[HISTORY: Adopted by the Town of Camden 11-6-2001 STM; amended 11-8-2005 STM. Subsequent amendments noted where applicable.]
This chapter is adopted pursuant to the enabling provisions
of Article VIII, Part 2, Section 1, of the Maine Constitution; the
provisions of Title 30-A M.R.S.A. § 3001 (Home Rule), and
the provisions of the Planning and Land Use Regulation Act, Title
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
and to establish clear guidelines, standards and time frames for the
exercise of municipal authority to regulate wireless telecommunications
facilities. Additional objectives of this chapter are as follows:
A.
Allow competition in telecommunications service;
B.
Permit and manage reasonable access to the public rights-of-way of
the Town of Camden for telecommunications purposes on a competitively
neutral basis;
C.
Ensure that all telecommunications carriers providing facilities
or services within the Town of Camden comply with the ordinances of
the Town of Camden;
D.
Ensure that the Town of Camden can continue to fairly and responsibly
protect the public health, safety and welfare;
E.
Encourage the co-location of wireless telecommunications facilities,
thus helping to minimize adverse visual impacts on the community;
F.
Further the goals and policies of the Comprehensive Plan, while promoting
orderly development of the Town with minimal impacts on existing uses;
G.
Protect the scenic and visual character of the community.
This section applies to all construction, expansion and co-location of wireless telecommunications facilities, except as provided in § 282-3A.
A.
Exemption. The following activities and structures are exempt from
the provisions of this chapter:
(1)
Wireless telecommunication facilities for communication by public
officials, including specifically emergency communications.
(2)
Amateur (ham) radio stations licensed by the Federal Communications
Commission (FCC).
(3)
Parabolic antennas less than seven feet in diameter.
(4)
Maintenance or repair 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)
An antenna that is an accessory use to a residential dwelling unit.
(6)
Temporary wireless telecommunications facility, in operation for
a maximum period of 180 consecutive days in any twelve-month period.
(7)
Short-term facilities for media or events for a maximum period of
14 consecutive days.
(8)
Wireless internet access equipment, provided the equipment is no
larger than five feet in length, width and height.
No person shall construct or expand a wireless telecommunications
facility without approval of the Planning Board or the Code Enforcement
Officer (CEO), as set forth below.
A.
Expansion of an existing facility and co-location. Approval by the
CEO is required for any expansion of a previously approved wireless
telecommunications facility that increases the height of a building
or structure for the facility by no more than 20 feet; accessory use
for a previously approved wireless telecommunications facility; or
co-location of a previously approved wireless telecommunications facility.
B.
Location of antennas in existing buildings. Approval of the Planning
Board is required for location of an antenna in an existing building.
C.
New facilities. Approval of the Planning Board is required for construction
of a new wireless telecommunications facility and any expansion of
a previously approved wireless telecommunications facility that increases
the height of the facility by more than 20 feet.
D.
Written findings. The Planning Board shall review applications for
wireless telecommunications facilities, as set forth above, and make
written findings in connection with the issuance or denial of permits
for such facilities. Those written findings shall state whether the
proposed facility complies with this chapter.
A.
Application. Applicants shall meet with the CEO no less than 30 days prior to filing an application to the Planning Board. The purpose of this meeting shall be for the CEO to explain the chapter requirements as well as application forms and required submissions. The application procedure shall be in accordance with Article XII, Site Plan Review, § 290-12.2, Procedures, of Chapter 290, Zoning, of the Code of the Town of Camden. No tower owner or manager shall be permitted to submit an application if the tower owner does not have a signed agreement committing a commercial service provider to occupy space on the tower.
B.
Submission requirements for CEO approval. Applications for permit
approval by the CEO must include the following materials and information:
(1)
Documentation of the applicant's right, title, and interest in the
lot where the facility will be sited, including the name and address
of the landowner and the applicant.
(2)
A copy of the FCC license for the facility.
(3)
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 16 U.S.C. § 470w(5);[1] 36 CFR Parts 60 and 800).
[1]
Editor's Note: 16 U.S.C. § 470-w-5 was repealed
12-19-2014 by P.L. 113-287. See now 54 U.S.C. § 100101 et
seq.
(4)
Location map and elevation drawings of the proposed facility, including
any proposed structures, showing color, and identifying structural
materials.
(5)
For proposed expansion of a facility, a signed statement that commits
the owner of the facility, and successors in interest 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 by third parties;
(c)
Allow shared use if a party proposing co-location agrees, in
writing, to pay reasonable charges for co-location, and such co-location
will not jeopardize the existing facility;
(d)
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 adopting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(6)
A form of surety or other performance guaranty in an amount to pay
for the costs of removing the facility if it is abandoned, which may
include the following performance guaranties:
(a)
A certified check payable to the Town of Camden;
(b)
A savings account passbook issued in the name of the Town of
Camden;
(c)
An irrevocable letter of credit from a financial institution;
or
(d)
A performance bond running to the Town of Camden and issued
by a surety company or insurance company licensed to do business in
the State of Maine.
C.
Submission requirements for locating antennas in existing buildings:
(1)
Documentation of the applicant's right, title, and interest in the
lot where the facility will be sited, including the name and address
of the landowner and the applicant.
(2)
A copy of the FCC license for the facility, or a signed affidavit
from the owner or operator of the facility attesting that the facility
will comply with FCC regulations.
(3)
A USGS 7.5-minute topographic map showing the current location of
all structures and wireless telecommunications facilities above 150
feet in height from ground level, except antennas located on roof
tops, within a five-mile radius of the proposed facility. This requirement
shall be deemed to have been met if the applicant submits current
information (i.e., within 30 days of the date the application is filed)
from the FCC Tower Registration Database. Include documentation of
longitude and latitude.
(4)
A site plan:
(a)
Prepared and certified by a professional engineer registered
in Maine, indicating the location, type and height of the proposed
facility, antenna capacity, on-site and abutting off-site land uses,
means of access, and setbacks from property lines. The site plan must
include certification by a professional engineer registered in Maine
that the proposed facility complies with all American National Standards
Institute (ANSI) codes;
(b)
Certification by the applicant that the proposed facility complies
with all FCC standards for radio emissions; and
(c)
A boundary survey for the project performed by a land surveyor
licensed by the State of Maine.
(5)
Elevation drawings of the proposed facility, and any other proposed
structures, showing height above ground level.
(6)
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.
(7)
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.
D.
New facilities.
(1)
Documentation of the applicant's right, title, and interest in the
lot where the facility will be sited, including the name and address
of the landowner and the applicant.
(2)
A copy of the FCC license for the facility, or a signed affidavit
from the owner or operator of the facility attesting that the facility
will comply with FCC regulations.
(3)
A USGS 7.5-minute topographic map showing the current location of
all structures and wireless telecommunications facilities above 150
feet in height from ground level, except antennas located on roof
tops, within a five-mile radius of the proposed facility. This requirement
shall be deemed to have been met if the applicant submits current
information (i.e., within 30 days of the date the application is filed)
from the FCC Tower Registration Database. Include documentation of
longitude and latitude.
(4)
A site plan:
(a)
Prepared and certified by a professional engineer registered
in Maine, indicating the location, type and height of the proposed
facility, antenna capacity, on-site and abutting off-site land uses,
means of access, and setbacks from property lines. The site plan must
include certification by a professional engineer registered in Maine
that the proposed facility complies with all American National Standards
Institute (ANSI) codes;
(b)
Certification by the applicant that the proposed facility complies
with all FCC standards for radio emissions; and
(c)
A boundary survey for the project performed by a land surveyor
licensed by the State of Maine.
(5)
Elevation drawings of the proposed facility, and any other proposed
structures, showing height above ground level.
(6)
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.
(7)
A visual impact assessment by a qualified professional which shall include photo simulations of the proposed facility taken from perspectives determined by the Planning Board during the site plan review preapplication meeting pursuant to Article XII, § 290-12.2 of Chapter 290, Zoning. Each photo must be labeled with the line of sight, elevation, and with the date taken imprinted on the photograph. The photo must show the color of the facility and method of screening.
(8)
A narrative discussing:
(9)
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.
(10)
Evidence demonstrating that no existing building, site, or structure
can accommodate the applicant's proposed facility for any of the following
reasons:
(a)
No existing facilities are located within the targeted market
coverage area as required to meet applicant's engineering requirements.
(b)
Existing facilities do not have sufficient height or cannot
be increased in height at a reasonable cost to meet the applicant's
engineering requirements.
(c)
Existing facilities do not have sufficient structural strength
to support applicant's proposed antenna and related equipment. Specifically:
[1]
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.
[2]
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.
[3]
Existing or approved facilities do not have space on which planned
equipment can be placed so it can function effectively.
(d)
For facilities existing prior to the effective date of this
chapter, evidence that 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
or amendment thereto.
(11)
A signed statement stating that the owner of the wireless telecommunications
facility and 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, and such co-location will not jeopardize the existing
facility;
(d)
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.
(12)
A form of surety or other performance guaranty approved by the
Planning Board in an amount to pay for the costs of removing the facility
if it is abandoned, which may include the following performance guaranties:
(a)
A certified check payable to the Town of Camden;
(b)
A savings account passbook issued in the name of the Town of
Camden;
(c)
An irrevocable letter of credit from a financial institution
acceptable to the Planning Board; or
(d)
A performance bond running to the Town of Camden and issued
by a surety company or insurance company licensed to do business in
the State of Maine.
E.
Submission waiver. 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 chapter.
F.
Fees.
(1)
Code Enforcement Officer application fee. An application for CEO
approval shall include payment of an application fee as set annually
by the Select Board. The fee is intended to cover the cost of the
municipality's administrative processing of the application and similar
costs. The application shall not be considered complete until this
fee is paid. The applicant is entitled to a refund of the application
fee if the application is withdrawn, less all expenses incurred by
the Town of Camden to review the application.
(2)
Planning Board application fee. An application for Planning Board
approval, as required by this chapter, shall include payment of an
application fee as set annually by the Select Board. The application
shall not be considered complete until the fee is paid. The fee is
intended to cover the cost of the municipality's administrative processing
of the application, including notification, and similar costs. This
fee shall not be refundable.
(3)
Planning Board review fee.
(a)
The Planning Board may hire any consultant and/or expert necessary
to assist the Town in reviewing, analyzing and evaluating the application,
including the construction and modification of the site, once permitted,
and any requests for recertification.
(b)
An applicant shall deposit with the Town funds sufficient to
reimburse the Town for all reasonable costs of a consultant and any
expert evaluation and consultation to the Planning Board in connection
with the review of any application, including the construction and
modification of the site, once permitted. The initial deposit shall
be $8,500, which deposit is not a fee. The placement of the $8,500
with the Town shall precede the preapplication meeting. The Town will
maintain a separate escrow account for all such funds. Consultants
shall invoice the Town for services in reviewing the application,
including the construction and modification of the site, once permitted,
and the Town shall use this escrow to pay the consultant.
(c)
If at any time during the process the escrow account has a balance
less than $2,500, the applicant shall immediately, upon notification
by the Town, replenish said escrow account so that it has a balance
of at least $5,000. Such additional escrow funds shall be deposited
with the Town before any further action or consideration is taken
on the application. In the event that the amount held in escrow by
the Town is more than the amount of the actual invoicing at the conclusion
of the project, the remaining balance shall be promptly refunded to
the applicant.
(d)
The total amount of the funds needed as set forth in Subsection F(3)(b) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
G.
Public hearing. For applications requiring Planning Board approval under § 282-4B, a public hearing shall be held within 45 days of the notice of a complete application.
H.
Approval.
(1)
Code Enforcement Officer approval. Within 30 days of receiving a complete application for approval under § 282-4A, the CEO shall approve, approve with conditions or deny the application, in writing, together with the findings on which the denial is based. The CEO shall approve the application if it complies with the provisions of § 282-7A. The time period may be extended upon agreement between the applicant and the CEO.
(2)
Planning Board approval. Within 90 days of receiving a complete application for approval under § 282-4B, the Planning Board shall approve, approve with conditions, or deny the application, in writing, together with the findings on which that decision is based. The CEO shall then issue a building permit, provided the application complies with all provisions of Chapter 290, Zoning.
A.
New wireless telecommunications facilities shall be permitted only in the following districts set forth in Chapter 290, Zoning, of the Code of the Town of Camden; provided, however, that such facility shall also be permitted as set forth in § 282-6B below: A new facility on public or private property in the following zoning districts:
B.
In addition to wireless telecommunications facilities in the zoning
districts set forth above, a new wireless telecommunications facility
shall also be permitted in all other zoning districts for the Town
of Camden in the following circumstances:
(1)
Co-location as part of a previously approved wireless telecommunications facility subject to issuance of a permit by the CEO as set forth in § 282-4A above; or
(2)
Location of an antenna in an existing structure, such as (for purposes
of illustration) a church steeple, silo, or multistory building, with
no indication or display of equipment outside that existing structure.
To obtain approval from the CEO or the Planning Board, an application
must comply with the standards in this section.
A.
Code Enforcement Officer approval standards. An application for approval by the CEO under § 282-4A must meet the following standards:
(1)
The proposed facility is an expansion that increases the height of
the previously approved structure by no more than 20 feet.
(2)
The applicant has sufficient right, title, or interest in the previously
approved structure or the existing structure to make the application
for approval from the CEO.
(3)
The proposed structure for the addition to the previously approved
facility or structure shall be constructed of materials and colors
that match or blend with the existing or previously approved structure.
B.
Planning Board approval standards. An application for approval by the Planning Board under § 282-4C, New facilities, shall meet the following standards. An application under § 282-4B, Location of antennas in existing buildings, shall meet standards in Subsection B(6), (7), (8), (9) and (13) only.
(1)
Preference for co-location and location of an antenna in an existing
structure. To the extent practical, as determined by the Planning
Board, new wireless telecommunication facilities shall be located
or configured in the following manner in each zoning district of the
Town of Camden where such use is allowed. The applicant shall demonstrate
that the preferences below cannot reasonably accommodate the applicant's
proposed facility.
(a)
Co-location of such a facility in connection with or as part
of an existing wireless telecommunications facility; and
(b)
An antenna located in an existing structure such as (for purposes
of illustration) a church steeple, silo or multistory building, with
no indication or display of equipment outside that existing structure.
(2)
Siting on municipal property. If an applicant proposes to locate
a new wireless telecommunications facility, or expand (if such an
expansion exceeds the expansion permitted with CEO approval) an existing
facility on municipal property, the applicant shall 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 municipality 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 designed 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 height limit effectively
prevents future co-location.
(4)
Height. The maximum height of a structure for a wireless telecommunications
facility shall be no more than 190 feet, including the height of the
antenna (see definition of "height" in this chapter).
(5)
Setbacks. Unless waived or relaxed by the Planning Board, a structure
or building for a new or expanded wireless telecommunications facility
shall 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 acceptable to the Planning Board. A waiver or relaxation
of a setback requirement may be granted 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 outside the boundaries
of the parcel of land on which the wireless telecommunications facility
is located. 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.
(6)
Landscaping. A new wireless telecommunications facility and related
equipment shall 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 shall be fenced
to discourage trespass on the facility and to discourage climbing
on any structure by trespassers. Such fencing shall include a gate
on the access road when deemed appropriate by the Planning Board.
(8)
Lighting. A new wireless telecommunications facility shall 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 shall
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 by the Planning Board, 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 and 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, as that Comprehensive Plan may be amended from time to time,
or identified as a designated scenic resource in Exhibit A attached
to this chapter and incorporated by reference herein.[1] In determining the potential unreasonable adverse impact
of the proposed facility upon the designated scenic resources, or
resource, the Planning Board shall consider the following factors:
(a)
The extent to which the proposed wireless telecommunications
facility is visible above the tree line, from the viewpoint(s) of
the impacted designated scenic resource as viewed from the public
road, public land or public waterway;
(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) set forth in Subsection B(11)(a) above;
(d)
The amount of vegetative screening;
(e)
The distance of the proposed facility from the viewpoint of
the designated scenic resource and the facility's location within
the designated scenic resource;
(f)
The evidence set forth in the visual impact assessment submitted with the application pursuant to § 282-5C(7) above and any conclusions based upon that visual impact assessment;
(g)
The presence of reasonable alternatives that allow the facility
to function consistently with its purpose.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
(12)
Access roadways. All access roadways shall be designed to harmonize
with the topographic and natural features of the site insofar as practical
by minimizing filling, grading, excavation, or other similar activities
which result in unstable soil conditions and soil erosion, by fitting
the development to the natural contour of the land and avoiding substantial
areas of excessive grade and tree removal, and by retaining existing
vegetation. The design shall take all practical steps possible to
prevent a visible scar up or across a ridgeline visible from public
streets, roads, or water bodies.
(13)
Historic and archaeological properties. 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 16 U.S.C. § 470w(5);[2] 36 CFR Parts 60
and 800).
[2]
Editor's Note: 16 U.S.C. § 470-w-5 was repealed
12-19-2014 by P.L. 113-287. See now 54 U.S.C. § 100101 et
seq.
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 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 by third parties;
(c)
Allow shared use if an applicant agrees, in writing, to pay
reasonable charges for co-location, and such co-location will not
jeopardize the existing facility;
(d)
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 adopting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(2)
Upon request by the Planning Board, the applicant shall certify compliance
with all applicable FCC radio frequency emissions regulations.
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, certified
mail return receipt requested, ordering the removal of the facility
within 90 days of receipt of a 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 has not been abandoned,
the owner shall have 60 days to remove the facility. If the facility
is not removed within this time period, the municipality shall 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 to ensure 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 and all costs have been
paid. Any balance of funds remaining after the land has been returned
to the preconstruction condition shall be returned to the owner by
the Planning Board.
D.
If a surety has been given to the Town and the costs of removal exceeds
the surety, the owner of the facility shall be responsible for payment
of the additional costs to the Town, such payment to be made within
14 days of the request by the Town for payment.
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 290, Zoning. Written notice of the appeal shall be filed within 45 days of the date of a written decision by the Planning Board and within 45 days of the date of a written decision by the CEO. The notice of appeal shall clearly state the reasons for the appeal. The review of the Zoning Board of Appeals shall be based exclusively on the record of the Planning Board. An appeal of a decision of the CEO shall be de novo (requiring an evidentiary hearing).
This chapter shall be enforced pursuant to the provisions of Chapter 290, Zoning. Any person who owns or controls any building or property in violation of this chapter shall be subject to a penalty in accordance with Title 30-A M.R.S.A. § 4452. Each day such a violation continues after written notification by the CEO shall constitute a separate offense.
A.
Whenever a provision in the ordinance 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.
The invalidity of any part of this chapter shall not invalidate any
other part of this chapter.
All words not defined herein or in Chapter 290, Zoning, shall carry their customary and usual meanings. Words used in the present tense shall include the future. Words used in the singular shall include the plural and vice versa. The word "shall" is used to indicate the mandatory, and the word "may" is used to indicate the permissive.
Any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio or electromagnetic
frequency signals.
The vertical distance measured from the average original
grade of the ground adjoining the foundation or base of the structure
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 average
original grade of the facility site.
The use of a wireless telecommunications facility by more
than one wireless telecommunications provider.
That specific location, view or corridor which is identified
as a scenic resource in the Town's Comprehensive Plan, as that Comprehensive
Plan may be amended from time to time, or a scenic resource set forth
in Exhibit A attached to this chapter and incorporated by reference
herein;[1] such scenic resource shall consist 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, a lake, or a bay; or a group
of objects, such as a downtown skyline or mountain range; or island,
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 towers, increased height and/or increased
footprints of any buildings or structures of the existing facility.
Federal Aviation Administration or its lawful successor.
Federal Communications Commission or its lawful successor.
The vertical measurement from a point on the ground at the
average original grade adjoining the foundation.
Lots identified as historic and so identified on the Historic
Areas Overlay Map in the Code Enforcement office.
Any improvement, building or structure of particular historic
or architectural significance to the Town relating to its heritage,
cultural, socioeconomic or political history, or which exemplifies
historic personages or important events in local, state or national
history identified in the municipality's Comprehensive Plan, which
has been listed or is eligible to be listed on the National Register
of Historic Places.
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 the 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 archeological resource and any areas identified in the
municipality'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 area which is targeted to be served by a proposed telecommunications
facility.
That the proposed project would produce an end result which:
Is excessively out-of-character with the designated scenic resources
or historic or archeological resources or properties affected, including
existing buildings, structures, and features within the designated
scenic resource; and
Would significantly diminish the scenic value of the designated
scenic resource.
That location which is identified either in the municipally
adopted Comprehensive Plan, as that Comprehensive Plan may be amended
from time to time, or set forth in Exhibit A attached to this chapter
and incorporated by reference herein, and which serves as the basis
for the location and determination of a particular designated scenic
resource in the Town of Camden.
Any structure, antenna, tower, or other device which provides
radio/television transmission, commercial mobile wireless services,
unlicensed wireless services, cellular phone services, specialized
mobile radio communications (MR), common-carrier wireless exchange
phone services, and personal communications service (PAS) or pager
services.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
