[Added 12-19-2006 by L.L. No. 1-2006]
This article is enacted in order to establish
general guidelines for the siting of telecommunications towers and
antennas and to enhance and fulfill the following goals:
A.
Preserve the authority of the Village of Norwood to
regulate and to provide for reasonable opportunity for the siting
of telecommunications facilities, by enhancing the ability of providers
of telecommunications services to provide such services to the community
quickly, effectively and efficiently.
B.
Reduce adverse impacts such facilities may create,
including but not limited to impacts on aesthetics, environmentally
sensitive areas, historically significant locations, flight corridors,
health and safety by injurious accidents to person and property and
prosperity through protection of property values.
C.
Provide for collocation and minimal impact siting
options through an assessment of technology, current locational options,
future available locations, innovative siting techniques and siting
possibilities beyond the political jurisdiction of the Village.
D.
Permit the construction of new towers only where all
other reasonable opportunities have been exhausted and to encourage
the users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas.
E.
Require cooperation and collocation, to the highest
extent possible, between competitors in order to reduce cumulative
negative impacts upon the Village.
F.
Provide constant maintenance and safety inspections
for any and all facilities.
G.
Provide for the removal of abandoned facilities that
are no longer inspected for safety concerns and Code compliance and
provide a mechanism for the Village of Norwood to remove these abandoned
towers to protect the citizens from imminent harm and danger.
H.
Provide for the removal or upgrade of facilities that
are technologically outdated.
As used in this article, the following terms
shall have the meanings indicated:
Innovative siting techniques that shall mean man-made trees,
clock towers, bell steeples, light poles and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers.
Any exterior apparatus designed for telephonic, radio, television,
personal communications service (PCS), pager network or any other
communications through the sending and/or receiving of electromagnetic
waves of any bandwidth.
An acronym that shall mean the Federal Aviation Administration.
An acronym that shall mean the Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
Any tower or antenna lawfully constructed or permitted prior
to the adoption of this article and any tower or antenna lawfully
constructed in accordance with this article.
Any structure, antenna, tower or other device which provides
commercial mobile wireless services, unlicensed wireless services,
cellular phone services, specialized mobile radio communications (SMR)
and personal communications service (PCS) and common carrier wireless
exchange access services.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers or monopole towers. The term includes radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like.
A.
General. The principal and secondary uses listed in this section are deemed to be uses permitted by special exception, subject to Article IV, Permitted Special Uses, of this chapter. In addition, all such uses must comply with other applicable laws and regulations of the Village of Norwood (including site plan review). Subject to this article, an applicant who successfully obtains permission to site under this article as a second and permitted use may construct telecommunications facilities in addition to the existing permitted use. Antennas and towers may be considered either principal or secondary uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure, nor shall such facilities be deemed to be an accessory use.
B.
Height requirements. These requirements and limitations
shall preempt all other height limitations as required by this Zoning
Chapter and shall apply only to telecommunications facilities. These
height requirements may be waived through the conditional use permit
process only if the intent of this article is preserved (e.g., where
a two-hundred-foot tower would not increase adverse impacts but provide
a greater opportunity for collocation).
A.
Public property. Antennas or towers located on property
owned, leased, or otherwise controlled by the Village may be exempt
from the requirements of this article.
B.
Amateur radios; receive-only antennas. This article
shall not govern any tower or the installation of any antenna that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
C.
Essential services and public utilities. Telecommunications
facilities shall not be considered infrastructure, essential services
or public utilities, as defined or used elsewhere in the Village's
laws and regulations. Siting for telecommunications facilities is
a use of land and is addressed by this article.
A.
Aesthetics and lighting. The guidelines in this Subsection A shall govern the location of all towers and the installation of all antennas.
(1)
Towers shall either maintain a galvanized steel finish,
subject to any applicable standards of the FAA, or be painted a neutral
color, so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related
structures shall, to the maximum extent possible, use materials, colors,
textures, screening and landscaping that will blend the tower facilities
with the natural setting and built environment. These buildings and
facilities shall also be subject to all other site plan review regulation
requirements.
(3)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(4)
Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the governing authority may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views.
(5)
Towers shall not contain any permanent or temporary
signs, writing, symbols or any graphic representation of any kind.
B.
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal, in accordance with § 200-88, of the tower or antenna, as abandoned, at the owner's expense through the execution of the posted security.
C.
Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, such action shall constitute an abandonment and grounds for the removal, in accordance with § 200-88, of the tower or antenna, as abandoned, at the owner's expense through execution of the posted security.
D.
Additional requirements for telecommunications facilities.
These requirements shall supersede any and all other applicable standards
found elsewhere in Village laws or regulations that are less strict.
(1)
Setbacks and separation.
(a)
Towers must be set back a distance equal to
125% of the height of the tower from any off-site structure.
(b)
Towers, guys and accessory facilities must satisfy
the minimum zoning district setback requirements.
(c)
Towers over 90 feet in height shall not be located
within 1/4 mile of any existing tower that is over 90 feet in height.
(2)
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device.
(3)
Landscaping.
(a)
Towers shall be landscaped with a buffer of
plant materials that effectively screens the view of the tower compound
from adjacent residential property. The standard buffer shall consist
of a landscaped strip at least 10 feet wide outside the perimeter
of the compound. Natural vegetation is preferred.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived entirely.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large wooded lots, natural
growth around the property may be deemed a sufficient buffer.
A.
General. All applications under this article shall apply to the Planning Board as a use permitted by special exception, in accordance with Article IV, Permitted Special Uses, of this chapter. In addition, applications under this article shall also be required to submit the information provided for in this section.
B.
Issuance of permits.
(1)
In approving the special use permit, the Planning
Board may impose conditions to the extent the Board concludes such
conditions are necessary to minimize any adverse effect of the proposed
tower on adjoining properties and preserve the intent of this article.
(2)
Decisions. Possible decisions rendered by the Planning
Board include approval, approval with conditions or denial. All decisions
shall be rendered in writing, and a denial shall be in writing and
based upon substantial evidence contained in the written record.
(3)
Factors considered in granting decisions:
(a)
Height of proposed tower or other structure.
(b)
Proximity of tower telecommunications facility
to residential development or zones.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(g)
Proposed ingress and egress to the site.
(i)
Visual impacts on viewsheds, ridgelines and
other impacts by means of tower location, tree and foliage clearing
and placement of incidental structures.
(j)
Availability of alternative tower structures
and alternative siting locations.
C.
Information required. Each applicant requesting a
conditional use permit under this article shall submit a scaled plan
in accordance with the site plan review regulations and further information
including: a scaled elevation view, topography, radio frequency coverage,
tower height requirements, setbacks, drives, parking, fencing, landscaping,
adjacent uses (up to 220 feet away) and any other information deemed
necessary by the Planning Board to assess compliance with this article.
Furthermore, the applicant shall submit the following prior to any
approval by the Board:
(1)
The applicant shall submit written proof that the
proposed use/facility complies with the FCC regulations on radio frequency
(RF) exposure guidelines.
(2)
The applicant shall submit written proof that an evaluation
has taken place, as well as the results of such evaluation, satisfying
the requirements of the National Environmental Policy Act (NEPA) further
referenced in applicable FCC rules. If an Environmental Assessment
(EA) or an Environmental Impact Statement (EIS) is required under
the FCC rules and NEPA, submission of the EA or EIS to the Board prior
to the beginning of the federal thirty-day comment period, and the
Village process, shall become part of the application requirements.
(3)
Each applicant for an antenna and/or tower shall provide
to the Planning Board an inventory of its existing towers that are
within the jurisdiction of the Village and those within two miles
of the border thereof, including specific information about the location,
height and design of each tower, as well as economic and technological
feasibility for collocation on the inventoried towers. The Planning
Board may share such information with other applicants applying for
approvals or conditional use permits under this article or other organizations
seeking to locate antennas within the jurisdiction of the governing
authority; provided, however, that the Planning Board is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable. If the applicant is proposing to
build a new tower, the applicant shall submit written evidence demonstrating
that no existing structure can accommodate the applicant's proposed
antenna. This evidence can consist of:
(a)
Substantial evidence that no existing towers
or structures are located within the geographic area required to meet
the applicant's engineering requirements, provided that a description
of the geographic area required is also submitted.
(b)
Substantial evidence that existing towers are
not of sufficient height to meet the applicant's engineering requirements
and why.
(c)
Substantial evidence that the existing towers
or structures do not have sufficient structural strength to support
the applicant's proposed antenna and related equipment.
(d)
Substantial evidence that the applicant's proposed
antenna would cause electromagnetic interference with the antenna
on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant's
proposed antenna.
(e)
Substantial evidence that the fees, costs or
contractual provisions required by the owner in order to share the
existing tower or structure are reasonable. Costs exceeding new tower
development are presumed to be unreasonable.
(f)
Substantial evidence that the applicant can
demonstrate other limiting factors that render existing towers and
structures unsuitable.
(4)
The applicant proposing to build a new tower shall
submit an agreement with the Village that allows for the maximum allowance
of collocation upon the new structure. Such statement shall become
a condition to any approval. This statement shall, at a minimum, require
the applicant to supply available collocation for reasonable fees
and costs to other telecommunications providers. Failure to provide
such an agreement is evidence of the applicant's unwillingness to
cooperate with the orderly and well-planned development of the Village
of Norwood and grounds for a denial.
(5)
(5) The applicant shall submit the engineering information
detailing the size and coverage required for the facility location.
The Planning Board may have any submitted information reviewed by
a consultant for verification of any claims made by the applicant
regarding technological limitations and feasibility for alternative
locations or any other matter required by the application. Cost for
this review shall be borne by the applicant.
Recognizing the extremely hazardous situation presented by abandoned and unmonitored towers, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned towers in the event that the tower is abandoned and the tower owner is incapable and unwilling to remove the tower in accordance with § 200-88; all security shall be maintained for the life of the tower. Bonding and surety shall be consistent with Village requirements. Furthermore, the Planning Board shall require the submission of proof of adequate insurance covering accident or damage.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned and
hazardous to the public health and safety, unless the owner of said
tower provides proof of quarterly inspections. The owner shall remove
the abandoned structure within 90 days of receipt of a declaration
of abandonment from the Village notifying the owner of such abandonment.
A declaration of abandonment shall only be issued following a public
hearing, noticed per Village regulations, with notice to abutters
and the last known owner/operator of the tower. If the abandoned tower
is not removed within 90 days, the Village may execute the security
and have the tower removed. If there are two or more users of a single
tower, this provision shall not become effective until all users cease
using the tower.
