[Added 4-1-2019 by Ord. No. 2019-01]
A. 
Definitions.
For the purposes of this chapter, the following definitions shall apply:
CO-LOCATION
Siting additional telecommunications facilities on an exterior structure or pole with an existing telecommunications facility, using the same support structure, such as poles, buildings, streetlights, water tanks, towers, utility poles and the like, without the need to construct a new support structure, and thus constituting a minor telecommunications facility modification. Co-location may include siting multiple facilities from the same provider or facilities from more than one provider in the same location.
MAJOR TELECOMMUNICATIONS FACILITY MODIFICATION
(1) 
An alteration of an existing exterior telecommunications facility for any purpose where:
(a) 
The height of the existing facility is increased by more than 10% from the current height, or 20 feet, whichever is greater;
(b) 
The existing facility is increased by more than four new equipment cabinets;
(c) 
The new facility will have an additional protrusion of more than 20 feet or width of the existing tower, whichever is greater;
(d) 
Installation of the new facility will require excavation outside existing leased or owned property and current easements.
(2) 
The calculation for such modifications shall be cumulative over time following the initial approval of the telecommunications facility. No such modification shall be permitted if the support structure will exceed the zoning district height as provided in this chapter.
MINOR TELECOMMUNICATIONS FACILITY MODIFICATION
An alteration of an existing exterior telecommunications facility or co-location of additional facilities with an existing exterior telecommunications facility in any zone that does not meet or exceed the thresholds for a major modification, the calculation for which shall be cumulative over time, following the initial approval of the telecommunications facility. No such modification shall be permitted if the modification to the structure will cause the structure to exceed the height limit for the zoning district as provided in this chapter.
NEW TELECOMMUNICATIONS FACILITY
The establishment of a telecommunications facility on a tower, building or other support structure where no such facility presently exists.
SMALL CELL TELECOMMUNICATIONS FACILITY
A facility, excluding satellite television dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small cell telecommunications facility must not be staffed, and consists of one or more antennas attached to a support structure. An antenna or wireless antenna base station which provides wireless voice, data and image transmission within a designated service area as part of a small cell telecommunications facility may consist of a low-powered access node with no more than five watts of transmitter output power per antenna channel, and may not be larger than a maximum height of three feet and a maximum width of two feet. A small cell telecommunications antenna may be installed on existing rooftops, structures or support structures where permitted. A small cell telecommunications facility also consists of related equipment which may be located within a building, an equipment cabinet outside a building, an equipment cabinet on a rooftop that is at least 15 feet high when in a commercial zone or attached to a commercial structure, or 20 feet high when in a residential zone or attached to a residential structure, or an equipment room within a building. Such related equipment shall have a maximum square footage of 10 square feet and a maximum height of two feet.
STEALTH TELECOMMUNICATIONS FACILITY
Any telecommunications facility that is integrated as an architectural feature of a structure or the landscape so that the facility and its purpose to provide wireless services is not visually apparent or prominent.
TELECOMMUNICATIONS FACILITY
Any exterior facility, including an antenna, antenna array or other communications equipment, excluding a satellite television dish antenna or small cell telecommunications facility, established for the purpose of providing wireless voice, data and image transmission within a designated service area and which includes equipment consisting of personal wireless services, as defined in the Federal Telecommunications Act of 1996, which includes Federal Communications Commission-licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and paging, as well as unlicensed wireless services and common carrier wireless exchange access services and similar services that currently exist or that may in the future be developed. A telecommunications facility must not be staffed. A telecommunications facility consists of one or more antennas attached to a support structure and related equipment. Antennas are limited to the following types and dimensions: omni-directional (whip) antennas not exceeding 15 feet in height and three inches in diameter; directional or panel antennas not exceeding 6 1/2 feet in height and two feet in width. An antenna may be mounted to a building, a building rooftop or a freestanding monopole in accordance with § 245-155A. Equipment may be located within a building, an equipment cabinet, or an equipment room within a building. Where reference is made to a telecommunications facility, unless otherwise specified or indicated by context, such reference will be deemed to include the support structure on which the antenna or other communications equipment is mounted, transmission cables, and any associated equipment shelter.
B. 
Telecommunications facilities.
(1) 
No telecommunications facility antenna, antenna array or other communications equipment shall be erected, moved, removed, demolished, added to, or structurally altered without a building permit issued by the Town Office after review by the Town Building Official and payment of the applicable fee.
(a) 
The applicable fee for all new or major modifications of telecommunications facilities is $2,500.
(b) 
The applicable fee for all minor modifications of existing telecommunications facilities is $1,500.
(c) 
The applicable fee for all small cell telecommunication facilities is $350.
(2) 
New or major modifications of telecommunications facilities are not permitted in any residential district.
(3) 
Standards when allowed as permitted use. The following standards apply in those zones in which new or major modifications of telecommunications facilities are allowed as a permitted use:
(a) 
An antenna and a related unmanned equipment building or cabinet may be installed on a rooftop of buildings constituting support structures on privately owned land which are at least 30 feet in height. An antenna may be mounted on the wall of a building facing the rear lot line at a height of at least 30 feet. An antenna may not be mounted on the rear wall of a building on a through lot. A telecommunications facility antenna must not be mounted on the facade of any building designed or used as a one-family residential dwelling. An unmanned equipment building or cabinet may be located on the roof of a building, provided it and all other roof structures do not occupy more than 25% of the roof area. Unmanned equipment buildings or cabinets that increase the roof coverage or all roof structures to occupy more than 25% of the roof area may be approved by the Board of Appeals as a special exception in accordance with Subsection B of this section.
(b) 
Telecommunications antennas may be attached to a freestanding monopole on privately owned land. A freestanding monopole, including antenna structure for a telecommunications facility, is permitted up to 199 feet in height with a setback of one foot for every foot of height from all adjoining residentially zoned properties, and a setback of 1/2 foot for every foot of height from adjoining nonresidential properties.
(c) 
Antennas are limited to the following types and dimensions: omnidirectional (whip) antennas not exceeding 15 feet in height and three inches in diameter; directional or panel antennas not exceeding eight feet in height and two feet in width. Antennas not meeting these criteria may be permitted by special exception when approved by the Board of Appeals under Subsection B(4).
(d) 
An unmanned equipment building or cabinet included as part of a telecommunications facility on privately owned land must not exceed 560 square feet and 12 feet in height. Any such equipment building or cabinet must be so located as to conform to the applicable setback standards of the zone in which the property is classified.
(e) 
Public property.
[1] 
A private telecommunications facility may be located on public property or attached to an existing structure owned or operated by the Town of Federalsburg and shall be a permitted use in all zones. The use of any property owned or operated by the Town shall be at the discretion of the Mayor and Council and shall not be subject to the same conditions and requirements as are applicable to such facilities on privately owned property. The Mayor and Council may but are not required to hold a public hearing prior to its decision to allow the use of property owned or under the control of the Town.
[2] 
A private telecommunications facility may be located on public property of or attached to an existing structure owned or operated by a county, state, federal or other governmental agency or on the property of an independent fire department or rescue squad subject to the same conditions and requirements as are applicable to such facilities on privately owned property.
(f) 
All such antennas shall be located and designed so as to minimize visual impact on surrounding properties and from public streets.
(g) 
No signs are permitted in connection with any telecommunications facility.
(h) 
No lights are permitted on any monopole or antenna unless required by the Federal Communications Commission, the Federal Aviation Administration, or the Town.
(i) 
All monopoles erected as part of a telecommunications facility must maintain at least three telecommunications carriers; provided, however, that a monopole or other support structure designed or engineered to accommodate less than three telecommunications carriers may be permitted by special exception when approved by the Board of Appeals.
(j) 
No more than one monopole is permitted on a lot or parcel of land, and no two monopoles may be located within 1,000 feet of each other in any zone in which such facilities are permitted uses. In any such zone, more than one monopole may be permitted on a lot or parcel and two or more monopoles may be located within 1,000 feet of each other by special exception approved by the Board of Appeals. A special exception to permit either the location of more than one monopole on a lot or parcel or two or more monopoles within 1,000 feet of each other may only be approved by the Board of Appeals if the applicant establishes that existing telecommunications facilities serving the same service area have no additional capacity to include the applicant's antenna or that engineering criteria establish the need for the requested facility. In addition, any such application must comply with all of the other standards and requirements applicable to special exceptions for telecommunications facilities.
(k) 
Every freestanding monopole or support structure and any unmanned equipment building or cabinet associated with a telecommunications facility must be removed at the cost of the owner of the facility when the telecommunications facility is no longer in use by any telecommunications carrier.
(4) 
Standards and requirements applicable to special exceptions for new or major modifications to telecommunications facilities.
(a) 
New or major modifications to a telecommunications facility are only permitted in the following districts by special exception: C-1, C-2, ID-1, and ID-2.
(b) 
An application for a special exception for a new or major modification to a telecommunications facility may be approved by the Board of Appeals if the Board considers the standards contained in § 245-135B and if the Board finds that:
[1] 
The Board is able to make the following affirmative findings:
[a] 
The proposed structure will not endanger the health and safety of residents, employees or travelers, including, but not limited to, the likelihood of the failure of such structures;
[b] 
The proposed structure will not substantially impair the use of, or prove detrimental to, neighboring properties, considering, among other relevant factors, the following:
[i] 
The topography and elevation of the property on which such structure is proposed to be located and the appearance and visibility of such structure from neighboring and surrounding properties and from public rights-of-way;
[ii] 
The location of surrounding residences, buildings, structures and public rights-of-way and their use;
[iii] 
The character of the surrounding neighborhood and the master plan recommendations for the ultimate use of surrounding properties;
[iv] 
The likelihood or interference with existing radio, television, telephone, wireless or microwave reception or service.
[c] 
The proposed structure will cause no objectionable noise, fumes, odors, glare, physical activity or effect that would impair the peaceful enjoyment of neighboring properties;
[d] 
The proposed buildings, structures and use will be in harmony with the general character of the neighborhood;
[e] 
The proposed structure will be served by adequate public services and facilities, including police and fire protection, water and sanitary sewer, storm drainage, public roads and other public improvements.
[2] 
The location selected is necessary for the public convenience and service.
[3] 
The location selected is not in an area in which there is an over concentration of freestanding monopoles, towers or seminal structures.
[4] 
The location selected for a monopole is more than 300 feet from either the nearest boundary of an historic structure or more than 300 feet from the nearest boundary if the environmental setting of an historic structure.
[5] 
The location selected for a monopole is suitable for the co-location of at least three telecommunications antennas and related unmanned cabinets or equipment buildings and the facility is designed to accommodate at least three antennas. The holder of a special exception may not refuse to permit the co-location of two additional antennas and related equipment buildings or cabinets unless co-location is technically impractical because of engineering and because it will interfere with existing service. The refusal to allow such co-location without just cause may result in revocation of the special exception.
[6] 
In the event a telecommunications facility is proposed to be located on a rooftop or other support structure, the Board of Appeals must find that the building is at least 30 feet in height in any multifamily residential zone or nonresidential zone; and 50 feet in height in any one-family residential zone. Rooftop telecommunications facilities may not be located on a one-family residence.
[7] 
In the event a telecommunications antenna is proposed to be located on the facade of a building, the Board of Appeals must find that it is to be located at a height at least 30 feet on a building located in a multifamily residential zone or nonresidential zone and at a height greater than 50 feet in any one-family residential zone. A telecommunications antenna must not be mounted on the facade of a one-family residence.
[8] 
In any commercial zone the Board of Appeals must find that the equipment building or cabinet does not exceed 560 square feet and 12 feet in height, and is faced with brick or other suitable material on all sides and that the facades are compatible with the other building or buildings located on the lot or parcel. Equipment buildings and cabinets must be landscaped to provide a screen of at least three feet. The Board may require that monopoles:
[a] 
Be camouflaged;
[b] 
Be placed within a part of an existing structure; or
[c] 
Be constructed in such a way that the monopole appears to be part of an existing structure.
[9] 
The Board must further find that any equipment building or cabinet is located in conformity to the applicable setback standards of the zone.
[10] 
The Board must find that the addition of an equipment building or cabinet proposed to be located on the roof of a building, in combination with all other roof structures, does not create the appearance of an additional story and does not increase the roof coverage by more than an additional 10%. The Board must also find that the structure is not visually intrusive.
[11] 
The Board must also find that a freestanding monopole or other support structure is proposed to hold no less than three telecommunications carriers. The Board may approve a monopole or other support structure with fewer than three telecommunications carriers if the applicant establishes that:
[a] 
Existing telecommunications facilities serving the same service area have no additional capacity to include the applicant's antenna; or
[b] 
The applicant establishes that co-location on an existing monopole is technically impractical and that engineering criteria establish the need for the requested facility; and that the approval of the application will not result in an over concentration of similar facilities in the surrounding area.
(c) 
Area requirements.
[1] 
The minimum parcel or lot area sufficient to accommodate the location requirements for the monopole or other support structure as hereinafter set forth in Subsection B(4)(d).
[2] 
In no event may the minimum parcel or lot area be less than the lot area required for the zone in which the monopole or support structure is located.
[3] 
For the purpose of this section, the location requirement is measured from the base of the monopole or other support structure to the perimeter property line.
[4] 
The Board of Appeals may, upon request of the applicant, reduce the location requirement to not less than the building setback for the applicable zone, provided the Board makes the additional finding that the reduced location requirement results in a less visually obtrusive location for the monopole or other support structure. In making that additional finding, the Board shall consider the height of the structure, topography, existing vegetation, planned landscaping, the impact on adjoining and nearby residential properties, if any, and the visibility of the monopole or other support structure from adjacent streets.
(d) 
Location requirements for structures. A monopole or other support structure must be located as follows:
[1] 
In residential zones, a distance of one foot from the property line for every foot of height of the monopole or other support structure or 300 feet from an existing dwelling, whichever provides the greater setback.
[2] 
In nonresidential zones, monopoles and other support structures must be located at a distance of 1/2 foot from the property line of adjacent nonresidentially zoned property for every foot of height of the monopole or other support structure. Such structures must be located a distance of one foot from the property line of adjacent residentially zoned property for every foot of height of such structure.
(e) 
Signage. No signs are permitted in connection with the establishment of a telecommunications facility.
(f) 
Lights. No lights or other illumination devices are permitted on a monopole or other support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the Town.
(g) 
Removal of telecommunications facilities. Every freestanding monopole or support structure and any unmanned equipment building or cabinet associated with a telecommunications facility must be removed at the cost of the owner of the facility when the telecommunications facility is no longer in use by any telecommunications carrier.
(5) 
The following standards apply in those zones in which minor modifications of existing telecommunications facilities are allowed as a permitted use:
(a) 
Minor modifications of existing telecommunications facilities are allowed as a permitted use in the following districts: C-1, C-2, ID-1, and ID-2.
(b) 
Minor modifications of existing telecommunications facilities in any zone shall require approval of a building permit and payment of the required fee.
(c) 
Prior to approval of the building permit for telecommunications facilities, the applicant shall specify whether the application is subject to any Federal Communications Commission application requirements and, if so, identify whether it must be reviewed under regulations implementing § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, § 332(c)(7) of the Telecommunications Act of 1996, or other applicable federal laws or regulations.
(d) 
Prior to approval of the building permit for telecommunications facilities, the applicant must also:
[1] 
Demonstrate required zoning approval;
[2] 
Provide a safety report demonstrating that the structure can safely accept installation of the additional telecommunications facilities;
[3] 
Provide proof that it is a licensed provider and will comply with all federal, state, and Town laws and regulations, including those relative to wireless services;
[4] 
Provide any other relevant information required by the Town; and
[5] 
If the installation is within or crosses a right-of-way, demonstrate compliance with all applicable right-of-way permit requirements, including any prior right-of-way agreements.
(e) 
The size, location and appearance of the minor modification will be subject to Planning Commission review and approval. Where the Planning Commission concludes a proposed installation does not constitute a minor modification or does not meet other applicable requirements, the Planning Commission may deny the permit or refer it to the Board of Appeals for further review and a final decision.
(f) 
If the permit is denied because it does not meet the definition of a minor modification, the application shall be subject to the applicable zoning and permit requirements of this chapter unless the applicant withdraws the permit.
(g) 
An applicant may appeal denial of a permit to the Board of Appeals if filed with the Town Manager, in writing, within 30 days after denial of the decision is mailed, under the processes for appeals under § 245-135.
(6) 
The following standards apply in those zones in which minor modifications of existing telecommunications facilities are permitted by special exception:
(a) 
An applicant requiring a minor modification of an existing telecommunications facility must do so by special exception in all residential districts.
(b) 
An application for a special exception for a new or major modification to a telecommunications facility may be approved by the Board of Appeals if the Board considers the standards contained in § 245-135B and if the Board finds that the structure complies with standards contained in Subsection B(4)(b) through (d) and B(5) of this section.
(c) 
In residential zones, monopoles and other support structures must be designed as a stealth telecommunications facility.
C. 
Small cell telecommunications facilities. The following standards apply in those zones where small cell telecommunications facilities are allowed as a permitted use.
(1) 
An antenna may be installed on streetlight or mast arms mounted on preexisting poles, including utility and streetlight poles or other preexisting exterior support structures, but the installation of taller poles or new overhead wiring to accommodate the antennas will not be permitted without a special exception approved by the Board of Appeals. Overall, an antenna may be installed at least 20 feet from the ground in a residential zone or on an existing residential support structure or support structure on privately owned land, or 15 feet from the ground in a commercial zone or on an existing commercial structure or support structure on privately owned land. An antenna may be mounted on the wall of a building facing the rear lot line at a height of at least 20 feet in a residential zone or when mounted on a residential building, or 15 feet in a commercial zone or when mounted on a commercial building.
(2) 
An antenna must not be installed on or within 60 feet of a single-family or two-family dwelling unit and must not be installed on the facade of any residence.
(3) 
Cable connecting the antennas to the equipment box shall be contained inside the pole or support structure or shall be flush mounted and covered with a metal, plastic or similar material cap matching the color of the pole or structure on which it is installed, properly secured and maintained by the applicant.
(4) 
Related unstaffed equipment cabinets may be located within a building, an equipment cabinet outside a building, an equipment cabinet on a rooftop, or an equipment room within a building.
(a) 
Such related equipment shall have a maximum square footage of 10 square feet with a maximum height of two feet, and must be so located and installed in accordance with the applicable setback and other requirements of the zone in which the property is classified.
(b) 
A related unstaffed equipment cabinet may be installed on a rooftop of a building on privately owned land which is at least 15 feet in height, provided it and all other roof structures do not occupy more than 25% of the roof area.
(5) 
The applicant shall provide proof that it is a licensed provider and will comply with all applicable federal, state and Town laws and regulations, including those regarding wireless communications services.
(6) 
An antenna and equipment box must be installed as a stealth telecommunications facility on a property that has been designated by the Town as an historic structure.
(7) 
Public property.
(a) 
A private small cell telecommunications antenna may be located on the exterior public property or attached to an existing support structure owned or operated by the Town of Federalsburg and shall be a permitted use in all zones. The use of any property owned or operated by the Town shall be at the discretion of the Mayor and Council and shall not be subject to the same conditions and requirements as are applicable to such facilities on privately owned property. The Mayor and Council may but are not required to hold a public hearing prior to its decision to allow the use of property owned or under the control of the Town.
(b) 
A private small cell telecommunications antenna may be located on the exterior of public property of or attached to an existing support structure owned or operated by a county, state, federal or other non-Town governmental agency or on the property of an independent fire department or rescue squad subject to the same conditions and requirements as are applicable to such facilities on privately owned property.
(8) 
All such small cell telecommunications antennas shall be located and designed so as to minimize visual impact on surrounding properties and from public streets.
(9) 
No signs are permitted in connection with any small cell telecommunications antenna.
(10) 
No lights are permitted on any monopole or antenna unless required by the Federal Communications Commission, the Federal Aviation Administration, or the Town.
(11) 
No more than one building, pole or other support structure containing a small cell telecommunications facility or co-located facility is permitted on a lot or parcel of land, or for parcels larger than 1/2 acre, per 1/2 acre of land. A special exception to permit the location of more than one building, pole or other structure containing small cell telecommunications facilities on a lot or parcel of 1/2 acre may only be approved by the Board of Appeals if the applicant establishes that existing small cell telecommunications facilities serving the same service area have no additional capacity to include the applicant's facility. Any such application must comply with all of the other standards and requirements for small cell telecommunications facilities.
(12) 
Every small cell telecommunications facility must be removed at the cost of the owner when it is no longer in use or when it has not been operated for a continuous period of six months. Such facility must be removed within 90 days after receiving a removal notice from the Town.