[Ord. No. 357 §1, 7-9-2002]
A.
Purposes. The general purpose of this Chapter is to regulate
the placement, construction and modification of towers and telecommunications
facilities in order to protect the health, safety and welfare of the
public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications marketplace
in the Village.
B.
Specifically,
the purposes of this Chapter are:
1.
To regulate the location of towers and telecommunications facilities
in the Village;
2.
To protect residential areas and land uses from potential adverse
impact of towers and telecommunications facilities;
3.
To minimize adverse visual impact of towers and telecommunications
facilities through careful design, siting, landscaping and innovative
camouflaging techniques;
4.
To promote and encourage shared use/collocation of towers and antenna
support structures as a primary option rather than construction of
additional single-use towers;
5.
To avoid potential damage to property caused by towers and telecommunications
facilities by ensuring that such structures are soundly and carefully
designed, constructed, modified, maintained and removed when no longer
used or determined to be structurally unsound;
6.
To ensure that towers and telecommunications facilities are compatible
with surrounding land uses;
7.
To facilitate the provision of wireless telecommunications services
to the residents and businesses of the Village in an orderly fashion;
and
8.
To encourage the location of towers in industrial and business districts
rather than residential areas.
[Ord. No. 357 §2, 7-9-2002]
The following words, terms and phrases, when used in this Section,
shall have the meanings ascribed to them in this Chapter, except where
the context clearly indicates a different meaning:
Any building or other structure sixty (60) feet in height
or taller other than a tower which can be used for location of telecommunications
facilities.
The process by which the owner of a plot of land within the
Village submits a request to develop, construct, build, modify or
erect a tower upon such land. Application includes all written documentation,
verbal statements and representations, in whatever form or forum,
made by an applicant to the Village concerning such a request.
An electrical engineer licensed by the State of Missouri.
A tower that is in existence or is being constructed on the
effective date of this Chapter.
Any person with fee simple title to any legal lot of record
within the Village who desires to develop, construct, build, modify
or erect, or allow the development, construction, building, modification
or erection, of a tower upon such land.
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not for profit.
A radio frequency engineer licensed by the State of Missouri.
All equipment necessary for processing of traffic received
from terrestrial distributions prior to transmission via satellite
and of traffic received from the satellite prior to transfer of channels
of communication to terrestrial distribution systems.
The State of Missouri.
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of communications (other than radio or television broadcast communications)
which a person seeks to locate or have installed upon or near a tower
or antenna support structure. However, the term telecommunications
facilities shall not include:
A self-supporting lattice, guyed or monopole structure constructed
from grade which supports telecommunications facilities. The term
tower shall not include amateur radio operators' equipment as licensed
by the FCC.
The person that owns or controls a tower.
The Village of Country Club, Missouri.
[Ord. No. 357 §3, 7-9-2002]
A.
A tower shall be a permitted use of land in all non-residential zoned areas subject to the setback and height restrictions contained in Sections 420.050 and 420.060. Further, no person shall build, erect or construct a tower upon any land used or zoned for residential purposes unless a conditional use permit shall have been issued by the Board of Trustees of the Village. Application shall be made to the Village Clerk in the manner provided.
B.
The
Village may authorize the use of Village property in appropriately
zoned districts in accordance with the procedures of the Village.
The Village shall have no obligation whatsoever to use Village property
for such purposes.
C.
No
new tower shall be built, constructed or erected in the Village unless
such tower is capable of supporting another person's operating telecommunications
facilities comparable in weight, size and surface area to the telecommunications
facilities installed on the applicant's tower.
D.
An
application to develop a tower shall include:
1.
The name, address and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner and the name, address and telephone number of the owner shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions in Section 420.170 of this Chapter regarding abandonment;
2.
The legal description and address of the parcel of land upon which
the tower is situated;
4.
A written opinion from a radio frequency engineer that the proposed
site of the tower or telecommunications facilities does not pose a
risk of explosion, fire or other danger 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;
5.
A map of the Village and the first (1st) half (½) mile of
all bordering communities showing the design of the applicant's entire
existing or proposed wireless telecommunications network. Such map
shall, at minimum, indicate the exact location of all proposed or
existing tower and antenna sites, their dimensions, specifications
and signal area coverage;
6.
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
roadways as determined by the Village planner. The photo simulations
shall be taken at five (5) to six (6) feet above the ground at locations
most visible to residents and the general public;
7.
The results of any drive test data or other computerized signal area
coverage studies conducted by the applicant within the Village, including
a non-technical description of the results of the studies and implications
for tower siting in the Village;
8.
An application fee that represents the building permit fee and conditional
use permit fee as otherwise required. The Village reserves the right
to employ an outside consultant to review any application. The applicant
shall reimburse the Village for the expense related to such review
as an additional application fee, which fees shall not exceed two
thousand five hundred dollars ($2,500.00) per application;
9.
A site plan, including a description of the lot lines, setbacks,
location and use of adjacent structures, proposed location of the
tower, distances between telecommunications facilities, proposed tower
height, landscaping, screening, access, parking and security;
10.
Any of the following or a combination thereof:
a.
Written documentation that the applicant made diligent, but unsuccessful
efforts for permission to install or collocate the applicant's telecommunications
facilities on Village-owned towers or usable antenna support structures
located within a one-half (½) mile radius of the proposed tower
site;
b.
Written documentation that the applicant made diligent but unsuccessful
efforts to install or collocate the applicant's telecommunications
facilities on towers or usable antenna support structures owned by
other persons located within a one-half (½) mile radius of
the proposed tower site; or
c.
Written, technical evidence from a radio frequency engineer that
the proposed tower or telecommunications facilities cannot be installed
or collocated on another person's tower or usable antenna support
structure located within a one-half (½) mile radius of the
proposed tower site and must be located at the proposed site in order
to meet the coverage requirements of the applicant's wireless communications
system.
11.
All information submitted with an application that is trade secret
information or is for other reasons proprietary shall be clearly marked
as such when submitted with an application. The Village shall not
disclose publicly, or to any third (3rd) party, proprietary information
unless compelled to do so by Federal, State or local law.
[Ord. No. 357 §4, 7-9-2002]
A.
In
order to ensure that the Village's public safety radio services will
be free from harmful or destructive interference, all applicants requesting
a permit to site a tower or telecommunications facilities must:
1.
Demonstrate compliance with nationally accepted engineering practices;
2.
Demonstrate that the telecommunications facilities will not induce
harmful or destructive interference to the Village's public safety
radio services;
3.
Comply with FCC regulations at 47 C.F.R. Parts 15 and 90 regarding:
susceptibility to radio frequency interference, frequency coordination
requirements, general technical standards for power, antenna, bandwidth
limitations, frequency stability, transmitter measurements, operating
requirements and any and all other Federal statutory and regulatory
requirements relating to radio frequency interference (RFI); and
4.
In the case of collocation of telecommunications facilities either
in the same location or on the same tower as the Village's, comply
with FCC emissions requirements and not radiate any RFI or any electromagnetic
interference (EMI) that may interfere with the Village's public safety
radio services.
[Ord. No. 357 §5, 7-9-2002]
A.
All
towers in or adjacent to residential areas shall be set back on all
sides adjoining a parcel used for residential purposes a distance
equal to the height of the tower.
B.
Setback
requirements for towers shall be measured from the base of the tower
to the property line of the parcel on which it is located.
C.
The
minimum tower separation distance shall be calculated and applied
irrespective of Village and County jurisdictional boundaries.
D.
Every
tower shall be designed to fall within the boundaries of the parcel
on which the tower is located.
[Ord. No. 357 §6, 7-9-2002]
A.
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of fifty (50) meters. Towers may be permitted in excess of fifty (50) meters in accordance with Section 420.160 of this Chapter, Special Exceptions.
B.
The
tower height shall be measured from the lowest adjoining grade to
the highest point of construction and any attachment thereto.
[Ord. No. 357 §7, 7-9-2002]
Towers shall not be artificially illuminated 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 of three hundred (300) feet from the tower
and when required by Federal law, dual mode lighting shall be requested
from the FAA. A tower with dual mode lighting shall have, at the top
of the tower, lights that shine red in the evening and nighttime and
that strobe in the daytime.
[Ord. No. 357 §8, 7-9-2002]
All landscaping on parcels containing towers, antenna support
structures or telecommunication facilities shall be designed to screen
the tower, antenna support structure and telecommunications facilities
to a height of at least six (6) feet from grade and shall comply with
all landscaping requirements in the zoning district where the towers,
antenna support structures or telecommunications facilities are located.
If no landscaping is required, the tower shall be screened by a slight-obscuring
fence.
[Ord. No. 357 §9, 7-9-2002]
All towers must be reasonably posted and secured to protect
against trespass.
[Ord. No. 357 §10, 7-9-2002]
Access shall be provided to all legal lots of record upon which
towers are located. At least one (1) paved vehicular parking space
shall be provided on site.
[Ord. No. 357 §11, 7-9-2002]
A.
All towers shall be designed and certified by a structural engineer to be structurally sound and in conformance with the requirements of the Village's adopted Building and Electric Codes and all other construction standards set forth by this Section and other Village Code Sections as well as Federal and State law. This certification shall be required prior to the issuance of any building permit(s). For new monopole towers, such certification shall be submitted with an application pursuant to Section 420.030(D) and every five (5) years thereafter; for existing monopole towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every five (5) years thereafter; for new lattice or guyed towers, such certification shall be submitted with an application pursuant to Section 420.030(D) and every two (2) years thereafter; and for existing lattice or guyed towers, such certification shall be submitted within sixty (60) days of the effective date of this Chapter and then every two (2) years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
B.
The
Village and its agents shall have authority to enter onto 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 Village's Building and Electric Codes,
the National Electric Safety Code and all other construction standards
provided by the Village's Code and Federal and State law.
C.
The
Village reserves the right to conduct such inspections at any time
upon reasonable notice to the tower owner. All expenses related to
such inspections by the Village shall be borne by the tower owner.
[Ord. No. 357 §12, 7-9-2002]
A.
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.
B.
Tower
owners shall install and maintain towers, telecommunications facilities,
wires, cables, fixtures and other equipment in substantial 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.
C.
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.
D.
All
maintenance or construction on towers, communications facilities or
antenna support structures shall be performed by licensed maintenance
and construction personnel.
E.
All
towers shall maintain compliance with current radio frequency emission
standards of the FCC. In order to provide information to its citizens,
copies of ongoing FCC information concerning wireless communications
facilities and radio frequency emission standards shall be made available
to the Village and updated annually. Applicants shall be required
to provide information on the projected power density of the facility
and how this meets FCC standards.
F.
In the event the use of a tower is discontinued by the tower owner or in the event a tower owner files notice with the FCC of its interest to cease operating, the tower owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued. The tower owner shall also post a bond or other acceptable financial security as required in Section 420.170(B).
[Ord. No. 357 §13, 7-9-2002]
All towers and telecommunication facilities shall be designed
to blend into the surrounding environment.
[Ord. No. 357 §14, 7-9-2002]
A.
Any
telecommunications facilities which are not attached to a tower may
be permitted as an accessory use to any antenna support structure
at least thirty (30) 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.
B.
Any
telecommunications facilities and their appurtenances, located upon
the roof of an antenna support structure, are set back a distance
at least equal to the height of the telecommunications facilities
from the edge of the roof of the antenna support structure. However,
this setback requirement shall not apply to telecommunications facilities
and their appurtenances, located above the 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 Village. Setback requirements shall not apply to stealth
antennas which are mounted to the exterior of antenna support structures
below the roof, but which do not protrude more than twelve (12) inches
from the side of such antenna support structure.
C.
The owner of such structure shall, by written certification to the Board of Trustees, verify that the combined height of the telecommunications facilities and antenna support structure, as measured from the highest adjoining finishes grade of the antenna support structure, shall not exceed the maximum allowable height required by the zone district in which the telecommunications facilities and antenna support structure is located. The telecommunications facilities shall not exceed the height of the highest point of construction of the antenna support structure unless it complies with Subsection (B) of this Section. The owner shall also certify that the tower, telecommunications facilities and antenna support structure meet all of the requirements of the Village's Code of Ordinances.
[Ord. No. 357 §15, 7-9-2002]
A.
An
existing tower may be modified or demolished and rebuilt to accommodate
collocation of additional telecommunications facilities as follows:
1.
Application for a permit shall be made to the Village Clerk who shall
have the authority to issue a permit without further approval by the
Board of Trustees.
2.
The total height of the modified tower and telecommunications facilities
attached thereto shall not exceed the maximum height for towers allowed
under this Chapter.
3.
A tower which is being rebuilt to accommodate the collocation of
additional telecommunications facilities may be relocated on the same
parcel subject to the setback requirements of this Chapter. However,
if it is impossible for the tower to be rebuilt in compliance with
the setback requirements of this Chapter, such setback requirements
shall be waived to allow the tower to be rebuilt in its exact previous
location.
[Ord. No. 357 §16, 7-9-2002]
A.
A special
exception permit may be granted by the Board of Trustees in accordance
with the procedures contained in the Code of Ordinances for the following
requirements:
B.
Determination Required.
1.
The Board of Trustees, in considering special exception requests,
may grant a special exception if a person, upon application to the
Village, demonstrates with written evidence that:
a.
The location, shape, appearance or nature of use of the proposed
tower will not substantially detract from the aesthetics of the area
nor change the character of the neighborhood in which the tower is
proposed to be located; and
b.
The site plan development modification will not create any threat
to the public health, safety or welfare.
2.
In addition to the requirements of Subsection (A) of this Section, 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 requirement, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with Section 420.050 of this Chapter impossible and the only alternative for the person is to locate the tower at another site which poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land; or
b.
In the case of a request for modification of the height limit in
a zoning district for towers and telecommunications facilities, that
the modification is necessary to:
[Ord. No. 357 §17, 7-9-2002]
A.
If
any tower shall cease to be used for a period of three hundred sixty-five
(365) consecutive days, the Village Clerk shall notify the owner,
with a copy to the applicant, that such site has been deemed abandoned.
B.
To secure the obligation set forth in Section 420.170(A), the applicant or owner shall post a bond in an amount to be determined by the Board of Trustees based on the anticipated cost of removal of the tower or twenty percent (20%) of the construction cost of the tower. Said bond shall be retained for a period of one (1) year at which time the Village shall remove the tower and retain the bond to cover the cost of removal.
