[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:
Any exterior apparatus designed for telephonic, radio, television,
or similar communications through the sending and/or receiving of
electromagnetic waves.
The location of more than one telecommunications facility
(use) on a tower or more than one stealth telecommunications facility
in a structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The distance measured from ground level to the highest point
on the tower or other structure, even if the highest point is an antenna.
Any technology that relates to wireless communication.
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.
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.
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.
The height, as defined in this division below, which a telecommunications
facility does not need review and approval unless otherwise noted
in this division.
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.
[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.
[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.
