[Ord. No. 28-1997, § 1501.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
This division is designed and intended to balance the interests of the residents of the City, telecommunications providers, and telecommunications customers in the siting of telecommunications facilities within the City. These standards are also intended to:
(1) 
Minimize the adverse impacts of such facilities, including visual impacts, environmental impacts, impacts to historically significant areas, health and safety impacts and property value impacts.
(2) 
Encourage co-location of carriers and minimize the total number of towers located within the City.
(3) 
Permit the construction of new towers only where all other reasonable opportunities have been exhausted.
(4) 
Encourage the users of towers and antennas to configure them in a way that minimizes the need for additional towers in the City.
(5) 
Provide for the removal of structures which are no longer being used for telecommunications purposes.
(6) 
Allow the construction of "stealth telecommunications facilities" through-out the City, which should allow alternatives to carriers to provide good quality telecommunications services and which could minimize the total number of towers located within the City.
[Ord. No. 28-1997, § 1502.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANTENNA
Any exterior apparatus designed for telephonic, radio, television, or similar communications through the sending and/or receiving of electromagnetic waves.
CO-LOCATION
The location of more than one telecommunications facility (use) on a tower or more than one stealth telecommunications facility in a structure.
FAA
The Federal Aviation Administration.
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.
PERSONAL WIRELESS TECHNOLOGY
Any technology that relates to wireless communication.
PREEXISTING ACCESSORY USE TOWER/ANTENNA
An existing communications tower/antenna or stealth telecommunications facility which has been installed as an accessory use to a permitted use in the district in which it is located as of the date of the first public hearing on Ordinance No. 28-1997. Enlargements of pre-existing use towers/antennas beyond the threshold height of 60 feet shall be considered a telecommunications facility and must conform to the regulations of this division.
STEALTH TELECOMMUNICATIONS FACILITY
A telecommunications facility located in or on a structure, such as but not specifically limited to a church steeple, a clock tower, a water standpipe, a silo or a building, provided the telecommunications facility is an accessory use that is incorporated within the design of the primary structure so as to mask its appearance, and provided the main purpose of the primary structure (the structure on which the stealth telecommunications facility is located) is not to function as a telecommunications facility or tower.
TELECOMMUNICATIONS FACILITY
Any structure, antenna, tower, or other device which provides radio/television transmission, commercial mobile wireless service, unlicensed wireless service, cellular phone service, special mobile radio communications (SMR), common carrier wireless exchange access service, and personal communications service (PCS) or pager service. Telecommunications facilities shall be considered a principal use. Preexisting accessory tower/antenna uses shall be exempt from this definition.
THRESHOLD HEIGHT
The height, as defined in this division below, which a telecommunications facility does not need review and approval unless otherwise noted in this division.
TOWER
Any structure, whether freestanding or in association with a building or other permanent 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-carrier towers, cellular telephone towers, and similar structures.
[Ord. No. 28-1997, § 1503.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
(a) 
Permits for all new telecommunications facilities which are 60 feet or greater in height (the threshold height) must conform to the requirements of this division prior to a building permit being issued.
(b) 
New telecommunications facilities that are less than 60 feet in height (below those threshold heights) shall be considered a permitted accessory use, and shall need only a building permit from the Code Enforcement Officer, if such telecommunications facility is accessory to a principal use (permitted or permitted with Planning Board review) on a lot and is used for the private communications of the business located on the lot.
(c) 
All telecommunications facilities proposing to locate on an existing tower that is greater than the threshold height as set forth in this section shall be considered permitted uses requiring Planning Board review and must conform to the provisions of this chapter and chapter 90, pertaining to site plan review, prior to requesting a building permit from the Code Enforcement Officer.
(d) 
Permits for all stealth telecommunications facilities shall be considered permitted uses requiring Planning Board review and shall be subject to the review procedure and performance standards identified in sections 102-1039, 102-1040, and 102-1041.
[Ord. No. 28-1997, § 1504.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
(a) 
All applications under this division shall be reviewed by the Planning Board in accordance with the procedure, standards and submission requirements of this chapter. The Planning Board shall apply the standards of chapter 90, pertaining to site plan review, and the provisions of this chapter in the review of such applications.
(b) 
Applicants who are required to obtain a permit in compliance with this chapter shall submit an application to the Code Enforcement Officer for review by the Planning Board. The Code Enforcement Officer shall review the application and determine if it contains sufficient information, as required by this chapter and chapter 90, to schedule the application for Planning Board review. The Code Enforcement Officer shall schedule the application for the next available agenda after determining that a complete submission has been made. The Planning Board, however, shall decide if an application is complete and contains all information necessary to schedule a public hearing and to make a determination. The Planning Board shall decide to approve, approve with conditions, or deny a permit within 90 days of its decision that an application is complete, or within another time limit as may be otherwise mutually agreed to by the board and the applicant.
(c) 
The Planning Board shall schedule a public hearing within 30 days of determining that it has a complete application. Notification of the hearing shall be provided as follows:
(1) 
In writing at least thirteen days prior to the hearing to all owners of property that directly abuts or is located within 1,000 feet of any property line of the property for which a permit is requested. Notice to the owners shall be by first class mail, with the applicant providing the City an attested notice of the mailing and a list of all persons to whom notice was mailed. Notice shall also be given to any town located within 1,000 feet of the proposed telecommunications facility. The applicant shall provide this notification and shall include the name of the applicant, the location of the property, a brief description of the project, and a plot plan identifying the proposed site layout in relation to nearby streets and properties.
(2) 
By the City posting notice of such hearing in City hall a minimum of 10 days in advance of the hearing.
(3) 
By the City advertising in a newspaper of general circulation notice of the hearing a minimum of 10 days in advance of the hearing.
(d) 
The Planning Board shall conduct a public hearing, review the application, and issue a finding of fact order which outlines the reasons it approves or denies the telecommunications facilities application. The board shall use the standards identified in this chapter, as well as the standards in chapter 90, to make its decision. The Planning Board may establish reasonable conditions to ensure conformity with the purposes of this chapter, chapter 90 and the adopted comprehensive plan of the City.
[Ord. No. 28-1997, § 1505.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
(a) 
Factors the Planning Board shall consider in making decisions under section 102-1034 are as follow:
(1) 
The height of the proposed tower or other structure, which shall not exceed that which is essential for its intended use and public safety.
(2) 
Proximity of the tower to residential developments or districts.
(3) 
Nature of uses on adjacent and nearby properties.
(4) 
Surrounding topography.
(5) 
Surrounding tree coverage and foliage.
(6) 
Design of the tower, antenna, or facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7) 
Proposed ingress and egress to the site.
(8) 
Availability of suitable existing towers and other stealth telecommunications facilities locations.
(9) 
Visual impacts on scenic vistas, ridge lines, and other impacts by means of tower location, tree and foliage clearing and placement of incidental structures.
(10) 
That the proposed facility/tower/dish will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or major view corridor.
(11) 
That the proposed facility/tower/dish is not constructed in such a manner as to result in needless height, mass, and guy wire supports, with documentation having been provided and reviewed regarding the design capacity and/or the remaining co-location capacity of the tower/facility.
(b) 
The Planning Board may use any technical and professional services necessary to assist in its review of a facility application. Services may include but are not limited to an analysis of shared use, an analysis of visual impact, an analysis of the structure satisfying federal and state requirements, analysis of alternative sites, and other issues required to satisfy the requirements of this division. The applicant shall be required to pay all costs involved with these professional services prior to the City incurring such expenses.
(c) 
The Code Enforcement Officer may use professional and technical services to inspect construction of an approved project. The applicant shall pay all costs incurred for these inspection services.
[Ord. No. 28-1997, § 1506.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
(a) 
Increase in height of existing towers. No existing tower may be increased in height unless it is in compliance with the provisions of this chapter and chapter 90, pertaining to site plan review.
(b) 
Maximum height. Towers, antennas and facilities shall not exceed a height of 150 feet, except that, where evidence of acceptable design and co-location is provided to the Planning Board, an additional 25 feet per each additional user is permitted, based upon signed agreements to be filed with the Code Enforcement Officer prior to the issuance of any building permit. No telecommunications facility shall exceed a height of 200 feet.
(c) 
Setbacks.
(1) 
All telecommunications towers shall be set back from the lot lines a distance equal to at least 125% of the tower height. The tower height used shall be the maximum design height approved for the site.
(2) 
Guy wire supports and accessory facilities shall meet the minimum zoning district setback requirements.
(d) 
Aesthetics, landscaping, buffers and fencing.
(1) 
All towers shall have a galvanized steel finish and may be painted a neutral color so as to reduce visual obtrusiveness.
(2) 
All telecommunications structures shall maintain the required setbacks as undisturbed vegetated buffers, except for the access road. The Planning Board may require additional plantings in the buffer areas to enhance the quality and effectiveness of the buffer area to serve as a visual screen. The size and quantity of plantings shall be subject to Planning Board approval.
(3) 
At a tower 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 built environment.
(4) 
Towers shall not be artificially lighted, unless required by the FAA or other federal or state authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties and views.
(5) 
Road access to the telecommunications structure shall be the minimum size necessary to allow safe access.
(6) 
The base of a telecommunications tower may not be located in a wetland or floodplain.
(7) 
A security fence or wall not less than eight feet in height from the finished grade shall be provided around the tower. Access to the tower shall be through a locked gate.
(e) 
Investigation of existing alternative towers, sites and structures and stealth telecommunications facility locations. Applicants shall identify all existing and proposed towers, including their heights, located in the City and within at least one mile of the City's boundaries. Applicants must provide evidence of the lack of antenna space on all such towers, except in a case where tower access is denied by tower owner, and shall identify potential stealth telecommunications facility locations and sites which have been investigated as an alternative to constructing a new tower. Applicants shall address the pros and cons of utilizing co-location and stealth telecommunications facility locations with respect to their application and shall demonstrate that they cannot provide adequate communication service utilizing such existing towers or structures. Further, applicants shall demonstrate the amount of the City area that will be served by the proposed new facility and existing facilities operated by the applicant, and address how and when they plan to provide service throughout the Belfast market.
(f) 
Co-location. The applicant and owner shall allow for other future wireless service carriers, including providing space at no charge to public agencies (namely police, fire, ambulance, communications and highway agencies if requested at the time of review by the Planning Board), provided they are using functionally equivalent personal wireless technology, to co-locate antennas, equipment and facilities on a telecommunications tower and site, unless satisfactory evidence is presented and the Planning Board concurs that technical constraints prohibit co-location. Applicants and other wireless service carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for reasonable sharing of cost in accordance with industry standards. A reasonable charge for shared use is based on generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference, all being pertinent to the Mid Coast Maine Market Area. To ensure co-location, the Planning Board may require co-location on a tower so as to prevent the need for new carriers to build new towers, may deny an application for a telecommunications facility because of inadequate provisions and/or arrangements for co-location and may require an existing tower to be extended in height (provided that a structural analysis indicates that such extension is structurally feasible and safe) in order to provide for co-location; provided, however, that the Planning Board may do so only if the co-location fee or payment required of the applicant by the owner of the existing tower is no more than 10% above the industry average for similar co-location arrangements.
(g) 
Other requirements.
(1) 
Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner shall ensure that facilities are designed, constructed and maintained in conformance with applicable federal, state and local building, electrical and safety codes.
(2) 
Advertising. No advertising or signage is permitted on telecommunications facilities.
[Ord. No. 28-1997, § 1507.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
Each applicant requesting a permit under this division shall submit a scaled plan and application in accordance with the following submission requirements:
(1) 
Location of the proposed structure, including map/lot and street address.
(2) 
Name of the owner or operator of the telecommunications facility and owner of property.
(3) 
Proof of right, title and interest to use the property on which the telecommunications facility is proposed.
(4) 
Names of companies responsible for constructing and/or maintaining the telecommunications facility.
(5) 
Date the telecommunications facility was initially constructed or is proposed to be constructed.
(6) 
A description and construction details of the telecommunications facility, including a plot plan identifying the location of the tower on the property, dimensions of the tower, structural supports, if any, lighting, color, and equipment located on the structure, if any. This description shall identify any accessory structures that are essential to operation of the telecommunications facility.
(7) 
A topographic map, drawn at a scale of one inch equals 50 feet, or other appropriate scale as determined by the Planning Board, of the property proposed as the location of the structure. The topographic map shall identify accurate dimensions of the property; contours at not less than five-foot intervals (or other appropriate scale as determined by the Planning Board); existing vegetation, particularly noting height, diameter, density, quality, and type (deciduous or evergreen) of existing trees; wetlands, floodplains, streams and open bodies of water; ledge outcrops; soils data, medium intensity; all existing structures on the property; any rights-of-way, easements, or similar encumbrances on the property; and other significant features.
(8) 
A locus map drawn at a scale of not less than one inch equals 100 feet, or other appropriate scale as determined by the Planning Board, that identifies all properties, all residential structures, all non-residential structures, all roads, and the natural topography (vegetation and contours at twenty-foot intervals) of the area located within a radius of 1,000 feet of the proposed telecommunications facility location.
(9) 
A landscape plan prepared at a scale of one inch equals 50 feet, or other appropriate scale determined by the Planning Board, that identifies how the applicant shall satisfy landscaping, screening and buffering requirements.
(10) 
A visual impact analysis prepared by a landscape architect or other qualified professional that qualifies the amount of visual impact on properties located within 500 feet, within 2,500 feet and within two miles of the proposed telecommunications structure. This analysis will include recommendations to mitigate adverse visual impacts on such properties.
(11) 
An analysis prepared by a qualified professional that describes why this site and structure is critical to the operation for which it is proposed. The analysis shall address, at a minimum, existing and proposed service area maps; how this structure is integrated with other company operations, particularly other structures in the City and surrounding communities; future expansion needs in the area; the affect on company operations if this structure is not constructed in this location; other sites evaluated for location of this structure and how such sites compare to the proposed site; other options, if, any which could be used to deliver similar services, particularly if the proposed equipment can be co-located (shared use) on an existing structure; and an analysis of the projected life cycle of this structure and location. Further, the analysis shall address how this facility will further the applicant's ability to provide telecommunication services to persons who reside throughout the Belfast market.
(12) 
Certification by a structural engineer that construction of the structure shall satisfy all federal, state and local building code requirements as well as be able to satisfy the needs of maximum permitted co-location at the site (as approved by the Planning Board) per height limits of the applicable zoning district and this division.
(13) 
Payment of all required performance guarantees as a condition of plan approval, with a note on the plan so stating.
(14) 
Payment of permit application fees.
[Ord. No. 28-1997, § 1508.0, 3-4-1997; Ord. No. 57-1998, 2-26-1998; Ord. No. 21-2006, 2-7-2006]
(a) 
Guarantee of installation of improvements. No building permit may be issued for facilities regulated by this division until the applicant has filed a performance guarantee with the City manager, subject to the approval of the City attorney, equal to 110% of the cost of completing the following improvements:
(1) 
The construction of any drainage systems involving piping, culverts, or stormwater retention or detention facilities;
(2) 
The construction of erosion and sedimentation control measures or landscaping required to meet the standards of this chapter; and
(3) 
Other site improvements required by the Planning Board to meet the standards of this chapter.
(b) 
Guarantee of removal of abandoned facilities.
(1) 
The owner of a telecommunications facility shall be required to remove the tower should it not be used for the use approved for a period of 12 consecutive months. An applicant for a permit under this division shall post a performance guarantee with the City prior to obtaining a permit that is equal to 125% of the cost for removing the structure.
(2) 
The performance guarantee covering such removal shall be for a minimum term of five years. It must contain a mechanism, satisfactory to the City, for review of the cost of removal of the structure every five years, and a mechanism for increasing the amount of the guarantee should the revised cost estimate so necessitate.
[Ord. No. 21-2006, 2-7-2006]
(a) 
All applications for a stealth telecommunications facility shall be reviewed by the Planning Board in accordance with the procedure identified in section 102-1039. The board, in its deliberations regarding the issuance of a use permit, must find that such application satisfies the requirements of sections 102-1040 and 1041 and the standards that apply to the underlying zoning district in which the facility is proposed.
(b) 
Applicants who are required to obtain a use permit for a stealth telecommunications facility shall submit an application to the Code Enforcement Officer for review by the Planning Board. The Code Enforcement Officer shall review the application and determine if it contains sufficient information required in this section to schedule the application for Planning Board review. The Code Enforcement Officer shall schedule the application for the next available agenda after determining that a complete submission has been made. The Planning Board, however, shall make a finding that an application is complete and contains all information necessary to conduct a public hearing and to make a determination. The Planning Board shall decide to approve, approve with conditions, or deny a permit within 45 days of its decision that an application is complete, or within another time limit as may be otherwise mutually agreed to by the board and the applicant.
(c) 
The Planning Board shall schedule a public hearing at the initial meeting at which an application is reviewed to determine if it is complete. Notification of the hearing shall be provided as follows:
(1) 
The City Department of Planning and Community Development, on behalf of the applicant, shall provide written notice to all owners of property that directly abut or are located within 250 feet of any property line of the property for which a permit is requested. Such notice shall be mailed a minimum of 10 days prior to the hearing and shall be sent via first class mail. The department shall retain a list of all persons to whom notice was mailed. The written notice shall include the name of the applicant, the location of the property, a brief description of the project, and a plot plan identifying the proposed site layout in relation to nearby streets and properties.
(2) 
By the City posting notice of such hearing in City hall a minimum of seven days in advance of the hearing.
(3) 
By the City advertising in a newspaper of general circulation notice of the hearing a minimum of seven days in advance of the hearing.
(d) 
The Planning Board shall conduct a public hearing, review the application, and issue a finding of fact order which outlines the reasons it approves or denies the stealth telecommunications facilities application. The board shall use the standards identified in sections 102-1040 and 102-1041 and the underlying zoning district to make its decision. The Planning Board may establish reasonable conditions to ensure conformity with the purposes of sections 102-1040 and 102-1041, the underlying zoning district and the adopted comprehensive plan of the City.
(e) 
Each applicant requesting a permit under this division shall submit a scaled plan and application that complies with the requirements identified in section 102-1037, except those identified in subsections (7), (8), (10), (12) and (13).
[Ord. No. 21-2006, 2-7-2006]
(a) 
Factors the Planning Board shall consider in making decisions pursuant to section 102-1039 are as follow:
(1) 
How the appearance of the stealth telecommunications facility is masked by being incorporated into the design of the primary structure, particularly the degree to which it detracts from the appearance of the primary structure or area near this structure. This includes the design of the antenna or facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. In the case of a water standpipe, the board shall consider the degree to which the proposed telecommunications facility exceeds the height of the standpipe and the degree to which it may be visible from adjacent properties.
(2) 
How the applicant is screening any uses and structures accessory to operation of the stealth telecommunications facility, such as but not limited to emergency generators, air conditioning systems and operational equipment.
(3) 
The degree of adverse noxious impacts, including but not necessarily limited to noise, light, and odors, on surrounding uses and properties, associated with operation of the telecommunications facility and supporting equipment.
(4) 
Compliance with requirements of the underlying zoning district in which the stealth telecommunications facility is located, and any nonconformities associated with the property and structure on which the stealth facility is proposed.
(5) 
The desirability of this location as a site for a stealth telecommunications facility and how this location facilitates the delivery of good quality telecommunication services and may contribute to decreasing the need for telecommunications towers.
(b) 
The Planning Board may use any technical and professional services necessary to assist in its review of a facility. Services may include but are not limited to an analysis of shared use, an analysis of visual impact, an analysis of the structure satisfying federal and state requirements, analysis of alternative sites, and other issues required to satisfy the requirements of this division. The applicant shall be required to pay all costs involved with these professional services prior to the City incurring such expenses.
(c) 
The Code Enforcement Officer may use professional and technical services to inspect construction of an approved project. The applicant shall pay all costs incurred for these inspection services.
[Ord. No. 21-2006, 2-7-2006]
(a) 
The appearance of the stealth telecommunications facility shall blend with the design of the primary structure on/in which it is located so that its appearance is masked, and to the greatest extent practical, not discernable from the appearance of the primary structure. In the case of a water standpipe, the height of the telecommunications facility above the height of the standpipe shall be the minimum necessary to achieve the purpose of the user, and such height shall not be disproportionate to the height of the standpipe or result in it being markedly visible from adjacent properties.
(b) 
All accessory facilities to the stealth telecommunications facility shall be appropriately screened. Techniques to achieve this standard include but are not necessarily limited to landscaping, fencing, and/or constructing an accessory building to support the facilities/equipment.
(c) 
The applicant shall construct improvements and adopt operational procedures that minimize the amount of adverse impact on surrounding uses and properties associated with operation of the stealth telecommunication facility and accessory equipment, particularly noxious impacts such as but not necessarily limited to noise, odor and lighting.
(d) 
All stealth telecommunication facilities shall comply with requirements of the underlying zoning district in which the facility is located. Notwithstanding this requirements, a stealth telecommunications facility may be located on a nonconforming lot or in a structure that is non-conforming with respect to dimensional requirements, provided the stealth telecommunications facility does not result in the creation of any new nonconformities.