The Town acknowledges the need, demand and national policy supporting
the availability of personal wireless service (PWS) to the public.
At the same time, the Town recognizes the valid concerns and interests
its residents and property owners have in the enjoyment of their homes
and properties. The purpose of these provisions relating to PWS as
defined below is to provide for the health, safety and welfare of
the property owners and residents of the Town; to encourage the location
of PWS towers, to the extent they are needed, in nonresidential areas
of the Town; to encourage the shared use of existing and new towers
and structures as a means of reducing the overall need for towers
in the Town; to minimize the adverse impacts of PWS service facilities
located in the Town; to balance the competing needs of such uses and
their neighbors while at the same time accommodating the public interest
in and demand for such services; to avoid potential damage to adjacent
properties from tower failure through structural standards and setback
requirements; and to further regulate the siting of any tower structure
in the Town, especially those exceeding 100 feet in height, whether
they are used for PWS, microwave relay or any other purpose.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURES
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support PWS. The
term "accessory structure" does not include offices, long-term storage
of vehicles or other equipment storage, or broadcast studios.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
panels and microwave dishes, and omnidirectional antennas, such as
whip antennas.
PERSONAL WIRELESS SERVICES (PWS)
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
TOWER
Any ground- or structure-mounted pole, spire or combination
thereof taller than 15 feet, including supporting lines, cables, wires,
braces and masts, built or used for the purpose of mounting an antenna
or similar apparatus above grade.
The following information shall be submitted in support of an application for a PWS facility. This information is required in addition to any other information or documents required under Chapter
192, Zoning, pertaining to site plan review, specific use permits or variances.
A. Full application on a form supplied by the Town and the truthfulness
attested to by a professional engineer:
(1) Environmental assessment form (EAF).
(2) The manufacturer's or applicant's engineer's design
drawings pertaining to installation.
(3) The applicant's maintenance and inspection schedule.
(4) Identification of the effects such facility will have on other communication
facilities in the vicinity.
(5) A safety analysis and certification by a licensed professional engineer
that the proposed facility will be in compliance with all applicable
FAA and FCC laws and regulations.
(6) Proof of the site owner's consent, if the applicant is not the
owner of the site on which the applicant seeks to locate a commercial
PWS facility.
(7) The name of the operator, owner, lessee(s) to the application
(8) Inventory of existing sites. Each applicant shall provide an inventory
of its existing tower and antenna sites within the Town and within
one mile of the border of the Town, including specific information
regarding the tower and/or antenna height and the location, street
address, tax parcel, latitude and longitude and mean sea level height
of the tower base.
(9) Names and addresses of adjacent property owners, as contained in
public records.
(10)
Details showing compliance with these regulations.
(11)
The location of the equipment of all three potential additional
users as provided for in this chapter.
(12)
Additional submission requirements for towers:
(a)
Identification and description of an anti-climbing device.
(b)
A report from a licensed professional engineer, which describes
the tower, including its height and design; demonstrates the tower's
compliance with applicable structural standards; and describes the
tower's capacity, including the number and types of antennas
it can accommodate.
(c)
The site plan shall show distances between the proposed tower
structure and structures on adjoining properties within 750 feet,
together with the names and addresses of all property owners within
750 feet of the boundary of the property on which the tower is proposed,
as contained in the public records.
(d)
A computer-imaged photograph of the tower, as it would appear
on the site, including any proposed attachments, from at least three
different angles selected by the Town.
(e)
Identification and location of any PWS antennas located within
one mile of the proposed tower, regardless of ownership.
(f)
As-built drawings, within 60 days after completion of the construction.
(g)
A demolition bond or other security acceptable to the Town for
the purpose of removing the tower if the owner fails to do so if the
tower has not been used for a period of six months, or has been ordered
removed by the Town, because its use is no longer necessary. Such
bond or security shall be automatically renewable on each anniversary
until advised by the Town of DeWitt in writing that it is no longer
needed.
B. Any application to the Planning Board shall include copies of the
full application, if one is required, to the Zoning Board of Appeals.
All PWS facilities must meet or exceed all applicable federal,
state and local laws, rules, standards or regulations of the FCC and
the FAA. If such standards, rules, laws or regulations are changed
or amended, at any time in the future, then the owners of such facilities
shall bring those facilities into compliance with such revised regulations
if such changes or amendments provide for existing towers and/or antennas
to be brought into compliance.
The operator of every PWS antenna shall submit to the Development
and Operations office copies of all licenses and permits required
by other agencies and governments with jurisdiction over the design,
construction, location and operation of such antenna and shall maintain
such licenses and permits and provide evidence of renewal or extension
thereof when granted.
Every permit granting approval of an antenna or tower shall
state that any assignment or transfer of the permit or any rights
thereunder may be made only with notice to the Town, within 60 days
after such transfer or assignment.
Abandoned or unused towers or portions of towers shall be removed
as follows:
A. The applicant at the site shall remove all abandoned or unused towers
and associated facilities within six months of the cessation of operations
unless the Zoning Board of Appeals approves a time extension. If the
applicant is not a landowner, a copy of the relevant portions of a
signed lease which requires the applicant to remove the tower and
associated facilities upon cessation of operations at the site shall
be submitted at the time of application. In the event that a tower
is not removed within six months of the cessation of operations at
a site, the Town may remove the tower and associated facilities and
the costs of removal shall be assessed against the property.
B. Unused portions of towers above a manufactured connection shall be
removed within six months of the time of antenna relocation. The replacement
of portions of a tower previously removed requires the issuance of
a new specific use permit.
Towers and antennas in existence prior to September 10, 2001,
which do not conform to this chapter, are subject to the following
provisions:
A. All existing operators of towers and/or antennas shall obtain licenses
for each tower or antennas on a tower or structure and comply with
the following:
(1) If no license has been obtained for a location, it shall be obtained
within 60 days of the enactment of this Code revision.
(2) Thereafter, a license shall be applied for during the month of December of every fifth year as provided for in §
172-9.
(3) The license shall be issued by the Department of Development and
Operations.
(4) All operators shall submit the following information:
(a)
The name of the legal entity which owns and/or operates the
tower and/or antennas.
(b)
The address, phone number and e-mail address of the contact
person for such entity.
(5) The operator of the tower shall additionally submit the following
information:
(a)
The name of the legal entity for each of the other operators
with antennas on the tower.
(b)
The address, phone number and e-mail address of the contact
person for all of such antenna operators.
B. All existing operators of towers and/or antennas shall obtain a one-time
permit for each tower or antennas on a tower or a structure.
(1) The permit shall be issued by the Department of Development and Operations.
(2) The following information shall be submitted with the application
for a permit:
(a)
Tower operator.
[1]
An as-built plan of the tower, including the manufacturer's
design data, including tower finish and anti-climbing device.
[2]
A report from a licensed professional engineer, which describes
the tower, including its height and design, demonstrates the tower's
compliance with applicable structural standards and describes the
tower's capacity, including the number and types of antennas
it can accommodate.
[3]
The applicant's maintenance and inspection schedule.
[4]
A safety analysis and certification by a licensed professional
engineer that the proposed facility will be in compliance with all
applicable FAA and FCC laws and regulations.
[5]
Proof of the site owner's consent, if the applicant is
not the owner of the lot upon which the tower is located.
[6]
A demolition bond or other security acceptable to the Town for
the purpose of removing the tower if the owner fails to do so in the
event that the tower has not been used for a period of six months,
or had been ordered removed by the Town, because its use is no longer
necessary. Such bond or security shall be automatically renewable
on each anniversary until advised by the Town of DeWitt that it is
no longer required.
(b)
Antenna operator. An as-built plan of the antennas, including:
[1]
The manufacturer's design data.
[2]
All accessory structures, equipment, antennas, cabling, storage
facilities, equipment shed, access roads, landscaping, fencing and
signing.
[3]
Site plan showing all improvements, lot lines and adjacent property
owners.
[4]
If mounted on a structure other than a tower, elevations of
each view where the antennas are located, method of attachment and
colors.
The Zoning Board of Appeals shall conduct a public hearing within
62 days from the day an application is received. The Board shall issue
a decision within 30 days after the hearing. Any denial for a permit
under this chapter shall be in writing and supported by substantial
evidence. Any failure by the applicant to provide the information
required in this chapter in a timely manner may:
A. Constitute grounds to deny the application; or
B. Extend the time period the Board has to hold its hearing; or
The Town of DeWitt shall be exempt from this chapter, as shall
any ambulance, emergency services, police or fire protection agencies.
Any violation of this chapter shall be punishable by a fine
of a minimum of $250 per day and a maximum of $1,000 per day, or 15
days in jail, or both.