Article 8 shall be known and cited as the "Wireless Communication
Facilities Siting Article" of Casco, Maine (hereinafter referred to
as "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.
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:
ANTENNA/ANTENNA ARRAY
A.
A device used in communication that transmits or receives radio
or electromagnetic frequency signals.
B.
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.
C.
These include, but are not limited to, omnidirectional antennas
(whip or rod), directional antennas (panel) and parabolic antennas
(dish or disc).
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower tripod, or other structure
that attaches to a tower and supports one or more antennas.
ATS (ALTERNATIVE TOWER STRUCTURE)
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.
CO-LOCATION
The use of a wireless communication facility by more than
one wireless communications provider.
EQUIPMENT FACILITY
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.
FAA
Federal Aviation Administration, or its lawful successor.
FCC
Federal Communications Commission, or its lawful successor.
NORMAL MAINTENANCE
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.
TOWER HEIGHT
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.
WCF (WIRELESS COMMUNICATION FACILITY)
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.
WCT (WIRELESS COMMUNICATION TOWER)
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.
WIRELESS COMMUNICATIONS
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.
WIRELESS COMMUNICATION TOWERS, CO-LOCATED
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.
D. A building permit, in accordance with the standards established in §
215-8.14, Building permit requirements, must be obtained from the CEO for the following:
(1)
Construction of a WCF that does not exist as of the adoption
of these standards (January 8, 2000).
(2)
Any alteration to a NCWCT except normal maintenance.
(3)
Any WCF application 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.
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:
(a) Required submissions stated above in §
215-8.9A, Submission requirements, for all applications.
(b) The purposes for these WCF standards as stated in §
215-8.3, Purpose.
(c) The Planning Board's interpretation of the information provided by the applicant required in §
215-8.9A(1) through
(3).
(2)
The Planning Board shall determine, by a vote, whether or not co-location will be required. If the Planning Board determines that co-location will not be required, the application shall be considered under §
215-8.9A, Submission requirements.
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.
(2)
All standards contained in §
215-8.11, 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.
(14)
The Planning Board may require a performance guarantee in accordance with §
215-8.12A of this article. The applicant shall provide a removal guarantee as required by §
215-8.12B of this article.
(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.
(9)
No advertising or signage shall be permitted on any tower or antenna except for safety or other signage that may be required by the FCC. Any other signage shall comply with the requirements established in §
215-5.28 of this chapter.
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.
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.
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.