The Town of Aurora recognizes the increased demand for wireless
communications transmitting facilities and the need for the services
they provide. Often, these facilities require the construction of
a communications tower and/or similar facilities. The intent of this
article is to protect the Town's interest in properly siting towers
and/or similar facilities in a manner consistent with sound land use
planning by:
A. Minimizing adverse visual effects of towers and/or similar facilities
through careful design, siting and vegetative screening;
B. Avoiding potential damage to adjacent properties from tower failure
or falling debris through engineering and careful siting of tower
structures; and
C. Maximizing the use of any existing tower or existing building and/or
structures to reduce the number of towers and/or similar facilities
needed, while also allowing wireless service providers to meet their
technological and service objectives.
As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
An accessory facility or structure serving or being used
in conjunction with a communications tower and/or similar facility
and located on the same lot as the communications tower. Examples
of such structures include utility or transmission equipment, storage
sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
radio or similar communications frequency signals. Such signals shall
include but not be limited to radio, television, cellular, paging,
data transmission, personal communications services and microwave
communications.
CO-LOCATED ANTENNAS
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and do not
require construction of a new tower, a significant structural modification
of an existing telecommunications facility or the construction of
a new antenna at a height in excess of any existing antennas located
on any such tower, building or other structure.
FALL-DOWN AND/OR SAFETY ZONE
The radius around a tower within which all portions of the
tower and antenna(s) would fall, regardless of any claimed provisions
for the breakoff of a portion of such a tower in the event of a structural
failure of the tower.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and accessory structures which together
are used in connection with the provision of cellular telephone services,
data transmission services, personal communications services, paging
services, radio and television broadcast services and similar broadcast
services.
TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which do or do not employ camouflage technology.
TOWER PERMIT
A permit to facilitate the construction of a tower and/or
telecommunications facilities pursuant to this article.
The following criteria will be considered by the Town Board
prior to the approval/denial of a request for a tower permit and may
be used as a basis to impose reasonable conditions on the applicant
to the issuance of such a tower permit:
A. Siting preferences. The Town Board may express a preference that
the proposed telecommunications facility be located in a higher-intensity
use district or on higher-intensity use property, provided that there
is a technologically feasible and available location. A guideline
for the Town Board's preference, from most favorable to least favorable
districts/property, is as follows:
(1) Property with an existing structure suitable for co-location.
(2) Municipal or government-owned property.
(3) Property located in a C3 Zoning District.
(4) Property located in a C1 or C2 Zoning District.
(5) Property located in an A Zoning District.
(6) Property located in a residential zoning district.
NOTE: Any request by the Town Board for information on a preferred
alternate site shall not unreasonably delay the application.
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B. Aesthetics. Telecommunications facilities shall be located and buffered
to the maximum extent which is practical and technologically feasible
to help ensure compatibility with surrounding land uses. In order
to minimize any adverse aesthetic effect on neighboring residences
or properties to the extent possible, the Town Board may impose reasonable
conditions on the applicant, including but not limited to the following:
(1) The Town Board may require a monopole or guyed tower (if sufficient
land is available to the applicant) instead of a freestanding tower.
Monopoles are a preferred design.
(2) The Town Board may require reasonable landscaping consisting of trees
or shrubs to screen the base of the tower and/or to screen the tower
to the extent possible from adjacent property. Existing on-site trees
and vegetation shall be preserved to the maximum extent possible.
Additionally, landscaping shall include two lines of spruce trees
having a minimum height of six feet, each planted 10 feet apart, the
first such line to be located 10 feet outside any required fence around
a permitted tower and the second to be located 25 feet outside any
required fence around a permitted tower planted between the trees
planted in the first line of such trees so that such trees will appear
from a distance to be five feet apart.
(3) The Town Board may require the applicant to show that it has made
good-faith efforts to co-locate on existing towers or other available
and appropriate co-located structures and/or to construct new towers
near existing towers in an effort to consolidate visual disturbances.
However, such request shall not unreasonably delay the application.
(4) Towers should be designed and sited so as to avoid, whenever possible,
application of Federal Aviation Administration (FAA) lighting and
painting requirements. Towers shall not be artificially lighted except
as provided herein or as required by the FAA. Towers shall be a galvanized
finish or painted matte gray unless otherwise required by the FAA
or the ZBA. Any lighting which may be required by the FAA shall not
consist of strobe lights, unless specifically mandated by the FAA.
Notwithstanding any of the above, applicable tower permits or building
permits will require a red blinking light on the top of any approved
tower and/or antenna and solid nonblinking red lights every 50 feet
of the tower's and/or antenna's height, installed in a manner which
will make such lighting visible from all four sides of any particular
tower or antenna.
(5) No tower shall contain any signs or advertising devices.
(6) The applicant must submit a copy of its policy regarding co-location
on the proposed tower with other potential future applicants. Such
policy shall not be changed without the written consent of the Town
Board and shall be applicable to any assignee or transferee of the
applicant and shall require the applicant to allow co-location if
the new antenna(s) and equipment do not exceed structural loading
requirements, interfere with tower space used or to be used by the
applicant nor pose any technical or radio frequency interference with
existing equipment; the party desiring to co-locate pays the applicant
an appropriate and reasonable sum to co-locate; and the party desiring
to co-locate has or is willing to adopt a similar policy of co-location
for the applicant.
C. Radio frequency effect. The Town Board may impose a condition on
the applicant that any approved antennas be operated only at Federal
Communications Commission (FCC) designated frequencies and power levels
and/or Environmental Protection Agency technical exposure limits and
that the applicant provide competent documentation to support that
maximum allowable frequencies, power levels and exposure limits for
radiation will not be exceeded.
D. Traffic, access and safety.
(1) A road turnaround and at least one parking space shall be provided
to assure adequate emergency and service access to all telecommunications
facilities. Maximum use of existing roads, public or private, shall
be made. The use of public roadways or road rights-of-way for the
siting of a tower or antenna(s) or accessory structures is prohibited.
All such roads shall be maintained and kept free of snow to assure
appropriate access at all times.
(2) All towers and accessory structures, including guy anchors, if applicable,
shall be enclosed by a chain-link-type fence eight feet in height
or otherwise sufficiently protecting such facilities from trespassing
or vandalism. The height limitations and material limitations applicable
to such fences contained elsewhere in this chapter are exempt as they
affect this section. Fencing shall be a minimum of 100 feet by 100
feet and be constructed at least 50 feet from the base of the tower.
(3) No tower, including any antenna annexed thereto, or antenna, whether
freestanding or constructed on an existing structure or facility,
shall exceed 250 feet in height (including the height of any structure
or facility upon which such a tower and/or antenna is constructed)
unless the applicant can demonstrate the existence of a necessary
and/or special need to construct a higher tower and/or antenna in
order to obtain a reasonable level of performance.
(4) The applicant must comply with all applicable state and federal regulations,
including but not limited to FAA and FCC regulations.
(5) The Town Board may require that towers and antenna(s) be set back
a sufficient distance from adjacent property lines and/or structures
to safeguard the general public and/or adjacent property from damage
in the event of tower failure or falling debris such as ice, which
distance shall take into account the fall-down zone of any tower and/or
antenna. In all instances, towers and/or antennas shall be located
no closer than 800 feet from any public road or right-of-way and 500
feet from any existing residences. The fall down zone should be equal
to the height of the tower and any antenna annexed thereto from any
adjacent property line. Notwithstanding the limitations contained
herein, the Town Board can set a different fall-down zone upon receipt
of information from the applicant or adjoining property owners which
demonstrates the safety of the general public or adjacent property
is protected.
(6) If the Town Board deems it appropriate, it may require an acceptable
security alarm or alarms to be installed in connection with any tower
or related telecommunications facilities as a condition to the issuance
of a tower permit.
E. Removal of tower. The applicant shall agree to remove the tower,
antenna and/or telecommunications facility if said tower, antenna
or telecommunications facility becomes obsolete or ceases to be used
for its intended purpose for 12 consecutive months. The Town Board
shall require the applicant to provide a demolition bond (the "bond")
acceptable to the Town Board and Town Attorney to assure appropriate
removal of a telecommunications facility, antenna and/or tower in
case the applicant fails to do so as required, in the amount and for
the term deemed appropriate by the Town Board. If requested in writing
by the Town Board, the amount of said bond will be adjusted, no more
frequently than once every five years, to reflect current removal
cost. Notwithstanding any other provision of this article to the contrary,
the Town Board may waive the requirement for a demolition bond in
those instances where a particular tower and/or antenna is co-located
on an existing tower and/or antenna, the removal of which is assured
by an acceptable existing demolition bond.
F. Structural safety. Upon written request from the Town Board, either
during the application process and/or after construction of the tower
and/or antenna, the applicant shall provide a certificate from a qualified
licensed engineer certifying that the tower and/or antenna meets applicable
structural safety standards. Such requests from the Town Board shall
not occur more often than once every five years, unless the Town has
reasonable grounds to believe the tower and/or antenna is in an unsafe
condition, in which event such a request may be made on a more frequent
basis. In any such event, the certificate described herein shall be
delivered to the Town Clerk within 30 days of such request, and any
repairs recommended in such a certificate shall be commenced, and
if possible completed, within 30 days of the date of such certificate.
G. Maintenance of telecommunications facility. Notwithstanding any other provision contained herein, all telecommunications facilities shall be maintained in good order and repair as required by the Code requirements and all applicable state and local statutes and regulations. Failure to make such repairs within 10 days of receipt of a written request to do so from the Town or to maintain an acceptable demolition bond as described in §
116-79E shall constitute a violation of this article and subject the applicant and/or any owner, lessee or operator of such facility or facilities to a fine of up to $250 per day, with each day thereafter on which such violation continues to exist constituting a separate violation of this article.
H. Lease or sublease of telecommunications facilities.
(1) All lessees, sublessees or operators of towers or telecommunications
facilities, other than the applicant, who use or operate any approved-of
facilities shall, as a condition of said use, agree in writing to
be bound by the provisions of any existing tower permit and site plan
approval.
(2) No applicant will lease or sublease any approved tower or telecommunications
facilities without the Town's written consent, which will not be unreasonably
withheld.
I. Required landscaping around towers or telecommunications facilities
shall be maintained at all times. Dead trees shall be replaced within
150 days with similar-sized trees, regardless of height, if possible.
Property shall be mowed regularly to a height of six inches or less
twice a month during the growing season.
J. Notice of operation. At all times during which a tower and/or antenna
regulated by this article is located or operated within the Town,
the owner, lessee and/or operator shall provide the Town Clerk with
written notice of the name, address and telephone number of at least
two individuals who are located within 50 miles of the Town who can
be reached on a twenty-four-hour basis in case emergency maintenance
or safety precautions are required at such tower or any telecommunications
facilities relating to such tower.
The following are exempt from the requirements of this article:
A. Existing towers and antenna(s) may be repaired and maintained without
restriction.
B. An antenna used solely for residential household television and radio
reception which, together with any tower or other structure to which
it is attached, does not exceed 45 feet in height, provided that the
antenna or any tower to which it is attached is at least the same
distance from any adjoining property line.
C. Satellite antennas measuring two meters or less in diameter and located
in agricultural (A) or commercial (C) zoning district and satellite
antennas one meter or less in diameter, regardless of location.