Aurora City Zoning Code
ARTICLE VII
Communications Facilities
§ 116-75 Legislative intent.
The Town of Aurora recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities. The intent of this article is to protect the Town's interest in properly siting towers and/or similar facilities in a manner consistent with sound land use planning by:
A.
Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting and vegetative screening;
B.
Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures; and
C.
Maximizing the use of any existing tower or existing building and/or structures to reduce the number of towers and/or similar facilities needed, while also allowing wireless service providers to meet their technological and service objectives.
§ 116-76 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.
A system of electrical conductors that transmit or receive radio or similar communications frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, data transmission, personal communications services and microwave communications.
Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and do not require construction of a new tower, a significant structural modification of an existing telecommunications facility or the construction of a new antenna at a height in excess of any existing antennas located on any such tower, building or other structure.
The radius around a tower within which all portions of the tower and antenna(s) would fall, regardless of any claimed provisions for the breakoff of a portion of such a tower in the event of a structural failure of the tower.
Towers and/or antennas and accessory structures which together are used in connection with the provision of cellular telephone services, data transmission services, personal communications services, paging services, radio and television broadcast services and similar broadcast services.
A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which do or do not employ camouflage technology.
A permit to facilitate the construction of a tower and/or telecommunications facilities pursuant to this article.
§ 116-77 Approvals required for telecommunications facilities.
A.
Co-located antennas. Telecommunications facilities comprised of co-located antennas (and accessory structures) are permitted as of right in any district upon the issuance of a building permit. Such facilities shall comply with all Zoning and Building Code requirements set forth in the Town Code ("Code requirements"), provided that any such co-located antennas which require the erection of additional tower sections shall require a special use permit, site plan review and approval by the Town Board and a tower permit as set forth in this article.
B.
Municipal or government-owned property. Telecommunications facilities requiring construction of a new tower and/or antenna on municipal or government-owned property shall require a site plan review and approval by the Town Board. If the tower and/or antenna is less than or equal to 100 feet in height, it may be constructed upon the issuance of a building permit, provided that a supermajority of the Town Board recommends the issuance of such a building permit and the facility in question complies with all Code requirements. If the tower and/or antenna is over 100 feet in height, construction and operation will require the issuance of a tower permit. Additionally, facilities to be located on property owned by municipalities or other governmental entities other than the Town of Aurora shall, to the extent applicable, comply with any additional legal requirements imposed by such municipalities or other governmental entities.
C.
Nonresidential districts. Telecommunications facilities requiring construction of a new tower on nonmunicipal or non-government-owned property in any nonresidential zoning district shall require a special use permit, site plan review and approval by the Town Board and the issuance of a tower permit as set forth in this article.
D.
Residential districts. Telecommunications facilities requiring construction of a new tower in a residential zoning district shall in all cases require a special use permit, site plan review and approval by the Town Board and the issuance of a tower permit as set forth in this article. Additionally, applications for such telecommunications facilities in residential districts shall be treated as a Type I action for purposes of the State Environmental Quality Review Act and shall also require the submission of a visual environmental assessment form addendum to the Town Board.
§ 116-78 Tower permit application materials.
A.
All applicants for a tower permit shall make a written application to the Town Board, which should initially be delivered to the office of the Town Clerk, which application shall include:
(1)
Town-supplied tower special use permit application form to be used as tower permit application form.
(2)
Town-supplied site plan review application form.
(3)
Town-supplied environmental assessment form.
(4)
A site plan ("site plan") in form and content acceptable to the Town, prepared to scale and in sufficient detail and accuracy, showing at a minimum:
(a)
The exact location of the proposed tower and/or antenna, together with guy wires and guy anchors.
(b)
The maximum height of the proposed tower and/or antenna.
(c)
A detail of tower type (monopole, guyed, freestanding or other).
(d)
The color or colors of the tower.
(e)
The location, type and intensity of any lighting on the tower and antenna.
(f)
The property's boundaries of the property on which the tower and/or antenna is proposed to be constructed (the "property"); a copy of a property survey must also be provided.
(g)
Proof of the landowner's consent if the applicant will not own the property. (A copy of a lease agreement must also be provided if the applicant will not own the property.)
(h)
The location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower and the distance of the tower from all property lines and public roads or rights-of-way.
(i)
The names and mailing addresses of all of adjacent landowners.
(j)
The location, nature and extent of any proposed fencing and landscaping or screening to be constructed around or in conjunction with the tower and/or any telecommunications facilities applicable to the tower.
(k)
The location and nature of any utility easements and access roads proposed or existing in connection with the tower or applicable telecommunications facilities.
(l)
Building elevations of accessory structures and/or immediately adjacent buildings to the proposed tower and related telecommunications facilities.
(m)
The location and nature of any power generators existing or to be constructed in connection with a proposed tower and/or related telecommunications facilities.
(5)
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
(6)
A "search ring" prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Town Board why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for co-located antenna(s) and to what extent the applicant explored locating the proposed tower in a more-intensive use district or other available sites which are more consistent with the site preferences set forth in § 116-78.
(7)
The Town Board, upon reviewing the application, may request reasonable additional information, including but not limited to any visual and aesthetic information it deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscaping plans, line-of-sight drawings and/or visual simulations from viewpoints selected by the Town Board or its designated agents (including the Town's Engineer) or representatives.
§ 116-79 Communications facility permit standards.
The following criteria will be considered by the Town Board prior to the approval/denial of a request for a tower permit and may be used as a basis to impose reasonable conditions on the applicant to the issuance of such a tower permit:
A.
Siting preferences. The Town Board may express a preference that the proposed telecommunications facility be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically feasible and available location. A guideline for the Town Board's preference, from most favorable to least favorable districts/property, is as follows:
(1)
Property with an existing structure suitable for co-location.
(2)
Municipal or government-owned property.
(3)
Property located in a C3 Zoning District.
(4)
Property located in a C1 or C2 Zoning District.
(5)
Property located in an A Zoning District.
(6)
Property located in a residential zoning district.
NOTE: Any request by the Town Board for information on a preferred alternate site shall not unreasonably delay the application. |
B.
Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences or properties to the extent possible, the Town Board may impose reasonable conditions on the applicant, including but not limited to the following:
(1)
The Town Board may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design.
(2)
The Town Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible. Additionally, landscaping shall include two lines of spruce trees having a minimum height of six feet, each planted 10 feet apart, the first such line to be located 10 feet outside any required fence around a permitted tower and the second to be located 25 feet outside any required fence around a permitted tower planted between the trees planted in the first line of such trees so that such trees will appear from a distance to be five feet apart.
(3)
The Town Board may require the applicant to show that it has made good-faith efforts to co-locate on existing towers or other available and appropriate co-located structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.
(4)
Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as provided herein or as required by the FAA. Towers shall be a galvanized finish or painted matte gray unless otherwise required by the FAA or the ZBA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA. Notwithstanding any of the above, applicable tower permits or building permits will require a red blinking light on the top of any approved tower and/or antenna and solid nonblinking red lights every 50 feet of the tower's and/or antenna's height, installed in a manner which will make such lighting visible from all four sides of any particular tower or antenna.
(5)
No tower shall contain any signs or advertising devices.
(6)
The applicant must submit a copy of its policy regarding co-location on the proposed tower with other potential future applicants. Such policy shall not be changed without the written consent of the Town Board and shall be applicable to any assignee or transferee of the applicant and shall require the applicant to allow co-location if the new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment; the party desiring to co-locate pays the applicant an appropriate and reasonable sum to co-locate; and the party desiring to co-locate has or is willing to adopt a similar policy of co-location for the applicant.
C.
Radio frequency effect. The Town Board may impose a condition on the applicant that any approved antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency technical exposure limits and that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded.
D.
Traffic, access and safety.
(1)
A road turnaround and at least one parking space shall be provided to assure adequate emergency and service access to all telecommunications facilities. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower or antenna(s) or accessory structures is prohibited. All such roads shall be maintained and kept free of snow to assure appropriate access at all times.
(2)
All towers and accessory structures, including guy anchors, if applicable, shall be enclosed by a chain-link-type fence eight feet in height or otherwise sufficiently protecting such facilities from trespassing or vandalism. The height limitations and material limitations applicable to such fences contained elsewhere in this chapter are exempt as they affect this section. Fencing shall be a minimum of 100 feet by 100 feet and be constructed at least 50 feet from the base of the tower.
(3)
No tower, including any antenna annexed thereto, or antenna, whether freestanding or constructed on an existing structure or facility, shall exceed 250 feet in height (including the height of any structure or facility upon which such a tower and/or antenna is constructed) unless the applicant can demonstrate the existence of a necessary and/or special need to construct a higher tower and/or antenna in order to obtain a reasonable level of performance.
(4)
The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
(5)
The Town Board may require that towers and antenna(s) be set back a sufficient distance from adjacent property lines and/or structures to safeguard the general public and/or adjacent property from damage in the event of tower failure or falling debris such as ice, which distance shall take into account the fall-down zone of any tower and/or antenna. In all instances, towers and/or antennas shall be located no closer than 800 feet from any public road or right-of-way and 500 feet from any existing residences. The fall down zone should be equal to the height of the tower and any antenna annexed thereto from any adjacent property line. Notwithstanding the limitations contained herein, the Town Board can set a different fall-down zone upon receipt of information from the applicant or adjoining property owners which demonstrates the safety of the general public or adjacent property is protected.
(6)
If the Town Board deems it appropriate, it may require an acceptable security alarm or alarms to be installed in connection with any tower or related telecommunications facilities as a condition to the issuance of a tower permit.
E.
Removal of tower. The applicant shall agree to remove the tower, antenna and/or telecommunications facility if said tower, antenna or telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The Town Board shall require the applicant to provide a demolition bond (the "bond") acceptable to the Town Board and Town Attorney to assure appropriate removal of a telecommunications facility, antenna and/or tower in case the applicant fails to do so as required, in the amount and for the term deemed appropriate by the Town Board. If requested in writing by the Town Board, the amount of said bond will be adjusted, no more frequently than once every five years, to reflect current removal cost. Notwithstanding any other provision of this article to the contrary, the Town Board may waive the requirement for a demolition bond in those instances where a particular tower and/or antenna is co-located on an existing tower and/or antenna, the removal of which is assured by an acceptable existing demolition bond.
F.
Structural safety. Upon written request from the Town Board, either during the application process and/or after construction of the tower and/or antenna, the applicant shall provide a certificate from a qualified licensed engineer certifying that the tower and/or antenna meets applicable structural safety standards. Such requests from the Town Board shall not occur more often than once every five years, unless the Town has reasonable grounds to believe the tower and/or antenna is in an unsafe condition, in which event such a request may be made on a more frequent basis. In any such event, the certificate described herein shall be delivered to the Town Clerk within 30 days of such request, and any repairs recommended in such a certificate shall be commenced, and if possible completed, within 30 days of the date of such certificate.
G.
Maintenance of telecommunications facility. Notwithstanding any other provision contained herein, all telecommunications facilities shall be maintained in good order and repair as required by the Code requirements and all applicable state and local statutes and regulations. Failure to make such repairs within 10 days of receipt of a written request to do so from the Town or to maintain an acceptable demolition bond as described in § 116-79E shall constitute a violation of this article and subject the applicant and/or any owner, lessee or operator of such facility or facilities to a fine of up to $250 per day, with each day thereafter on which such violation continues to exist constituting a separate violation of this article.
H.
Lease or sublease of telecommunications facilities.
(1)
All lessees, sublessees or operators of towers or telecommunications facilities, other than the applicant, who use or operate any approved-of facilities shall, as a condition of said use, agree in writing to be bound by the provisions of any existing tower permit and site plan approval.
(2)
No applicant will lease or sublease any approved tower or telecommunications facilities without the Town's written consent, which will not be unreasonably withheld.
I.
Required landscaping around towers or telecommunications facilities shall be maintained at all times. Dead trees shall be replaced within 150 days with similar-sized trees, regardless of height, if possible. Property shall be mowed regularly to a height of six inches or less twice a month during the growing season.
J.
Notice of operation. At all times during which a tower and/or antenna regulated by this article is located or operated within the Town, the owner, lessee and/or operator shall provide the Town Clerk with written notice of the name, address and telephone number of at least two individuals who are located within 50 miles of the Town who can be reached on a twenty-four-hour basis in case emergency maintenance or safety precautions are required at such tower or any telecommunications facilities relating to such tower.
§ 116-80 Exemptions from requirements of this article.
The following are exempt from the requirements of this article:
A.
Existing towers and antenna(s) may be repaired and maintained without restriction.
B.
An antenna used solely for residential household television and radio reception which, together with any tower or other structure to which it is attached, does not exceed 45 feet in height, provided that the antenna or any tower to which it is attached is at least the same distance from any adjoining property line.
C.
Satellite antennas measuring two meters or less in diameter and located in agricultural (A) or commercial (C) zoning district and satellite antennas one meter or less in diameter, regardless of location.
§ 116-81 Procedure.
A.
The Town Board may waive or vary any requirements in this article for good cause shown.
B.
This article is meant to control and regulate the construction and use of towers, antennas, related telecommunications facilities and similar facilities in the Town. Unless specifically referenced in this article, other sections of this chapter are intended to be inapplicable to such facilities (such as height limitations normally required in the relevant zoning district).
§ 116-82 Permit and related fees.
A.
Permit fees pertaining to tower permits or building permits issues pursuant to this article are listed on the Standard Schedule of Fees annexed hereto and may be changed from time to time by resolution adopted by the Aurora Town Board.
B.
As a condition to the issuance of any related building or tower permit to facilitate the construction of a tower, antenna or telecommunications facilities pursuant to this section, the Town Board may require the applicant to pay the fees of an independent engineer retained by the Town to assist in the evaluation of the permit application.