The purpose of this article shall be:

A.

To provide for the appropriate location and development of towers and wireless telecommunication facilities in such locations as will promote the public safety and general welfare;

B.

To minimize, through proper siting, screening, and design, the potential for visual incompatibility and proliferation of towers;

C.

To promote and maximize the shared-use/co-location of new and existing towers and the use of alternative tower structures;

D.

To accommodate the increased demand for the development of towers and wireless telecommunication facilities; and

E.

To encourage the location of towers in non-residentially developed and zoned areas.

For the purposes of this article, the following terms shall have the meanings given in this section:

A.

Alternative tower structures: shall include, but are not limited to, man-made structures such as clock towers, bell towers, church steeples, water towers, light poles, warehouses, factories, commercial buildings, multi-family buildings, and publicly-used structures such as police and fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, and other structures that can be used for the mounting of antennas or serving the function of a tower.

B.

Antenna: shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves.

C.

Co-location/shared use: shall mean the placement of the antennas of two or more service providers upon a single tower.

D.

FAA: shall mean the Federal Aviation Administration.

E.

FCC: shall mean the Federal Communications Commission.

F.

Guy tower: shall mean the tower that is supported, in whole or in part, by guy wires and ground anchors.

G.

Height: shall mean the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower, not including any antennas or other attachments.

H.

Lattice tower: shall mean a tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.

I.

Monopole tower: shall mean a telecommunications tower constructed of a single pole, without guy wires or ground anchors.

J.

Tower: shall mean a vertical structure on which is or can be located one or more antennas, including but not necessarily limited to guy towers, lattice towers, and monopole towers.

No new towers shall be permitted unless the applicant adequately demonstrates that neither an existing tower suitable for co-location nor a suitable alternative tower structure is available. Evidence submitted to demonstrate that no existing tower or other structure can accommodate the applicant's proposed antenna may consist of any of the following:

A.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

B.

Existing towers or structures are not of sufficient height to meet applicant's requirements.

C.

Existing tower or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

D.

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.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower developments are presumed unreasonable.

F.

Property owners or owners of existing towers or structures are unwilling to accommodate reasonably the applicant's needs.

G.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

A.

Minimum lot size. The minimum lot size requirements for zoning districts shall not apply to towers. However, the site or parcel on which the tower is located shall be of sufficient size to meet the minimum setback requirements in this article.

B.

Minimum setback requirements. Towers shall be set back a minimum of a distance equal to the height of the tower from all habitable buildings or structures, public rights-of-way, and property lines of any adjacent property. Monopole towers shall not be located any closer than the height of the tower to any residence. Guy towers and lattice towers shall not be located any closer than 500 feet or three times the height of the tower, whichever is greater, to any residence. These setback requirements shall not apply to any building related to the operation or maintenance of the tower.

C.

Structural design. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed, constructed, and 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 (EIA), as amended from time to time. A tower must have the structural capacity to accommodate at least two other users comparable to the initial user.

D.

Maximum height. The maximum height of towers in all residential districts shall be 180 feet. In all zoning districts in which towers are permitted as conditional use, the height of all towers may be limited in granting the conditional use permit. If at any time it is determined by the FAA or any successor agency that a tower or antenna is interfering with the operation of the Statesboro Municipal Airport or with the Statesboro Municipal Airport's ability to upgrade its status (such as to an instrument landing system facility), such tower or antenna shall immediately be modified to eliminate such interference. If the tower or antenna cannot be modified to eliminate the interference, then the tower or antenna shall immediately be removed by the owner. If the owner fails to remove such tower or antenna, then the governing authority may remove the tower or antenna at the owner's expense and the cost of removal shall constitute a lien upon the property on which the tower or antenna was located.

E.

Illumination. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the zoning administrator, planning and zoning commission, or board of commissioners may review the available lighting alternatives approved by the FAA or any successor agency and require the alternative that would cause the least disturbance to surrounding property: This may include the requirement of a dual lighting system, vertical aiming, or such other FAA-approved measures as may be feasible to reduce the negative impact on the surrounding property. Additional expense shall not be a factor in determining feasibility.

F.

Color and markings. Unless otherwise required by the FAA or other applicable authority, all towers shall be unmarked and shall have either a galvanized finished or be painted a dull blue, gray, or black finish. If an antenna is installed on a structure other than a tower, the zoning administrator may require the antenna and related equipment or appurtenances to be of a neutral color that is compatible with the color of the supporting structures so as to make the antenna and related equipment or appurtenances as visually unobtrusive as possible. Camouflaged towers designed to look like trees shall be exempt from the requirements of this subsection.

G.

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height equipped with appropriate anti-climbing devices. Access to the tower shall be through a locked gate. For guy towers, each guy anchor shall also be enclosed by security fencing not less than six feet in height with the fence line set back at least ten feet from the guy anchor.

H.

Landscaping. The visual impact of towers shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures as follows:

(1)

A landscaped buffer area a minimum of ten feet in width shall be maintained around the exterior of the security fencing.

(2)

The landscaped buffer area shall consist of materials of the evergreen variety sufficient to provide screening that will minimize the visual impact of the tower.

(3)

All required landscaping shall be properly maintained to ensure good health and vitality.

(4)

The use of existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.

(5)

Camouflaged towers designed to look like trees shall be exempt from the requirements of this subsection.

(6)

Applicants may submit for approval alternative landscaping plans that meet the purposes of this subsection to limit the visual impact of towers. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(7)

The zoning administrator is authorized to grant any approvals and/or waivers contemplated by this subsection in zoning districts where towers are a permitted use.

I.

No advertising. Neither the tower nor the tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising. Name plates for the purpose of self-identification shall not be considered advertising.

J.

Federal and state requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal or state governments with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such 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 or state agency.

K.

Pre-existing towers/non-conforming uses. All towers operative on the effective date of this ordinance shall be allowed to continue their present usage as a non-conforming use or structure. Additional antennas and related equipment or appurtenances may be co-located on or around pre-existing towers, provided that a permit for such co-location is obtained in accordance with this article.

A.

Building permits. It shall be unlawful for any person or entity who has not made application for and obtained a building permit in accordance with this article to:

(1)

Erect, construct in place, re-erect, or replace, any tower;

(2)

Locate or co-locate any telecommunications facilities on or around a pre-existing tower for which a permit has not been obtained in accordance with this article;

(3)

Locate any telecommunications facilities on an alternative tower structure.

No permit or informational submittals shall be required for the repair, replacement, or addition of antenna(s) to a tower or alternative tower structure that does not involve the installation of equipment or appurtenances other than the antenna(s) not exceeding 20 feet in height. No additional permit shall be required for the co-location of an antenna or antennas and related equipment or appurtenances on or around a tower for which a permit has already been issued in accordance with this article; provided, however, that the co-locating person or entity shall make information submittals as hereinafter required. Applications for building permits and information submittals under this article shall be submitted to the zoning administrator or his designee and shall be accompanied by the appropriate fee as set forth in the schedule of fees and charges on file in the office of the city clerk.

B.

Submittals. A complete application shall contain the following:

(1)

A site plan or plans to scale specifying the proposed location and dimensions of the tower, the proposed lighting system (if any) and alternative lighting systems that would meet FAA approval, size of accessory buildings or uses, access, parking, fences, landscaping plans, existing and adjacent land uses, proposed distance of the tower from existing structures, buildings, overhead utility lines, public rights-of-way, and adjacent property lines, and utilities inventory indicating the locations of all drainage, power lines and any other items as impacting the proposed tower site.

(2)

Photo simulations or renderings of the proposed tower illustrating the potential visual impact.

(3)

A report from a licensed professional engineer, documenting the following:

(a)

Tower height and design, including structural and technical engineering, and other pertinent factors governing the proposed tower design. A cross-section of the tower structure shall be included.

(b)

Total anticipated structural capacity of the tower, including number and types of antennas which can be accommodated.

(c)

Evidence of structural integrity of the tower.

(d)

Failure characteristics of the tower and demonstration of the site, setbacks and separation from other uses are of adequate size or distance.

(e)

If the application is for an antenna or antennas and related equipment or appurtenances to be located or co-located on a pre-existing tower or located on an alternative tower structure, the engineer's report shall document that the pre-existing tower or alternative tower structure has the structural capacity to support the additional antenna or antennas and related equipment or appurtenances.

(f)

Certification that the tower and/or antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(4)

Written documentation from the FAA that the FAA has determined that the tower and/or antenna(s) and related equipment or appurtenances is not identified as an obstruction and would not be a hazard to air navigation.

(5)

If the application is for a new tower or towers, the applicant must reasonably demonstrate that no existing tower or alternative tower structure can accommodate the applicant's proposed antenna(s) and related equipment or appurtenances. Such evidence may consist of any of the following:

(a)

No existing towers or alternative tower structures are located within the geographic area required to meet applicant's engineering requirements.

(b)

Existing towers or alternative tower structures are not of sufficient height to meet applicant's engineering requirements.

(c)

Existing towers or alternative tower structures do not have sufficient structural capacity to support applicant's proposed antenna(s) and related equipment or appurtenances.

(d)

The applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing tower or alternative tower structures, or the antenna(s) on the existing towers or alternative tower structures would cause electromagnetic interference with the applicant's proposed antenna(s).

(e)

The fees, costs, or contractual provisions required by the owner in order to utilize an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for utilization are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates that there are other limiting factors that render existing towers and alternative tower structures infeasible.

(6)

If the application is for a new tower, the applicant must submit a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(7)

The applicant shall submit an inventory of its existing tower sites that are either within the jurisdiction of the governing authority or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning administrator may share this information with other applicants seeking permits for towers or antennas and related equipment or appurtenances within the jurisdiction of the governing authority; provided, however that the zoning administrator is under no obligation to share such information and is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

C.

Informational submittals. Any person or entity co-locating an antenna or antennas and related equipment or appurtenances on or around a tower for which a permit has already been issued shall submit the following for information only:

(1)

The name of the person or entity co-locating on the tower.

(2)

The name of the owner of the tower.

(3)

The tower's permit number.

(4)

The location of the tower.

(5)

The remaining structural capacity of the tower.

(6)

Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

D.

Independent expert review. If, in the opinion of the zoning administrator, an independent expert review of an application is warranted, the zoning administrator may engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant and render an opinion regarding such concerns as structural integrity and feasibility of alternative sites or co-location. Provided, however, that prior to seeking the review of an independent expert, the zoning administrator shall convey his concerns to the applicant in writing and allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address the zoning administrator's concerns, the applicant shall be allowed a reasonable amount of time, not to exceed 30 days, in which to modify the application altogether. If any applicant fails to so modify or withdraw the application within the required time, the zoning administrator may proceed to engage a licensed professional engineer to conduct the independent expert review and the expert's fees will be paid by the applicant. The expert's opinion shall not necessarily be determinative, but shall be a significant factor to be considered in granting or denying the application.

E.

Forms. The zoning administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process.

F.

Action on applications. See sections 14-3 through 14-7.

A.

Towers erected by governmental entity for police, fire, EMS, 911 or other similar public safety telecommunications shall be exempt from the requirements of this article.

B.

Commercial telecommunications providers shall give priority to and make reasonable efforts to accommodate requests by governmental entities for tower space needed for public safety telecommunications. If such a request is denied, the commercial telecommunications provider shall reasonably demonstrate why it is not feasible to grant the request.

C.

If at any time it is determined that a tower or antenna owned or operated by a commercial wireless telecommunications provider is interfering with public emergency telecommunications, such tower or antenna shall immediately be modified to eliminate such interference. If the interference cannot be eliminated through modification, then the commercial provider shall discontinue the use of and remove the tower or antenna.

A.

Any tower that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned tower and the owner of the property where the abandoned tower is located shall be under a duty to remove such tower. If such tower is not removed within a reasonable time, not to exceed three months, after receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to insure that abandoned towers are removed. Delay by the city in taking action shall not in any way waive the city's right to take action.

B.

If the owner of an abandoned tower wishes to use such abandoned tower, the owner must first apply for and receive all applicable permits and meet all of the conditions of this article as if such tower were a new tower.

A.

Warnings and citations. All owners shall furnish to the city clerk a report prepared by a registered professional engineer attesting to the structural integrity. If, upon inspection, 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 60 days to bring such tower into compliance with such standards. The zoning administrator, building inspector, or their designees may issue a warning citation for a violation of this article. A warning citation shall be sent via certified or registered mail to the person or entity who is responsible for the violation. Upon receipt of the warning citation, the person or entity shall have 60 days to correct or remove such violation, unless the citing official determines that the violation is an imminent hazard to the public, in which case the citing official may shorten the period of time in which the violation must be corrected or removed. If the violation is not corrected or removed within the required time period, then the person or entity shall be issued a citation for violation of this article. Further, if the owner fails to bring such tower into compliance within said 60 days, the city council may remove such tower at the owner's expense.

B.

Fines. Any violation of this article resulting in a citation shall be punishable by the imposition of a fine not to exceed $1,000.00. In no event shall the fine imposed for a violation of this article be less than $500.00.

C.

Continuing violation. Each day any violation of this article continues may be considered a separate offense punishable by a separate fine.

A.

No liability. This article is remedial in nature and shall be construed to secure such beneficial interests and purposes thereof, which are public safety, health, and general welfare. This article shall not be construed as imposing upon the city or any of its employees or agents any liability or responsibility for damages to any person or property in any way caused by or connected with a tower, antenna, or telecommunications facility governed by this article. Nor shall the city or any of its employees or agents be held as assuming any such liability or responsibility by reason of inspections, grants, denials, approvals, or permits conducted or issued pursuant to this article.

B.

Severability. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

C.

Conflicting provisions. In the event of a conflict between the provisions of this article and any other provisions of the Brooklet city ordinances, the provisions of this article shall govern and the other conflicting provisions shall be deemed repealed insofar as they would otherwise apply to the subject of this article.

D.

Effective date. This ordinance shall take effect immediately upon adoption.

A.

Amateur radio; receive-only antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under 40 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.