complies with district regulations, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased area
within such lots. Towers that are constructed, and antennas that are
installed, in accordance with the provisions of this ordinance shall not be
deemed to constitute the expansion of a nonconforming use or structure.
Inventory of Existing Sites. Each applicant for an antenna and or tower
shall provide to the [name of office/dept.] an inventory of its existing
facilities that are either within the locality or within five miles of the
border thereof, including specific information about the location,
height, and existing use and available capacity of each tower. The
[name of office/dept.] may share such information with other applicants
applying for approvals or special use permits under this ordinance or other
organizations seeking to locate antennas within the jurisdiction of the
locality, provided, however that the [name of office/dept.] shall not, by
sharing such information, in any way represent or wawant that such sites
are available or suitable.
Design; Lighting. The requirements set forth in this section shall govern the
location of all towers and the installation of all antennas governed by this
ordinance; provided, however, that the [name of governing authority] may
waive any of these requirements if it determines that the goals of this
ordinance are better served thereby.
Towers shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA, be painted a neutral color, so
as to reduce visual obtrusiveness. Dish antennas will be of a
neutral, non-reflective color with no logos.
At a facility site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend the tower facilities to the
natural setting and surrounding structures.
2
2.0t
2.04
2.05
2.05-1
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with, the
color of the supporting stmetore so as to make the antenna and
related eqmpment as visually unobtrusive as possible.
Towers shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the [name of
governing authority] may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views.
No advemsing of any type may be placed on the tower or
accompanying facility unless as part of retrofitting an existing sign
structure.
fo
To permit co4ocation, the tower shall be designed and constructed
to permit extensions to a maximum height of 199 feet.
go
Towers shall be designed to collapse within the lot lines* in case of
structural failure.
*Locality may wish to insert "lease area" instead of "lot lines."
Federal Requirements. All towers must meet or exceed current standards
and regulations of the FAA, the FCC, and any other agency of the federal
government with the attthority to regulate towers and antennas.
Building Codes. To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with standards
contained in applicable federal, state and local building codes and
regulations.
Information Required. Each applicant requesting a special use permit under
this ordinance shall submit a scaled plan and a scaled elevation view and
other supporting drawings, calculations, and other documentation, signed
and sealed by appropriate licensed professionals, showing the location and
dimensions of all improvements, including information concerning
topography, radio frequency coverage, tower height requirements, set-
backs, drives, parking, fencing, landscaping and adjacent uses. (Name of
governing authority] may require other information to be necessary to
assess compliance with this ordinance. Additionally, applicant shall
provide actual photographs of the site that include a simulated photographic
image of the proposed tower. The photograph with the simulated image
shall include the foreground, the midground, and the background of the
site.
An engineering report, certifying that the proposed tower is compatible for
co4ocation with a minimum of three (3) users including the primary user,
must be submitted by the applicant. This provision may be waived by a
governing body in a particular case.
3
2.05-2
2.05-3
2.054
2.06
The applicant shall notify adjoining property owners by certified letter
concerning the project 14 days prior ro public heanngs before the Planning
Commission and Board of Supervisors.
Note: Localities which provide notice for the applicant do not need to
include this section.
The applicant shall provide copies of its co-location policy.
The applicant shall provide copies of propagation maps demonstrating that
antennas and sites forpossible co-locator antennas are no higher in elevation
than necessary.
Factors Considered in Granting Special Use Permits for New Towers
The applicant shall obtain a special use permit from [name of
governing anthorityl before erecting towers or antennas covered by this
article. [Name of governing authority] shall consider the following factors
in determining whether to issue a special use permit, although [name of
governing authority] may waive or reduce the burden on the applicant of
one or more of these criteria if [name of governing authority] concludes
that the goals of this ordinance axe better served thereby.
a. Height of the proposed tower;
Proximity of the tower to residential structures and
residential district boundaries;
c. Nature of the uses on adjacent and nearby properties;
d Surrounding t61~ography;
e. Surrounding tree coverage and foliage;
Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Proposed ingress and egress;
h. Co-location policy;
i. - Language of the lease agreement dealing with coqocation;
Consistency with the compreheusive plan and the purposes to be
served by zoning;
Availability of suitable existing towers and other structures as
discussed below; and
1. Proximity to commercial or private airports.
Availabili~ of Suitable Existing Towers or Other Structures. No new tower
shall be permitted unless the applicant demonswates to the reasonable
satisfaction of [name of governing authority] that no existing rower or
structure can accommodate the applicant's proposed antenna_ Evidence
4
2.08
2.09
2.10
submitted to demonstrate that no existing tower or structure can
accommodate the applicant's proposed antenna may consist of any of the
following:
No existing towers or structures are located within the geographic
area required to meet applicant's engineering requirements.
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
Existing towers or structures do not have sufficiem structural
stre.ngth to support applicant's proposed antenna and related
eqmpment.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding
the cost of new tower development are presumed to be
unreasonable.
The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
Setbacks. The following setback requirements shall apply to all towers and
antennas for which a special use permit is required; provided, however, that
[name of governing authorityl may reduce the standard setback
requirements if the goals of this ordinance would be better served thereby.
ao
The tower must bq set back from any off-site residential structure no.
less than 400 feet.
Towers, guys, and accessory facilities must satisfy the minimum
zoning district setback requirements for primary structures.
Security Fencing. Towers shall be enclosed by security fencing not less
than six (6) feet in height and shall also be equipped with an appropriate
anti-climbing device; provided, however, that [name of governing
authority] may waive such requirements, as it deems appropriate.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that [name of govermng authority] may waive such
requirements if the goals of this ordinance would be better served thereby.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screen the view of the support buildings from
adjacent property. The standard buffer shall consist of a landscaped
strip at least four (4) feet wide outside the perimeter of the facilities.
2.11
2.12
2.13
2.14
In locations in which [name of governing authority] finds that
the visual impact of the tower would be minimal, the landscaping
requirement may be reduced or waived altogether.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such
as towers sited on large, wooded tots, [name of governing
authority] may determine the natural growth around the property
perimeter maybe sufficient buffer.
Existing trees within 200 feet of the tower shall not be removed
except as may be authorized to permit construction of the tower and
installation of access for vehicle utilities. This provision may be
waived by a governing body in a particular case.
Lodal Government Access. Owners of towers shall provide the County
co-location opportunities as a commumty benefit to improve radio
communication for County departments and emergency services, provided
it does not conflict with the co-location requirement of 2.05-1.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of twenty-four months.shall be
considered abandoned, and the owner of each such antenna or tower shall
remove same within ninety (90) days of receipt of notice from [name of
governing authority] notifying the owner of such removal equipment
requirement. Removal includes the removal of the tower, all tower and
fence footers, underground cables and support buildings. The buildings
may remain with owner's approval. If there are two (2) or more users of a
single tower, then this provision shall not become effective until all users
cease using the tower.
Required Yearly Report. The owner of each such antenna or tower shall
submit a report to [name of governing authority] once a year, no later than
July I. The report shall state the current user status of the tower.
Review Fees. Any out of pocket costs incurred for review by a licensed
engineer of any of the above required information shall be paid by the
applicant.
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