[HISTORY: Adopted by the Town of Kennebunkport 11-2-1999; amended 11-6-2018. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Wireless Telecommunications
Facilities Siting Ordinance" of Kennebunkport, Maine (hereinafter
referred to as the "chapter").
This chapter is adopted pursuant to the enabling provisions
of Article VIII, Part Second, 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 Regulation Act, 30-A M.R.S.A.
§ 4312 et seq.
The purpose of this chapter is to provide a process and a set
of standards for the construction of wireless telecommunications facilities
in order to:
A.
Implement a municipal policy concerning the provision of wireless
telecommunications services and the siting of their facilities;
B.
Establish clear guidelines, standards and time frames for the exercise
of municipal authority to regulate wireless telecommunications facilities;
C.
Allow competition in telecommunications service;
D.
Encourage the provision of advanced telecommunications services to
the largest number of businesses, institutions and residents of Kennebunkport;
E.
Permit and manage reasonable access to the public rights-of-way of
Kennebunkport for telecommunications purposes on a competitively neutral
basis;
F.
Ensure that all telecommunications carriers providing facilities
or services within Kennebunkport comply with the ordinances of Kennebunkport;
G.
Ensure that Kennebunkport can continue to fairly and responsibly
protect the public health, safety and welfare;
H.
Encourage the co-location of wireless telecommunications facilities
and alternative technologies, thus helping to minimize adverse visual
impacts on the community;
I.
Enable Kennebunkport to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry competition
and technological development;
J.
Further the goals and policies of the Comprehensive Plan, while promoting
orderly development of the Town with minimal impacts on existing uses;
K.
Protect the scenic and visual character of the community; and
L.
Comply with the 2012 Spectrum Act and the Telecommunications Act
of 1996, as each is amended.
A.
This local land use ordinance applies to all construction and expansion of wireless telecommunications facilities, except as provided in Subsection B.
B.
Exemptions. The following are exempt from the provisions of this
chapter:
(1)
Emergency wireless telecommunications facility. Wireless communication
facilities for emergency communications by public officials or any
municipal or quasi-municipal organization currently served by the
Town of Kennebunkport's Communications Department including, without
limitation, the KK&W Water District and co-location by any person
or firm, public or private, on any tower owned or operated by the
KK&W Water District, provided co-location by any private person
or firm shall be subject to site plan approval by the Planning Board
in addition to other applicable provisions of this chapter.
(2)
Amateur (ham) radio stations. Amateur (ham) radio stations licensed
by the Federal Communications Commission (FCC).
(3)
Parabolic antenna. Parabolic antennas less than seven feet in diameter
that are an accessory use of the property.
(4)
Maintenance or repair. Maintenance, repair or reconstruction of a
wireless telecommunications facility and related equipment, provided
that there is no change in the height or any other dimension of the
facility.
(5)
Temporary wireless telecommunications facility. Temporary wireless
telecommunications facility in operation for a maximum period of 180
days.
A.
Approval required. No person shall construct or expand a wireless
telecommunication facility without approval of the Code Enforcement
Officer (CEO) or the Planning Board as follows:
(1)
Expansion of an existing facility and co-location. Approval by the
CEO and issuance of a building permit is required for:
(a)
Any expansion of an existing wireless telecommunications facility
that increases the height of the facility by no more than 20 feet;
(b)
Accessory use of an existing wireless telecommunications facility;
(c)
Co-location on an existing wireless telecommunications facility or
alternative tower structure; or
(d)
Installation of small-cell facilities on existing utility poles.
(2)
New construction. Approval of the Planning Board and issuance of
a building permit is required for construction of all new wireless
telecommunications facilities and any expansions or substantial modifications
of existing wireless telecommunications facilities such as, but not
limited to, increases in the height of the facility by more than 20
feet or new disturbed area or equipment cabinets outside the area
occupied by the existing facility.
A.
Preapplication conference. All persons seeking approval of the CEO
or the Planning Board under this chapter shall meet with the CEO no
less than 30 days before filing an application. At this meeting, the
CEO shall explain to the applicant the ordinance provisions, as well
as application forms and submissions that will be required under this
chapter.
B.
Application. All persons seeking approval of the CEO or the Planning
Board under this chapter shall submit an application as provided below.
The CEO shall be responsible for ensuring that notice of the application
has been published in a newspaper of general circulation in the community.
(1)
Application for CEO approval. Applications for permit approval by
the CEO must include the following materials and information:
(a)
Documentation of the applicant's right, title, or interest in
the property where the facility is to be sited, including name and
address of the property owner and the applicant.
(b)
A copy of the FCC license for the facility or a signed statement
from the owner or operator of the facility attesting that the facility
complies with current FCC regulations.
(c)
Identification of districts, sites, buildings, structures or
objects, significant in American history, architecture, archaeology,
engineering or culture, that are listed, or eligible for listing,
in the National Register of Historic Places [see 54 U.S.C. § 300308;
36 CFR 60 and 800].
(d)
Location map and elevation drawings of the proposed facility
and any other proposed structures, showing color, and identifying
structural materials.
(e)
For a proposed small-cell facility: name and address of the
owner(s) of the utility pole; utility pole number; address of nearest
property; and structural analysis, signed by a Maine licensed professional
engineer, attesting to the ability of the utility pole to support
the small-cell facility without any impact to the structural integrity
of the utility pole or network of poles.
(f)
For proposed expansion of an existing facility, a signed statement
that commits the owner of the facility, and his or her successors
in interest, to:
[1]
Respond in a timely, comprehensive manner to a request for information
from a potential co-location applicant, in exchange for a reasonable
fee not in excess of the actual cost of preparing a response;
[2]
Negotiate in good faith for shared use by third parties;
[3]
Allow shared use if an applicant agrees in writing to pay reasonable
charges for co-location;
[4]
Require no more than a reasonable charge for shared use, based
on community rates and 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.
(2)
Application for Planning Board approval. An application for approval
by the Planning Board must be submitted to the Code Enforcement Officer.
The application must include the following information:
(a)
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.
(b)
A copy of the FCC license for the facility, or a signed statement
from the owner or operator of the facility attesting that the facility
complies with current FCC regulations.
(c)
A USGS 7.5-minute topographic map showing the location of all
structures and wireless telecommunications facilities above 150 feet
in height above ground level, except antennas located on rooftops,
within a five-mile radius of the proposed facility, unless this information
has been previously made available to the Town. This requirement may
be met by submitting current information (within 30 days of the date
the application is filed) from the FCC Tower Registration Database.
(d)
A site plan prepared and certified by a Maine licensed professional
engineer indicating the location, type, and height of the proposed
facility, antenna capacity, on-site and abutting off-site land uses,
means of access, setbacks from property lines, and all applicable
American National Standards Institute (ANSI) technical and structural
codes. Certification by the applicant that the proposed facility complies
with all FCC standards for radio frequency emissions is required and
a boundary survey for the project performed by a land surveyor licensed
by the State of Maine.
(e)
A scenic assessment consisting of the following:
[1]
Elevation drawings of the proposed facility, and any other proposed
structures, showing height above ground level;
[2]
A landscaping plan indicating the proposed placement of the
facility on the site; location of existing structures, trees, and
other significant site features; the type and location of plants proposed
to screen the facility; the method of fencing; the color of the structure;
and the proposed lighting method;
[3]
Photo simulations of the proposed facility taken from perspectives
determined by the Planning Board, or its designee, during the preapplication
conference. Each photo must be labeled with the line of sight, elevation,
and with the date taken imprinted on the photograph. The photos must
show the color of the facility and method of screening;
[4]
A narrative discussing:
(f)
A written description of how the proposed facility fits into
the applicant's telecommunications network. This submission requirement
does not require disclosure of confidential business information.
(g)
Evidence demonstrating that no existing building, site, or structure
can accommodate the applicant's proposed facility, the evidence for
which may consist of any one or more of the following:
[1]
Evidence that no existing facilities are located within the
targeted market coverage area as required to meet the applicant's
engineering requirements.
[2]
Evidence that existing facilities do not have sufficient height
or cannot be increased in height at a reasonable cost to meet the
applicant's engineering requirements.
[3]
Evidence that existing facilities do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
Specifically:
[a]
Planned, necessary equipment would exceed the structural
capacity of the existing facility, considering the existing and planned
use of those facilities, and these existing facilities cannot be reinforced
to accommodate the new equipment.
[b]
The applicant's proposed antenna or equipment would
cause electromagnetic interference with the antenna on the existing
towers or structures, or the antenna or equipment on the existing
facility would cause interference with the applicant's proposed antenna.
[c]
Existing or approved facilities do not have space
on which planned equipment can be placed so it can function effectively.
[4]
For facilities existing prior to the effective date of this
chapter, the fees, costs, or contractual provisions required by the
owner in order to share or adapt an existing facility are unreasonable.
Costs exceeding the pro rata share of a new facility development are
presumed to be unreasonable. This evidence shall also be satisfactory
for a tower built after the passage of this chapter.
[5]
Evidence that the applicant has made diligent good faith efforts
to negotiate co-location on an existing facility, building, or structure,
and has been denied access.
(h)
Identification of districts, sites, buildings, structures or
objects, significant in American history, architecture, archaeology,
engineering or culture, that are listed, or eligible for listing,
in the National Register of Historic Places [see 54 U.S.C. § 300308;
36 CFR 60 and 800].
(i)
A signed statement stating that the owner of the wireless telecommunications
facility and his or her successors and assigns agree to:
[1]
Respond in a timely, comprehensive manner to a request for information
from a potential co-location applicant, in exchange for a reasonable
fee not in excess of the actual cost of preparing a response.
[2]
Negotiate in good faith for shared use of the wireless telecommunications
facility by third parties.
[3]
Allow shared use of the wireless telecommunications facility
if an applicant agrees in writing to pay reasonable charges for co-location.
[4]
Require no more than a reasonable charge for shared use, based
on community rates and 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, 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. The amortization
of the above costs by the facility owner shall be accomplished at
a reasonable rate, over the useful life span of the facility.
(j)
A form of surety approved by the Planning Board to pay for the
costs of removing the facility if it is abandoned.
(k)
Evidence that a notice of the application has been published
in a local newspaper of general circulation in the community.
C.
Submission waiver. The CEO or Planning Board, as appropriate, 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 CEO or 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 chapter.
D.
Fees.
(1)
CEO application fee. An application for CEO approval shall include
payment of an application fee as determined annually by the Board
of Selectmen. The application shall not be considered complete until
this fee is paid.
(2)
Planning Board application fee. An application for Planning Board
approval shall include payment of an application fee as determined
annually by the Board of Selectmen. The application shall not be considered
complete until this fee is paid.
(3)
Planning Board review fee.
(a)
An applicant for approval by the Planning Board 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 the privilege of review and
shall be payable without regard to consultation results or the outcome
of the application. The review fee shall be paid in full prior to
the start of construction. No building permit may be issued until
all review fees have been paid in full.
(b)
That portion of the review fee not used shall be returned to
the applicant within a reasonable period time after the Planning Board's
decision, once it has been determined that all associated costs have
been paid.
E.
Notice of complete application.
(1)
Upon receipt of an application, the CEO shall provide the applicant
with a dated receipt. Within five working days of receipt of an application,
the CEO shall review the application and determine if the application
meets the submission requirements. The CEO or Planning Board, as appropriate,
shall review any requests for a waiver from the submission requirements
and shall act on these requests prior to determining the completeness
of the application.
(2)
If the application is complete, the CEO shall notify the applicant
in writing of this determination and require the applicant to provide
a sufficient number of copies of the application to the Planning Board,
Code Enforcement Office, Police Department and Fire Department.
(3)
If the application is incomplete, the CEO shall notify the applicant
in writing, specifying the additional materials or information required
to complete the application.
(4)
If the application is deemed to be complete, and requires Planning
Board review, the CEO shall notify all abutters to the site as shown
on the Assessor's records, by first-class mail, that an application
has been accepted. This notice shall contain a brief description of
the proposed activity and the name of the applicant, give the location
of a copy of the application available for inspection, and provide
the date, time, and place of the Planning Board meeting at which the
application will be considered. Failure on the part of any abutter
to receive such notice shall not be grounds for delay of any consideration
of the application nor denial of the project.
F.
Public hearing. For applications for Planning Board approval under § 290-5A(2), a public hearing shall be held within 30 days of the notice of the complete application.
G.
Approval.
(1)
CEO approval.
(a)
Within 30 days of receiving a complete application for approval under § 290-5A(1), the CEO shall approve, approve with conditions, or deny the application in writing, together with the findings on which that decision is based. With the exception of applications for installation of a small-cell facility, the CEO shall approve the application if the CEO finds that the application complies with the provisions in § 290-7A of this chapter.
(b)
For a small-cell facility, the CEO shall approve the application
if the CEO finds the following:
[1]
The small-cell facility does not interfere with the safety and
convenience of travel over the public right-of-way or other existing
uses of the utility right-of-way and shall not interfere with municipal
emergency service communication equipment.
[2]
The small-cell facility is not located within 50 feet of a residence or sensitive population (including but not limited to schools, hospitals, nursing facilities etc.). If a small-cell facility is proposed to be located within 50 feet of a residence or sensitive population then the approval process outlined in Subsection G(2), Planning Board approval, shall be followed.
[3]
The small-cell facility is camouflaged such that it is visually
unobtrusive as compared to the preexisting condition of the utility
pole or nearby utility poles, including color and scale.
[4]
The dimensions of the antenna do not exceed three feet in height
or two feet in width and associated equipment has a maximum square
footage of 10 square feet and height of two feet.
[5]
No part of the small-cell facility projects from the utility
pole farther than four feet from its existing height and two feet
from its existing width.
[6]
The small-cell facility is proposed by a licensed provider who
agrees to comply with all local ordinance, state and federal laws.
[7]
The entity seeking approval for the small-cell facility submits
a written commitment to notify the Town within 30 days of cessation
of use of the facility and to remove that facility within 90 days
of termination of use.
(c)
The CEO shall notify all abutters of the decision to issue a
permit under this section. The time period may be extended upon agreement
between the applicant and the CEO.
(2)
Planning Board approval. Within 60 days of receiving a complete application for approval under § 290-5A(1) or 150 days of receiving a complete application for approval under § 290-5A(2), the Planning Board shall approve, approve with conditions, or deny the application in writing, together with the findings on which that decision is based. However, if the Planning Board has a waiting list of applications that would prevent the Planning Board from making a decision within the required period, then a decision on the application shall be issued within 60 days of the public hearing, if necessary, or within 60 days of the completed Planning Board review. This time period may be extended upon agreement between the applicant and the Planning Board.
[Amended 11-3-2020]
H.
Building permit required. No wireless telecommunications facility
shall be constructed or expanded without a building permit therefor
issued by the CEO.
I.
Zoning. Notwithstanding any provision in any municipal ordinance
to the contrary, small-cell facilities and co-located wireless telecommunications
facilities or antennas installed on alternative tower structures shall
be a permitted use in all zoning districts.
To obtain approval from the CEO or the Planning Board, an application
must comply with the standards in this section.
A.
CEO approval standards. An application for approval by the CEO under § 290-5A(1) must meet the following standards:
(1)
The proposed facility is an expansion, accessory use, or co-location
to a conforming structure legally existing at the time the application
is submitted.
(2)
The applicant has sufficient right, title, or interest to locate
the proposed facility on the existing structure.
(3)
The proposed facility increases the height of the existing structure
by no more than 20 feet.
(4)
The proposed facility will be constructed with materials and colors
that match or blend with the surrounding natural or built environment
to the maximum extent practicable.
(5)
The proposed facility, to the greatest degree practicable, shall
have no unreasonable adverse impact upon districts, sites, buildings,
structures or objects, significant in American history, architecture,
archaeology, engineering or culture, that are listed, or eligible
for listing, in the National Register of Historic Places [see 54 U.S.C.
§ 300308; 36 CFR 60 and 800].
B.
Planning Board approval standards. An application for approval by the Planning Board under § 290-5A(2) must meet the following standards:
(1)
Location. New wireless telecommunications facilities installed on new towers may be permitted only in the following district as designated in Chapter 240, Land Use: Free Enterprise Zone.
(2)
Siting on municipal property. If an applicant proposes to locate
a new wireless telecommunications facility or expand an existing facility
on Town property, the applicant must show the following:
(a)
The proposed location complies with applicable municipal policies
and ordinances.
(b)
The proposed facility will not interfere with the intended purpose
of the property.
(c)
The applicant has adequate liability insurance and a lease agreement
with the Town that includes reasonable compensation for the use of
the property and other provisions to safeguard the public rights and
interests in the property.
(3)
Design for co-location. A new wireless telecommunications facility
and related equipment must be designated and constructed to accommodate
expansion for future co-location of at least three additional wireless
telecommunications facilities or providers. However, the Planning
Board may waive or modify this standard where the district height
limitation effectively prevents future co-location.
(4)
Height. A new wireless telecommunications facility must be no more
than 200 feet in height.
(5)
Setbacks. A new or expanded wireless telecommunications facility
must comply with the setback requirements for the zoning district
in which it is located, or be set back 105% of its height from all
property lines, whichever is greater. The setback may be satisfied
by including the areas outside the property boundaries if secured
by an easement. The following exemptions apply:
(a)
The setback may be reduced by the Planning Board upon a showing
by the applicant that the facility is designed to collapse in a manner
that will not harm other property.
(b)
An antenna is exempt from the setback requirement if it extends
no more than five feet horizontally from the edge of the structure
to which it is attached, and it does not encroach upon an abutting
property.
(c)
This setback does not apply to the installation of co-located
wireless telecommunication facilities or small-cell facilities on
alternative tower structures.
(6)
Landscaping. A new wireless telecommunications facility and related
equipment must be screened with plants from view by abutting properties,
to the maximum extent practicable. Existing plants and natural land
forms on the site shall also be preserved to the maximum extent practicable.
(7)
Fencing. A new wireless telecommunications facility must be fenced
to discourage trespass on the facility and to discourage climbing
on any structure by trespassers.
(8)
Lighting. A new wireless telecommunications facility must be illuminated
only as necessary to comply with FAA or other applicable state and
federal requirements. However, security lighting may be used as long
as it is shielded to be down-directional to retain light within the
boundaries of the site to the maximum extent practicable.
(9)
Color and materials. A new wireless telecommunications facility must
be constructed with materials and colors that match or blend with
the surrounding natural or built environment, to the maximum extent
practicable. Unless otherwise required, muted colors, earth tones,
and subdued hues shall be used.
(10)
Structural standards. A new wireless telecommunications facility
must comply with the current Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures."
(11)
Visual impact. The proposed wireless telecommunications facility
will have no unreasonable adverse impact upon designated scenic resources
within the Town, as identified either in the Town's Comprehensive
Plan, or by a state or federal agency. In determining the potential
unreasonable adverse impact of the proposed facility upon the designated
scenic resources, the Planning Board shall consider the following
factors:
(a)
The extent to which the proposed wireless telecommunications
facility is visible above tree line, from the viewpoint(s) of the
impacted designated scenic resource;
(b)
The type, number, height, and proximity of existing structures
and features, and background features within the same line of sight
as the proposed facility;
(c)
The extent to which the proposed wireless telecommunications
facility would be visible from the viewpoint(s);
(d)
The amount of vegetative screening;
(e)
The distance of the proposed facility from the viewpoint and
the facility's location within the designated scenic resource; and
(f)
The presence of reasonable alternatives that allow the facility
to function consistently with its purpose.
(12)
Noise. During construction, repair, or replacement, operation
of a backup power generator at any time during a power failure, and
testing of a backup generator between 8:00 a.m. and 9:00 p.m. is exempt
from existing municipal noise standards.
(13)
Historic and archaeological properties. The proposed facility,
to the greatest degree practicable, will have no unreasonable adverse
impact upon a historic district, site or structure which is currently
listed on or eligible for listing on the National Register of Historic
Places.
C.
Standard conditions of approval. The following standard conditions
of approval shall be a part of any approval or conditional approval
issued by the CEO or Planning Board. Where necessary to ensure that
an approved project meets the criteria of this chapter, the Planning
Board can impose additional conditions of approval. Reference to the
conditions of approval shall be clearly noted on the final approved
site plan, and shall include:
(1)
The owner of the wireless telecommunications facility and his or
her successors and assigns agree to:
(a)
Respond in a timely, comprehensive manner to a request for information
from a potential co-location applicant, in exchange for a reasonable
fee not in excess of the actual cost of preparing a response.
(b)
Negotiate in good faith for shared use of the wireless telecommunications
facility by third parties.
(c)
Allow shared use of the wireless telecommunications facility
if an applicant agrees in writing to pay reasonable charges for co-location.
(d)
Require no more than a reasonable charge for shared use of the
wireless telecommunications facility, based on community rates and
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. The amortization
of the above costs by the facility owner shall be accomplished at
a reasonable rate, over the life span of the useful life of the wireless
telecommunications facility.
(2)
Upon request by the Town, the applicant shall certify compliance
with all applicable FCC radio frequency emissions regulations.
Any changes to an approved application must be approved by the CEO or the Planning Board, in accordance with § 290-5.
A.
A wireless telecommunications facility that is not operated for a
continuous period of 12 months shall be considered abandoned. The
CEO shall notify the owner of an abandoned facility in writing and
order the removal of the facility within 90 days of receipt of the
written notice. The owner of the facility shall have 30 days from
the receipt of the notice to demonstrate to the CEO that the facility
has not been abandoned.
B.
If the owner fails to show that the facility is in active operation,
the owner shall have 60 days to remove the facility. If the facility
is not removed within this time period, the Town may remove the facility
at the owner's expense. The owner of the facility shall pay all site
reclamation costs deemed necessary and reasonable to return the site
to its preconstruction condition, including the removal of roads,
and reestablishment of vegetation.
C.
If a surety has been given to the Town for removal of the facility,
the owner of the facility may apply to the Planning Board for release
of the surety when the facility and related equipment are removed
to the satisfaction of the Planning Board.
Any person aggrieved by a decision of the CEO or the Planning Board under this chapter may appeal the decision to the Zoning Board of Appeals as an administrative appeal under Chapter 240, Land Use. Written notice of an appeal must be filed with the Zoning Board of Appeals within 30 days of the decision. The notice of appeal shall clearly state the reasons for the appeal.
A.
The Code Enforcement Officer, appointed by the Board of Selectmen as provided in § 5-12 of the Town Administrative Code, shall enforce this chapter. If the CEO finds that any provision of this chapter has been violated, the CEO shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. The CEO shall order correction of the violation and may take any other legal action to ensure compliance with this chapter.
[Amended 11-3-2020]
B.
The Board of Selectmen, or its authorized agent, is authorized to
enter into administrative consent agreements for the purpose of eliminating
violations of this chapter and recovering fines without court action.
Such agreements shall not allow a violation of this chapter to continue
unless:
(1)
There
is clear and convincing evidence that the violation occurred as a
direct result of erroneous advice given by an authorized municipal
official upon which the applicant reasonably relied to its detriment;
(2)
There
is no evidence that the owner acted in bad faith; and
(3)
The
removal of the violation will result in a threat to public health
and safety or substantial environmental damage.
Any person who owns or controls any building or property that
violates this chapter shall be fined in accordance with 30-A M.R.S.A.
§ 4452. Each day such violation continues after notification
by the CEO shall constitute a separate offense.
A.
Conflicts with other ordinances. Whenever a provision of this chapter
conflicts with or is inconsistent with another provision of this chapter
or of any other ordinance, regulation, or statute, the more restrictive
provision shall apply.
B.
Severability. The invalidity of any part of this chapter shall not
invalidate any other part of this chapter.
The terms used in this chapter shall have the following meanings:
Clock towers, bell steeples, light poles, water towers, electrical
transmission line towers, smokestacks, existing buildings, and similar
mounting structures that camouflage, or conceal or support the presence
of an antenna(s).
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure,
even if said highest point is an antenna. Measurement of tower height
shall include antenna, base pad, and other appurtenances and shall
be measured from the finished grade of the facility site. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
A system of one or more rods, panels, discs or similar devices
used for the transmission or reception of radio frequency signals.
These include, but are not limited to, omnidirectional antennas (whips
or rods), directional antennas (panels) and parabolic antennas (dish
or disc).
The use of a wireless telecommunications facility by more
than one wireless telecommunications provider.
That specific location, view, or corridor, as identified
as a scenic resource in the Town's Comprehensive Plan or by a state
or federal agency, that consists of:
A three-dimensional area extending out from a particular viewpoint
on a public way or within a public recreational area, focusing on
a single object, such as a mountain, resulting in a narrow corridor,
or a group of objects, such as a downtown skyline or mountain range,
resulting in a panoramic view corridor; or
Lateral terrain features such as valley sides or woodland as
observed to either side of the observer, constraining the view into
a narrow or particular field, as seen from a viewpoint on a public
way or within a public recreational area.
The addition of antennas, towers, or other devices to an
existing structure.
The Federal Aviation Administration or its lawful successor.
The Federal Communications Commission or its lawful successor.
The vertical measurement from a point on the ground at the
mean finish grade adjoining the foundation as calculated by averaging
the highest and lowest finished grade around the building or structure,
to the highest point of the building or structure. The highest point
shall exclude farm building components, flagpoles, chimneys, ventilators,
skylights, domes, water towers, bell towers, church spires, processing
towers, tanks, bulkheads, or other building accessory features usually
erected at a height greater than the main roofs of buildings.
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
or objects united by past events or aesthetically by plan or physical
development and identified in the Town's Comprehensive Plan, which
is listed or is eligible to be listed on the National Register of
Historic Places. Such historic districts may also comprise individual
elements separated geographically, but linked by association or history.
Any improvement, building or structure of particular historic
or architectural significance to the Town relating to its heritage,
cultural, social, economic or political history, or which exemplifies
historic personages or important events in local, state or national
history identified in the Town's Comprehensive Plan, which has been
listed or is eligible to be listed on the National Register of Historic
Places.
Resources that are:
Listed individually in the National Register of Historic Places
or eligible for listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs approved by the Secretary
of the Interior;
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified by Secretary of the Interior through the Maine Historic
Preservation Commission; or
Areas identified by a governmental agency such as the Maine
Historic Preservation Commission as having significant value as an
historic or archaeological resource and any areas identified in the
Town's Comprehensive Plan, which have been listed or are eligible
to be listed on the National Register of Historic Places.
The direct view of the object from the designated scenic
resource.
An antenna which is bowl-shaped, designed for the reception
and/or transmission of radio frequency communication signals in a
specific directional pattern.
The use other than one which is wholly incidental or accessory
to another use on the same premises.
A regionally or locally significant facility, as defined
and identified either by state statute or in the Town's Comprehensive
Plan, designed to serve the recreational needs of Kennebunkport property
owners.
An antenna, radio, power source and meter, disconnect switch,
fiber optic cable, and supporting equipment, if any, installed on
a utility pole owned by a regulated public utility and installed within
the public right-of-way.
The area which is targeted to be served by this proposed
telecommunications facility.
That the proposed project would produce an end result which:
That location which is identified either in the Town's Comprehensive
Plan or by a federal or state agency, and which serves as the basis
for the location and determination of a particular designated scenic
resource.
A facility that transmits, receives, distributes, provides
or offers telecommunications services, radio or television signals,
or any other spectrum-based transmissions/receptions, together with
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 wireless telecommunications facility that is installed
on an alternative tower structure instead of a new tower structure.
Notwithstanding any other provision of law to the contrary,
this chapter shall become effective immediately upon passage but shall
be retroactive to any application not pending within the meaning of
1 M.R.S.A. § 302 as of August 26, 1999.
