[Added 1-8-2000 by Art.
5]
Article 8 shall be known and cited as the "Wireless Communication
Facilities Siting Article" of Casco, Maine (hereinafter referred to
as "Article 8").[1]
[1]
Editor's Note: Throughout Art. 8 the term "wireless telecommunications"
was amended to "wireless communication" 6-14-2017 by Art. 27.
A.
This article is adopted pursuant to the enabling provisions of Article
8, Part 2, Section 1, of the Maine Constitution, the provisions of
30-A M.R.S.A. § 3001 (Home Rule), and the provisions of
the Planning and Land Use Regulations Act, 30-A M.R.S.A. § 4312
et seq.
B.
The procedures as outlined in Article 7, Site Plan Review, of this
chapter shall govern in addition to this Article 8.
These standards are designed and intended to balance the interests of the residents of the Town of Casco, wireless communications providers and wireless communications customers in the siting of wireless communication facilities within the Town. Beyond the objectives described in Article 1, § 215-1.3, and in other sections of this chapter, these wireless communication facilities standards are also intended to:
A.
Implement a municipal policy concerning the provisions of wireless
communication services and the siting of their facilities;
B.
Establish clear guidelines, standards and time frames for the Town
to regulate wireless communication facilities;
C.
Ensure that all entities providing wireless communication facilities
within Casco comply with the ordinances of Casco;
D.
Permit the Town of Casco to fairly and responsibly protect public
health, safety and welfare;
E.
Encourage the siting of wireless communication facilities to co-locate,
thus minimizing adverse visual impacts on the community;
F.
Support the goals and policies of the Comprehensive Plan, especially
the orderly development of the Town with minimal impacts on existing
residential uses;
G.
Protect Casco's environmental resources and rural character as consistent
with the goals and objectives outlined by the Casco Comprehensive
Plan;
H.
Provide for the removal of towers and associated structures that
are no longer being used for wireless communications purposes; and
I.
Minimize any potential adverse effect of wireless communication facilities
on property values.
A.
This article shall apply to all construction and expansion of wireless communication facilities, except as provided in Subsection B.
B.
Exemptions. The following are exempt from the provisions of this
article:
(1)
Emergency wireless communication facility. Wireless communication
facilities for emergency communications by public officials.
(2)
Amateur (ham) radio stations. Amateur (ham) radio stations licensed
by the Federal Communications Commission (FCC).
(3)
Parabolic antennas. Parabolic antennas less than seven feet
in diameter that are an accessory use of the property.
(4)
Temporary wireless communication facility. Temporary wireless
communication facility in operation for one maximum period of 180
days. Such temporary facilities shall be removed prior to 30 days
following the maximum period.
(5)
Antennas as accessory uses. An antenna that is an accessory
use to a residential dwelling unit, provided that the wireless communication
facility is not used for commercial purposes.
A.
Conflict with other ordinances. Whenever a provision of this article
conflicts with or is inconsistent with another provision of this article
or of any other ordinance, regulation or statute, the more restrictive
provision shall apply.
B.
Severability. The invalidity of any part of this article shall not
invalidate any other part of this article.
In addition to those terms defined in Article 2 of this chapter,
the following terms are applicable for reviewing an application for
a wireless communication facility and for ensuring that applicable
standards are met:
A device used in communication that transmits or receives radio
or electromagnetic frequency signals.
A system of one or more rods, panels, discs or similar devices
used for the transmission or reception of radio frequency (RF) signals
through electromagnetic energy.
These include, but are not limited to, omnidirectional antennas
(whip or rod), directional antennas (panel) and parabolic antennas
(dish or disc).
Any pole, telescoping mast, tower tripod, or other structure
that attaches to a tower and supports one or more antennas.
Clock towers, bell steeples, light poles, water towers, electrical
transmission line towers, and similar alternative mounting structures
that camouflage or conceal the presence of antennas or towers associated
with a wireless communication facility.
The use of a wireless communication facility by more than
one wireless communications provider.
Any structure used to contain ancillary equipment for a wireless
communication facility, including cabinets, shelters, a build-out
of an existing structure, pedestals and other similar structures.
Federal Aviation Administration, or its lawful successor.
Federal Communications Commission, or its lawful successor.
A wireless communication tower existing as of the adoption
of these standards (January 8, 2000) that does not meet the standards
contained herein, including but not limited to tower height.
The regular, routine maintenance of a WCF, including but
not limited to changing light bulbs, plowing and maintaining the existing
access road and gate, fence repair and maintenance, maintenance of
the buffer, replacing an existing antenna with a functionally equivalent
antenna, and changing or repairing electronic components that do not
increase the broadcast capacity of the WCF in excess of the exemption
standards contained in FCC Office of Engineering and Technology (OET)
Bulletin No. 65. This definition specifically includes painting, provided
that the painting is done in accordance with the standards established
in this article. This definition specifically excludes widening an
access road, increasing tower height, replacing light fixtures, and
increasing the broadcast capacity of a WCF within the exemption standards
contained in FCC OET Bulletin No. 65.
An antenna which is bowl shaped, designed for the reception
and/or transmission of radio frequency communication signals in a
specific directional pattern.
The vertical distance measured from the mean elevation of
a twenty-five-foot radius of a circle whose center is the base of
the tower to the highest point of the tower or ATS, including the
base pad, all antennas and other attachments. When towers are mounted
upon buildings or other structures, the total vertical height is measured
from the ground level as stated above.
A facility that transmits, receives, distributes, provides
or offers wireless communications. This includes the facility's associated
antennas, microwave dishes, horns, cables, wires, conduits, ducts,
lightning rods, electronics and other types of equipment for the transmission,
receipt, distribution or offering of such signals, wireless communication
towers, antenna support structures, and other structures supporting
said equipment and any attachments to those structures, including
guy wires and anchors, equipment buildings, generators, parking areas,
utility services, driveways and roads and other accessory features.
A structure designed and constructed specifically to support
an antenna array that provides wireless communication. A tower may
be a monopole, self-supporting (lattice) tower, guy wire support tower
or other similar structure, and includes all supporting lines, cables,
wires, and braces.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, which includes FCC-licensed commercial
wireless communications services, including but not limited to telecommunications
services, radio or television signals, or any other spectrum-based
transmissions/receptions, cellular, personal communications services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), paging, radio, television and similar services that
currently exist or that may be developed in the future.
A wireless communication tower or ATS supporting one or more
antennas/antenna array(s) and owned or used by more than one public
or private entity. A co-located tower may include two or more antenna
arrays serving the same company, provided that the applicant can demonstrate
to the Planning Board that separate levels are a practical necessity.
Construction, alteration, repair or change on any wireless communication
facility shall require written approval from the Casco Code Enforcement
Officer (CEO) and/or Planning Board as outlined below:
A.
Normal maintenance, as defined in § 215-8.6, is allowed without approval from the Planning Board.
B.
No construction, alteration, repair or change shall occur on any
wireless communication facility unless all required permits are obtained,
including but not limited to any federal or state permits.
C.
Planning Board review and approval is required for the following:
(1)
Any WCF that does not exist as of the adoption of these standards
(January 8, 2000).
(2)
Any additional antenna or antenna array(s) or increase in broadcast
capacity in excess of the exemption standards contained in FCC OET
Bulletin No. 65 on the WCF not previously and specifically approved
by the Planning Board.
(3)
Any alteration to an existing NCWCT that requires Planning Board review as established in § 215-8.13, Alterations to existing facilities.
(4)
Any increase to the tower height not previously and specifically
approved by the Planning Board.
All persons seeking approval under this article shall submit
an application as provided below.
A.
The following shall be submitted to the CEO by the applicant:
(1)
Names, addresses, phone numbers and other means of contacting
owner, lessee, companies, and persons that will function as contacts
for the required inspections and monitoring of the WCF.
(2)
The following plans and information:
(a)
Location map and elevation drawings of the proposed facility
and any other proposed structures, including list of the structural
materials and the proposed color or colors.
(b)
Documentation of the applicant's right, title or interest in
the property on which the facility is to be sited, including name
and address of the property owner and the applicant.
(c)
Any other information that the CEO determines to be necessary
for review of the application.
(3)
For any permit request involving an existing NCWCT, the applicant shall supply information regarding the estimated construction cost of the tower prior to the proposed alterations and the estimated construction cost of the tower after the proposed alterations. For the purposes of determining the estimated cost for this subsection, the cost shall be based on a complete rebuild of the existing tower excluding the cost of any electronic equipment and antenna/antenna array(s) (see also § 215-8.13B, Alterations to existing nonconforming wireless communication tower).
B.
Submission requirements for all applications.
(1)
All relevant submissions, as determined by the CEO or Planning
Board, contained in Article 7, Site Plan Review, of this chapter.
(2)
A proposal to construct or modify a wireless communication tower
must include evidence of a commitment from a duly licensed entity
to utilize the tower to provide wireless communication services. All
wireless communication entities that are contracted to locate on the
tower must join as applicants.
(3)
Written approval by all applicable state and federal agencies,
including but not limited to the FAA and FCC, including a description
of any conditions or criteria for the approval, or a statement from
the agency that no approval is required.
(4)
An inventory of all of the provider's existing and approved
towers, antennas or sites within the Town of Casco and locations in
surrounding communities where wireless communications are proposed
to be utilized in conjunction with the facility proposed in the application.
Service area maps or network maps of the applicant's existing and
proposed facilities in Cumberland, Androscoggin, and Oxford Counties.
(5)
Identification of any other telecommunication facilities existing
or proposed on the site.
(6)
Details of all existing or proposed accessory structures, including
buildings, parking areas, utilities, gates, access roads, etc.
(7)
An applicant for approval under this article shall pay all reasonable
and customary fees incurred by the Town that are necessary to review
the application, including, without limitation, independent engineering,
planning, legal or similar professional consulting services. Such
review fee shall be assessed for review and shall be payable without
regard to consultation results or the outcome of the application review.
The review fee shall be paid in full prior to the issuance of any
building permit.
A.
Submission requirements.
(1)
Evidence that written notice was sent, by pre-paid first-class
United States mail, to all other such tower and alternative tower
structure owners and licensed wireless communication providers that
could furnish service to the Town of Casco utilizing existing towers
and alternative tower structures and to owners of such towers. This
notice shall state the applicant's siting needs and include a request
for information of the co-location capabilities of the existing or
previously approved facilities. Evidence that this notice requirement
has been fulfilled shall include a name and address list, copy of
the notice that was sent, and a return receipt request that the notices
were sent as required.
(2)
Evidence that existing or previously approved towers and alternative
tower structures within the Town of Casco cannot accommodate the communications
equipment (antennas, cables, etc.) planned for the proposed tower.
Such evidence shall include documentation from a qualified and licensed
professional engineer that:
(a)
Planned necessary equipment would exceed the structural capacity
of existing and approved towers and alternative tower structures,
considering the existing and planned use of those towers and alternative
tower structures, and the existing and approved towers cannot be reinforced
or enlarged to accommodate planned or equivalent equipment at a reasonable
cost;
(b)
Planned equipment will cause electromagnetic frequency interference
with other existing or planned equipment for that tower or alternative
tower structure, and the interference cannot be prevented at a reasonable
cost;
(c)
Existing or approved towers and alternative tower structures
do not have space on which planned equipment can be placed so it can
function effectively and at least in parity with other similar equipment
in place or approved; or
(d)
Other documented reasons make it technically or financially
unfeasible to place the equipment planned by the applicant on existing
and approved towers and alternative tower structures.
(3)
Evidence that the proposed tower cannot be co-located on existing
or previously approved tower sites. Evidence should include an assessment
of whether such tower sites could be changed to accommodate the proposed
tower and a general description of the projected cost of shared use
of the existing or approved tower site.
(4)
A report from a registered professional engineer that describes
the tower, the technical reasons for the tower design and the capacity
of the tower, including the number(s), type(s), and volume(s) of antennas
that it can accommodate and the basis for the calculation of capacity.
(5)
A letter of intent that commits the tower owner and his or her
successors in interest to:
(a)
Respond in a timely, comprehensive manner to a request for information
from a potential co-location applicant;
(b)
Negotiate in good faith for shared use by third parties that
have received an FCC license or permits; and
(c)
Allow shared use if an applicant agrees in writing to pay reasonable
charges.
(6)
Proof of financial capacity to build, maintain, and remove the
proposed tower must be submitted.
(7)
Photos showing site vegetation, existing and adjacent structures,
views of and from the proposed site, topography, and land uses on
the proposed parcel and on abutting properties.
(8)
Landscaping plan reflecting location of proposed screening and
fencing, planting areas, proposed plantings, existing plant materials
to be retained and trees or shrubs to be removed.
(9)
Elevation drawings, cross-sectional area or silhouette, of the
facility, drawn to scale, and showing all measurements, both linear
and volumetric, showing front, sides and rear of the proposed facility,
including all fencing, supporting system for transmission cables running
between the tower and accessory structures, control panels, antennas,
and existing structures and trees. Reference any design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(10)
Detail of the tower base or method of attachment to a structure.
If the facility will be attached to an existing building or structure,
provide measurements and elevations of the structure.
(11)
An analysis of the visual impact of the proposed facility, including
tower and supporting structures, which may include photo montage,
field mock-up, or other techniques that identify the potential visual
impacts, at design capacity, of the proposed facility. Consideration
shall be given to views from roads, public areas, private residences,
historic resources, including historic districts and structures listed
in the National Register of Historic Places, and archaeological resources.
The analysis of the impact on historical and archaeological resources
shall meet the requirements of the Maine State Historic Preservation
Commission in its review capacity for the FCC. The overall analysis
shall assess the cumulative impacts of the proposed facility and other
existing communication facilities in the area.
[Amended 6-14-2017 by
Art. 27]
B.
Location. Any wireless communication tower not existing as of the
date of adoption of this article (January 8, 2000) shall conform to
the following standards:
(1)
Towers are allowed in the Commercial (C) and Residential (R)
Zoning Districts and prohibited in all other districts. Antennas may
be allowed in other districts inside existing buildings and structures
when they are not visible on the exterior of the building or structure.
The Planning Board shall not have the authority to waive this standard.
(2)
No facility shall be located so as to create a significant threat
to the health or survival of rare, threatened or endangered plant
or animal species.
(3)
Wireless communication facilities shall not be sited in areas
of high visibility as determined by the Planning Board unless the
Planning Board finds that no other location is technically feasible.
If the facility is to be sited above the ridgeline, it must be designed
to minimize its profile by blending with the surrounding existing
natural and man-made environment to the maximum extent possible using
available materials, natural buffers, and the tower location site.
C.
Tower height. Any wireless communication tower not existing as of
the date of adoption of this article (January 8, 2000) shall conform
to the following standards:
(1)
Only the minimum height necessary to accomplish the technical
needs of the applicant shall be approved by the Planning Board.
(2)
Towers shall not exceed a height of 180 feet. The Planning Board
shall not have the authority to waive this standard.
(3)
Installing antennas on alternative tower structures is permitted
provided that the resulting ATS height does not exceed a maximum height
of 180 feet and that the tower does not extend more than 35 feet higher
than the present highest point of the building or structure. The Planning
Board shall not have the authority to waive this standard.
D.
Space and bulk requirements. Any wireless communication facility
not existing as of the date of adoption of these standards (January
8, 2000) shall conform to the following standards.
(1)
Mounting and dimensions. The mass and dimensions of antennas
on a tower or alternative tower structure shall be governed by the
following criteria:
(a)
Whip antennas. They shall not exceed 20 feet in length for an
individual antenna and shall be limited to two per mount, with no
more than three mounts at a given level.
(b)
Microwave dish antennas. The aggregate diameters of microwave
dish antennas mounted within a twenty-foot vertical section of a tower
may not exceed 24 feet, with no single dish being more than eight
feet in diameter and five feet in depth, unless otherwise required
per the path reliability and/or tower structural studies.
(c)
Panel antennas. The horizontal center line of all panel antennas
of a single carrier must be aligned in the same horizontal plane,
with each antenna not to exceed eight feet in length, nor two feet
in width.
(d)
Panel antenna mass per array. The mass of antennas, including
required antenna support structures, on a tower shall not exceed 500
cubic feet per antenna array, with no one dimension exceeding 15 feet
per array. The mass shall be determined by the appropriate volumetric
calculations using the smallest regular rectilinear, cuboidal, conical,
cylindrical, or pyramidal geometric shapes encompassing the perimeter
of the entire array and all of its parts and attachments.
(2)
Lot area. A new wireless communication tower shall not be constructed
on a lot that does not conform to the minimum lot area required in
the zoning district, even if such lot is a lawful, nonconforming lot
of record.
(3)
Access. The Planning Board shall have the authority to review
and approve the access to the tower site. If the Planning Board determines
that there is or may be future development on the access road to the
tower, it shall require a fifty-foot right-of-way. Road access to
the telecommunication site shall be the minimum size necessary to
allow safe access.
(4)
Setbacks.
(a)
The center of the tower base shall be set back from the property
line by a distance of at least 100% of the total tower height. This
provision shall apply to both leased and owned property. Equipment
facilities, and other nonresidential structures deemed functionally
dependent by the Planning Board for the WCF, may be permitted within
the required setback area if desired by the applicant. If guy wires
are used, they shall meet the applicable building setback from the
property line.
(b)
Equipment facilities shall meet the required district setbacks.
(c)
There shall be no setback requirements for antennas mounted
on alternative tower structures. The standard district setbacks shall
continue to apply for alternative tower structures and equipment facilities,
where applicable.
In all cases, the burden of proof shall be on the applicant
to demonstrate to the Planning Board that the required standards have
been met.
A.
Procedure. The applicant shall submit all of the items listed in § 215-8.9A, Submission requirements, for all applications to the Casco CEO. The applicant must submit, in writing, request(s) for any waivers to the submission requirements.
B.
Once the CEO has determined that the applicant has provided all information required by Subsection A of this section, the Planning Board shall review the submitted materials on co-location at the next available regular Planning Board meeting. The Planning Board may request additional information if it finds that the submitted materials are not adequate for review as part of the co-location determination process established in Subsection C below. Once the Planning Board has completed its co-location determination in accordance with Subsection C and has determined that co-location is not feasible, the applicant shall submit all information required in § 215-8.8 or 215-8.9 of this article. The Planning Board shall review this information in accordance with the requirements of Subsection E of this section.
C.
Co-location determination. In accordance with the purposes stated
above, Casco's wireless communication standards strongly encourage
co-location on existing tower structures, on alternative tower structures,
on new towers on existing tower sites, or modifying an existing WCT
to accommodate additional antenna/antenna array(s) or increased broadcast
capacity. Proposals for the siting of WCFs or antennas on existing
towers or ATS, or at locations that presently have WCTs, are favored
over proposals for construction of new towers on sites where towers
do not presently exist. The Planning Board review process guides WCF
applicants toward co-location and requires the applicant to prove,
among other factors, that the proposed antennas or facilities cannot
be accommodated by existing tower structures.
(1)
The Planning Board shall have the authority to determine whether
or not co-location is a reasonable, practical and feasible option
based on the following:
D.
Third party authority.
(1)
The Planning Board shall have the authority to require third
party review of any of the required submissions, review guidelines,
and performance standards provided to the Planning Board at the expense
of the applicant to ensure that the requirements of this section and
this chapter are met and maintained. The qualified third party shall,
at the request of the Planning Board, verify the accuracy of the information
presented by the applicant to the Board. This third party authority
shall specifically include verification of the information, facts,
and costs associated with determining whether or not co-location is
a feasible option.
(2)
The Planning Board shall have the authority to choose the third
party or parties deemed necessary by the Planning Board to review
the application. The Planning Board may require a peer review. If
the Planning Board determines that such peer review is insufficient,
the Planning Board shall have the authority to require a more comprehensive
and independent review. The cost of the peer review or independent
review shall be borne by the applicant.
E.
Planning Board review guidelines. The Planning Board may require
that the applicant submit documentation, in writing, that the guidelines
established below will be met and maintained. The Planning Board will
be guided in its consideration of a WCF application by the following
parameters:
(1)
All standards contained in Article 7 of this chapter on site
plan review, including but not limited to criteria and standards and
performance standards.
(3)
The height of the proposed tower, alteration or other necessary
structure does not exceed that which is essential for its intended
use.
(4)
The proximity of the tower and impact to residential development
or zoning districts shall be minimized.
(5)
The nature of uses on adjacent and nearby properties shall be
reviewed and the impact of the WCF minimized.
(6)
The WCF shall minimize changes to the existing natural topography
to the maximum extent feasible and shall take into consideration the
surrounding topography.
(7)
The WCF shall utilize the surrounding tree coverage and foliage
as a buffer. Removal of mature trees shall be strongly discouraged.
(8)
The design of the WCF, including the tower, antenna, antenna
array(s) and any functionally dependent structures, shall have the
effect of reducing or eliminating visual obtrusiveness.
(9)
The WCF shall minimize visual impacts on viewsheds, ridgelines,
and other areas of impact by means of tower location, tree and foliage
clearing and placement of incidental structures.
(10)
The proposed WCF facility will not unreasonably interfere with
the view from any public park, natural scenic vista, historical building,
major view corridor or designated scenic resource.
(11)
The proposed facility will not be constructed in such a manner
as to result in unnecessary 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.
(12)
Based on information submitted by the applicant, the Planning
Board shall ensure that:
(a)
Mitigation measures have been utilized to screen antennas and towers
from view from public rights-of-way or scenic vistas, either via landscaping,
fencing or other architectural screening.
(b)
Creative design measures have been employed to camouflage facilities
by integrating them with existing buildings and among other uses.
(c)
Other technically feasible sites have been investigated and the proposed
facility has been located in order to minimize the effect of the location
on visually sensitive areas such as residential communities, historical
areas, and open space areas.
(13)
An inspection schedule acceptable to the Planning Board shall
be established.
(15)
The WCF shall not unreasonably or significantly affect or de-value
neighboring property(s).
(16)
The Planning Board shall consider the vantage points chosen
by the applicant as part of the visual analysis required in § 215-9,
Requirements for tower. If the Planning Board determines that additional
vantage points should be considered, the applicant shall complete
the visual analyses for these locations for the Board's consideration.
All applications requiring Planning Board review shall meet
and maintain the following performance standards to the maximum extent
possible as determined by the Planning Board:
A.
Structural design standards.
(1)
Any new single-use tower shall be designed to structurally support
a minimum of two additional antenna arrays.
(2)
Communication towers shall be designed and installed in accordance
with the most current standards of the Electronic Industries Association
(EIA) Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures.
(3)
The applicant's engineer shall provide documentation showing
that the proposed WCT meets or exceeds the most current standards
of the American National Standards Institute ANSI/EIA/TIA-222 for
Cumberland County relative to wind and ice loads when the tower is
fully loaded with antennas, transmitters, and other equipment as described
in the submitted plan.
(4)
For towers or antennas placed on buildings or alternative tower
structures, the applicant shall also provide written certification
from a structural engineer that the building or ATS itself is structurally
capable of safely supporting the tower, antennas, their accompanying
equipment and ice and wind loads.
(5)
A proposal to construct a new co-located WCT at or below the maximum height allowable permitted for a single wireless communication service must include evidence that the tower can structurally support a minimum of two antennas arrays for each anticipated co-locating entity. See § 215-8.9C, Tower height.
(6)
Radiation emission standards. The design, siting and operation
of the tower and any related structures must assure that all potentially
hazardous radiation is controlled or contained and that radiation
levels are at safe levels as determined by applicable state and federal
standards.
B.
Aesthetics.
(1)
Except where otherwise dictated by federal or state requirements,
the Planning Board may require that a proposed tower be camouflaged
or designed to blend with its surroundings. This may include, but
is not limited to, having a galvanized finish and being painted "flat"
blue gray or in a sky tone above the top of surrounding trees and
earth tone below treetop level.
(2)
Equipment facilities shall be adjacent to the tower base unless
an alternative location will be less visually obtrusive or topographic
considerations require an alternative location.
(3)
Equipment facilities shall be no taller than one story in height
and shall be created to look like a building or facility typically
found in the area.
(4)
If lighting is required by state or federal regulations, 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)
Antenna arrays and microwave dishes located on an ATS shall
be placed in such a manner as to be indistinguishable as possible
from the current appearance of the existing structure as viewed from
the ground level adjacent to the ATS. If, however, circumstances do
not permit such placement, the antenna array and dishes shall be placed
and colored to blend into the architectural detail and coloring of
the host structure.
(6)
The Planning Board may require special design of the facilities
where findings of particular sensitivity are made (e.g., proximity
to historic or aesthetically significant structures, views and/or
community features).
(7)
Multiple towers proposed on a single lot or parcel shall be
clustered as closely together as technically possible.
(8)
Buffering requirements.
(a)
Vegetative buffering must be provided to screen, at ground level,
the tower including any accessory buildings and structures from adjacent
land uses. The preservation of existing mature vegetation, especially
trees, is strongly encouraged by the Planning Board. If existing vegetation
at the time of the application does not provide adequate buffering
to minimize visual impact of the structure, the Planning Board may
require the applicant to provide, at the applicant's expense, a visual
impact analysis by a qualified professional. Said professional shall
provide a written recommendation to the Planning Board which will
be taken into consideration in the approval process.
(b)
All telecommunication facilities shall maintain the required
setbacks as undisturbed vegetated buffers, except for the access road.
The Planning Board may require additional plantings in the buffer
area(s) 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.
C.
Safety and security.
(1)
Sufficient anti-climbing measures and other security measures
preventing access to the site shall be incorporated into the facility,
as needed, to reduce the potential for trespass and injury.
(2)
Manually operated or motion-detecting security lighting shall
be permitted.
(3)
A locked, gated chain-link (security) fence at least eight feet
in height as measured from the finished grade shall be provided around
any tower. Roof-mounted towers shall be exempt.
A.
Performance guarantee.
(1)
Any application that requires Planning Board review and approval
may require the posting of a performance guarantee for the development,
construction, or modification to the WCF. The Planning Board shall
determine whether or not a performance guarantee is required based
on the Board's assessment of the potential of the project to cause
the Town to incur expenses, such as to stabilize the site if the project
is not completed.
(2)
The amount of the guarantee shall be sufficient to return the
land to a condition as near to the original preconstruction condition
as possible as determined by the Planning Board. The amount of the
guarantee shall be determined by the Planning Board based on estimates
from independent contractors. The type and form of guarantee shall
be approved by the Selectboard. The guarantee shall be released only
as authorized by the Planning Board.
B.
Guarantee for removal of abandoned wireless communication facilities.
(1)
The applicant for a new tower shall post a performance guarantee
in the form of a continuous corporate surety bond, or an escrow account,
for the benefit of the Town equal to 125% of the estimated demolition
and removal cost of the tower and associated facilities if abandoned
at any time by the applicant. Estimates of demolition and removal
costs shall be provided by an independent contractor and shall not
be based on services being provided by Town employees and Town equipment.
(2)
The amount of the guarantee shall be approved by the Planning
Board and shall be sufficient to return the land to a condition as
near to the original preconstruction condition as possible as determined
by the Planning Board. Estimated removal costs shall include all aboveground
structures, equipment, foundations, guy anchors, utilities, access
roads or driveways specifically constructed to service the tower,
structures, equipment or utilities, and the land returned to a condition
as near to the original preconstruction condition as possible.
(3)
The type and form of the guarantee shall be approved by the
Selectboard. The Selectboard shall have the authority to require either
a certified check payable to the Town of Casco, a savings account
passbook issued in the name of the Town, or a faithful performance
bond running to the Town of Casco and issued by a surety company authorized
to do business in Maine and acceptable to the Selectboard.
(4)
All performance guarantees shall be on a continuous basis, with
any provision for cancellation to include that a minimum thirty-day
prior notice of cancellation, or renewal, be sent by certified mail
to the Town of Casco. The performance guarantee covering such removal
shall be for a minimum term of five years. It shall contain a mechanism
satisfactory to the Planning Board 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.
C.
Removal and storage of materials.
(1)
All used structural and electronic components shall be removed
within six months and properly disposed of once they have exceeded
their useful life and are no longer in use. This standard includes,
but is not limited to, removing used guy wires, used fence parts,
and structural components for towers.
(2)
Outside storage of materials shall not be permitted except as
specifically approved by the Planning Board.
D.
Time schedule. The WCF must be completed for operational use by the
end of a twelve-month period after final approval.
A.
Alterations to new or existing conforming wireless communication towers. Normal maintenance and repairs of any conforming wireless communication tower and its related buildings may be performed without a permit from the CEO. Planning Board review and approval in accordance with the standards established in § 215-8.10, Planning Board review, shall be required if any of the following changes are proposed:
(1)
Any increase in the number or size of antenna(s)/antenna array(s)
or broadcast capacity in excess of the exemption standards contained
in FCC OET Bulletin No. 65.
(2)
Any increase in tower height.
(3)
Any change to tower lighting or existing buffering.
(4)
Any change to the access road or the size (square feet or volume)
of any structure on site.
B.
Alterations to existing nonconforming wireless communication tower.
Any change to a nonconforming wireless communication tower shall comply
with the following standards:
(1)
The normal maintenance of wireless communication towers existing
as of the adoption of these standards (January 8, 2000) shall be permitted
provided that all applicable standards are met.
(2)
Any change except normal maintenance shall require a permit
from the CEO. This includes, but is not limited to, the replacement
of any structural or functional component on, or attached to, a WCF.
(3)
Planning Board review is required as established in § 215-8.10, Planning Board review, for any of the following alterations:
(4)
If an applicant requests a permit from the CEO that has the effect of altering, repairing, maintaining, or changing the WCT so that it exceeds 50% of the original construction cost of the tower during the past 10 years, then Planning Board review in accordance with the procedure established in § 215-8.10, Planning Board review, shall be required.
(5)
If Planning Board review is required as established above due
to the 50% standard, the Planning Board shall have the authority to
allow an existing tower to be altered, repaired, replaced or rebuilt,
provided that the following conditions are met as determined by the
Planning Board:
(a)
The Planning Board shall not have the authority to allow an
increase to the existing tower's nonconformity.
(b)
The burden of proof shall be on the applicant to demonstrate to the Planning Board that it is not technically feasible to provide wireless communication service in accordance with the standards contained in § 215-8.9, Requirements for tower, § 215-8.10, Planning Board review, and § 215-8.11, Performance standards. If the Planning Board determines that there is no technically feasible option of providing wireless communication service without allowing proposed change to the nonconforming tower to be permitted, the Planning Board shall allow only the minimum amount of nonconformity necessary to permit the wireless communication service provider to provide the service to customers.
(6)
If an applicant proposes to increase the number or size of antenna(s)/antenna
array(s), add antenna(s)/antenna array(s), or increase broadcast capacity
(in excess of the exemption standards contained in FCC OET Bulletin
No. 65) to an existing nonconforming wireless communication tower,
Planning Board review and approval shall be required in accordance
with the following guidelines:
(a)
The applicant shall submit evidence to the Planning Board indicating whether or not the 50% standard established in Subsection B(4) will be met as a result of the proposed change. If the CEO determines that the 50% standard will be exceeded as a result of the proposed change, the applicable review process shall be required.
(b)
If the CEO determines that the 50% standard will not be exceeded
as a result of the proposed change, the applicant shall provide the
Planning Board with the following information:
[1]
Submission requirements set forth in § 215-8.9A(1) through (3) of this article.
(c)
The Planning Board shall review the information submitted by the applicant and review the application in accordance with the guidelines established in § 215-8.10, Planning Board review.
(d)
The applicant shall design the proposed changes to meet the standards contained in this article to the maximum extent feasible. This specifically includes the standards established in § 215-8.9D(1), Mounting and dimensions, and § 215-8.11, Performance standards. The Planning Board shall have the authority to determine whether or not the standards contained in § 215-8.11 have been met to the maximum extent feasible.
(e)
The Planning Board shall have the authority to require the establishment
of or revision to a performance bond(s) as established in § 215-12A,
Performance guarantee, and § 215-12B, Guarantee for removal
of abandoned wireless communication facilities.
The CEO shall ensure that the following requirements are met
prior to the issuance of a building permit for a WCF:
A.
The CEO shall not issue a permit for the construction of a new wireless
communication facility or any change to an existing wireless communication
facility that requires Planning Board review until the Planning Board
has approved the facility and all applicable conditions have been
met.
B.
The CEO shall not issue a building permit for a WCF unless all required
permits are obtained and filed with the Town, including but not limited
to any applicable federal or state permits or licenses.
C.
In the event that an applicant proposes to add capacity, the CEO
may issue a permit for additional antenna(s), antenna array(s) or
broadcast capacity if the facility has been previously and specifically
approved by the Planning Board for the requested changes. The Planning
Board approval must specifically state that this capacity is allowed
and establish a time period during which the CEO may issue a permit
for the additional capacity. Any increase in broadcast capacity in
excess of the exemption standards contained in FCC OET Bulletin No.
65 must be previously and specifically approved by the Planning Board.
D.
The CEO shall have the authority to use professional and technical
services to review proposed plans and to inspect the construction
of an approved project. The applicant shall pay all costs incurred
for these review and inspection services.
E.
If inspections and/or proof of insurance is required by the Planning
Board, all necessary forms and inspection schedule(s) shall be submitted.
F.
If the Planning Board requires a performance guarantee and/or abandonment/removal
bond for the proposed WCF, the amount and type of the bond(s) as required
by the Planning Board shall be received and found acceptable by the
CEO prior to the CEO taking action on any building permit application.
G.
For any NCWCT, the CEO shall keep records of the repairs made to each tower to determine whether or not Planning Board review is required as established in § 215-8.13B, Alterations to existing nonconforming wireless communication tower. In order to ensure that the information provided by the applicant for this standard is accurate, the CEO shall have the authority to require third party review of the information submitted by the applicant, as authorized in § 215-8.10D, Third party authority.
A.
Inspections of towers by either a registered professional engineer
in the State of Maine or a qualified third party mutually agreed upon
by the applicant and the CEO/Town Engineer shall be performed to assess
structural integrity. Such inspections shall be performed as follows:
(1)
Monopole towers. At least once every seven years following completion
of construction. The inspection shall take place between the sixth
and seventh year of the repeat sequence.
(2)
Self-supporting towers. At least once every five years following
completion of construction. The inspection shall take place between
the fourth and fifth year of the repeat sequence.
(3)
Guyed towers. At least once every three years following completion
of construction. The inspection shall take place between the second
and third year of the repeat sequence.
B.
The inspection report shall be submitted to the CEO or designee Town
Engineer within 30 days of its receipt by the tower owner. Based upon
the results of the inspection, the CEO, or upon recommendation by
the CEO, the designee Town Engineer may require repair or demolition
of the tower.
C.
The cost of such inspections, reports, repairs or demolition required
under this section shall be borne entirely by the tower owner. Required
repairs shall be completed within 90 days, or less, as required by
the CEO or designee Town Engineer for safety reasons.
D.
Failure to provide required inspection reports in the required time
schedule shall be deemed prima facie evidence of abandonment.
A.
The owner of a WCF shall notify the Code Enforcement Officer of the
date of cessation of use of the facility or any component(s) thereof
within one month from the date of such cessation. If the owner fails
to give the notice required by this subsection, the Code Enforcement
Officer shall make a determination of such date, which determination
shall be conclusive.
B.
Any WCF or component thereof that is not operated for a continuous
period of 12 months shall be considered abandoned. The owner of an
abandoned WCF or component thereof shall remove it within 90 days
of receipt of notice from the CEO of determination of abandonment.
If the owner fails to remove the abandoned WCF or component thereof
as required by the Town, the Town shall utilize the removal guarantee
and shall cause the removal of the abandoned equipment and any required
site restoration.
C.
The applicant shall be required to post a performance guarantee in accordance with standards established in § 215-8.12, Additional standards and criteria.
D.
If there are two or more users of a single tower or WCF, then this
provision shall not apply until all users cease using the tower or
WCF.
E.
If all antennas above a manufactured connection on a tower are removed,
the resulting unused portions of the tower shall subsequently be removed
within six months.
The Planning Board may waive any of the submission requirements
based upon a written request of the applicant submitted at the time
of application. A waiver of any submission requirement may be granted
only if the Planning Board finds in writing that, due to special circumstances
of the application, the information is not required to determine compliance
with the standards of this article. The Planning Board must additionally
determine that such modification or waiver would not adversely affect
properties in the vicinity or the general safety and welfare of the
Town. The burden of proof regarding any such modification or waiver
rests solely with the applicant and must be shown to be consistent
with federal and state law and with the purpose of this article.
Appeals shall be in accordance with the standards established in § 215-6.3 of this chapter.
This article becomes effective on January 8, 2000.
