In addition to the definitions presented in sections 60-1 and 60-2, the following definitions are applicable to this article:

Antenna means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission of radio or electromagnetic frequency signals.

Colocation means the use of a WCF by more than one wireless communications provider.

Expansion of WCF means the addition of antennas, towers, or other devices to an existing structure.

Parabolic antenna means an antenna which is bowl-shaped, designed for the reception and/or transmission of radio frequency communication signals in a specific directional pattern (also known as a satellite dish antenna).

Targeted market coverage means the area which is targeted to be served by a WCF.

Wireless communications facility (WCF) means 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 telecommunications (SMR), common carrier wireless exchange phone services, common carrier wireless exchange access services, and personal communications service (PCS) or pager services.

(Ord. of 9-21-2009, § 4.7B)

The city recognizes that wireless communications facilities provide a valuable and necessary service to the public. The city also recognizes that the proliferation of these facilities could result in unintended interference with public safety communications and the potential for avoidable visual impacts in the community. These regulations are intended to balance the interests of the telecommunication providers, their customers, public safety agencies and the public by:

(1)

Establishing clear standards and submission requirements for wireless communication facilities (WCFs).

(2)

Creating a two-tier process in which minor WCFs can be reviewed and approved by a staff review committee while all other WCFs are subject to planning board review and approval.

(3)

Encouraging the collocation of proposed WCFs on existing facilities and requiring new towers to be designed to permit collocation.

(4)

Encouraging the use of finishes and colors to minimize visual impact by matching or blending the appearance of the new facilities with the surrounding natural or built environment.

(5)

Ensuring that new WCFs, either by themselves or in combination with other existing on- or off-site WCFs, will not interfere with any public safety communications.

(Ord. of 9-21-2009, § 4.7A)

This section shall apply to all WCFs except the following:

(1)

WCFs for municipal use.

(2)

Parabolic antennas less than seven feet in diameter, that are an accessory use of the property.

(3)

Maintenance, repair or reconstruction of a WCF and related equipment, provided that it does not constitute an expansion of a WCF and there is no change in the height or any other dimension of the facility.

(4)

An antenna that is an accessory use to a residential dwelling unit.

(Ord. of 9-21-2009, § 4.7C)

(a)

A WCF that includes construction of a new tower, structural modification to an existing tower or an increase of ten percent or more in total WCF height shall be permitted by special exception in all zoning districts after approval by the planning board in accordance with the provisions of division 2 of article XVI of this chapter as well as the supplemental provisions described in these regulations. The planning board shall not approve such WCF if it is closer than one-half miles radius from an existing public safety WCF.

(b)

Unless subject to the provisions of subsection (a) of this section or listed as an exempt activity in section 60-838, any other WCF, including the replacement of an existing antenna or the addition and/or collocation of a new antenna on an existing tower, shall be permitted by right in all zoning districts subject to review and approval in accordance with these regulations.

(Ord. of 9-21-2009, § 4.7D; Ord. No. 11-03012021, § 78, 3-15-2021)

(a)

WCF permitted by special exception. In addition to the submissions requirements of site plan review, an application for a WCF permitted as a special exception shall contain the following information:

(1)

A copy of the federal license for the WCF, or a signed statement from the owner or operator attesting that the facility will comply with FCC regulations.

(2)

A USGS 7.5 minute topographic map showing the locations of all WCFs above 100 feet in height above ground level, except rooftop antennas, within a five miles radius of the proposed WCF.

(3)

A site plan prepared and certified by a professional engineer registered in the state indicating the location, type, and height of the proposed WCF, antenna capacity, on-site and abutting off-site land uses, means of access, and setbacks from property lines. The site plan must include said engineer's certification that the proposed WCF complies with all American National Standards Institute (ANSI) and other applicable technical codes.

(4)

Elevation drawings of the proposed WCF and any other proposed structures, showing height above ground level, guy wires and existing and proposed tree line within 100 feet of the property line.

(5)

Details of the tower base, support structures, access road, fencing and gate.

(6)

Written description of how the WCF fits into the applicant's communications network.

(7)

Photos of the site showing existing conditions at the perimeter of the site, within setback areas and in the vicinity of proposed improvements.

(8)

An estimate of the cost of construction and removal of the WCF prepared by a professional engineer registered in the state and evidence of financial capacity to construct and operate the WCF.

(9)

A letter of commitment from a financial institution agreeing to provide an irrevocable letter of credit sufficient to cover the cost of removal of the WCF.

(10)

For proposals to construct a new tower, evidence that no existing building, site or structure can accommodate the proposed facility. Such evidence may consist of the following:

a.

Evidence that no existing facilities are located within the targeted market coverage area as required to meet the applicant's engineering requirements.

b.

Evidence that existing facilities do not have sufficient height, structural strength or capacity and cannot be reasonably improved to address these deficiencies to meet the applicant's engineering requirements.

c.

Evidence that the fees, costs, or contractual provisions required by the owner of an existing facility in order to permit collocation on an existing facility are unreasonable. Costs exceeding the pro rata share of a new facility development are presumed to be unreasonable.

(11)

A letter signed by the applicant for a new tower agreeing to allow future collocation of WCFs based on a reasonable charge for shared use, based on community rates and generally accepted accounting principles. Such charge may include but is not limited to a pro rata share of the cost of site selection, planning and project administration, land costs, site design, construction, permitting, 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)

An analysis prepared and certified by an RF Engineer or qualified engineer registered in the state demonstrating that WCF will not interfere with any public safety communications. Such analysis shall include the following:

a.

Location in longitude and latitude of the antenna.

b.

Frequency in megahertz.

c.

Ground elevation.

d.

Antenna centerline.

e.

Antenna model number.

f.

ERP.

g.

Cumulative field measurements of frequency emissions of all antennas installed on an existing WCF.

(b)

WCF permitted by right. An application for a WCF that is permitted by right as described in section 60-839 shall contain the following information:

(1)

Name and address of owner and developer and interest of the applicant if other than the owner or developer.

(2)

Names and addresses of all owners of all adjacent properties as they appear on assessor's records.

(3)

Copy of city tax topographic map showing the location of the proposed facility.

(4)

A copy of the federal license for the WCF, or a signed statement from the owner or operator attesting that the facility will comply with FCC regulations.

(5)

Written description of how the WCF fits into the applicant's communications network.

(6)

If the applicant is the owner of the structure on which a proposed antenna is to be located, a letter agreeing to allow future collocation of WCFs based on a reasonable charge for shared use, based on community rates and generally accepted accounting principles. Such charge may include but is not limited to a pro rata share of the cost of site selection, planning and 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.

(7)

An analysis prepared and certified by an RF engineer or qualified engineer registered in state demonstrating that the WCF will not interfere with any public safety communications. Such analysis shall include the following:

a.

Location in longitude and latitude of the antenna.

b.

Frequency in megahertz.

c.

Ground elevation.

d.

Antenna centerline.

e.

Antenna model number.

f.

ERP.

g.

Cumulative field measurements of frequency emissions of all antennas installed on an existing WCF.

(Ord. of 9-21-2009, § 4.7E)

(a)

WCF permitted by special exception. The planning board is authorized to retain experts at the applicant's expense to evaluate technical information or conduct studies that it finds necessary in order to determine whether these standards will be met. In addition to the criteria in sections 60-1304 and 60-1336, the planning board shall consider the following standards:

(1)

A WCF consisting of a new or expanded tower structure is designated to accommodate future collocation of at least three additional WCFs or providers.

(2)

A new or expanded WCF complies with the setback requirements for the zoning district in which it is located, or setback 150 percent of its height from all property lines, whichever is greater. The setback may be satisfied by including areas outside the property boundaries if secured by an easement. Such setback may be reduced by the planning board upon a showing that the WCF is designed to collapse in a manner that will not harm an abutting property.

(3)

The landscaping plan demonstrates that existing and proposed vegetation is sufficient to create a minimum six foot high continuous vegetative buffer within required setback areas.

(4)

A gated eight foot high perimeter fence adequately protects improvements from trespassers.

(5)

Lighting is limited to shielded nighttime security lighting as well as any illumination required by state or federal regulations.

(6)

Proposed color and materials are designed to allow the structures as well as cables to match or blend with the surrounding natural or built environment to the maximum extent practicable. Unless otherwise required, this may be accomplished by muted colors, earth tones and subdued hues. There shall be no environmental impact or potential impact including noise, fuel leakage, etc.

(7)

A new or expanded WCF complies with the current Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision Standard entitled, "Structural Standards for Steel Towers and Antenna Supporting Structures".

(8)

The applicant has demonstrated to the satisfaction of the planning board that the WCF will not, either by itself or in combination with other existing on- or off-site WCFs, interfere with any public safety communications.

(9)

The applicant has submitted a letter of commitment from a financial institution agreeing to provide an irrevocable letter of credit sufficient to cover the cost of removal of the WCF. Such letter of credit shall be in force prior to the issuance of a building permit, be adjusted annually to reflect any changes in consumer price index, and include a covenant requiring the city be provided a minimum of 180 days notice prior to the cancellation of said letter of credit.

(b)

WCF permitted by right. An application for a WCF permitted by right shall require review and approval by a staff review committee consisting of the city planner, city engineer and a representative of Lewiston-Auburn 911 Committee. The committee shall disapprove the WCF if it finds that the applicant has not demonstrated to the satisfaction of the committee that the WCF, either by itself or in combination with other existing on- or off-site WCFs, will not interfere with any public safety communications.

(Ord. of 9-21-2009, § 4.7F)

(a)

A WCF that is not operated as a WCF for a continuous period of 12 months or for which the city has received notice that the irrevocable letter of credit is to be canceled shall be considered abandoned. The code enforcement officer shall notify the owner of an abandoned WCF in writing and order the removal of the facility within 60 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 code enforcement officer that the facility has not been abandoned. 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 the time period, the city may draw on the line of credit to pay for the costs of removing the WCF and returning the site to its pre-construction condition, including removal of roads an reestablishment of vegetation.

(b)

The owner who removes an abandoned WCF 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.

(Ord. of 9-21-2009, § 4.7G)

(a)

An appeal from a decision of the planning board on a WCF permitted by special exception shall be in accordance with the provisions of division 3 of article XVI of this chapter.

(b)

An appeal from a decision of the staff review committee on a WCF permitted by right shall be to the board of appeals and shall be limited to the potential for the WCF, either by itself or in combination with other existing on- or off-site WCFs, to interfere with any public safety communications. The board of appeals is authorized to retain experts at the applicant's expense to evaluate technical information or conduct studies that the board of appeals determines may be necessary in order to render a decision on the appeal.

(Ord. of 9-21-2009, § 4.7H; Ord. No. 11-03012021, § 42, 3-15-2021)