This article is designed and intended to balance the interests of the residents of the City of Haralson, telecommunications providers, and telecommunications customers in the sitting of telecommunications facilities within the City so as to protect the health, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services, and so as to promote the City of Haralson as a proactive City in the availability of personal wireless telecommunications service. To that end, this article shall:

A.

Provide for the appropriate location and development of telecommunications facilities in the City;

B.

Protect the City's built and natural environment by promoting compatible design standards for telecommunications facilities;

C.

Minimize adverse visual impacts of telecommunications facilities through careful design, sitting, landscape screening and innovative camouflaging techniques;

D.

Avoid potential damage to adjacent properties from tower or antennae failure through engineering and careful sitting of telecommunications tower structures and antennae;

E.

Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the City;

F.

Maximize and encourage use of alternative telecommunication tower structures as a primary option rather than construction of additional single-use towers; and

G.

Encourage and promote the location of new telecommunications facilities in areas, which are not zoned, for residential use.

As used in this article, the following terms shall have the meaning indicated:

A.

Antenna means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this article the term "antenna" does not include any tower and antenna under seventy (70) feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service, or any cable television headend or hub towers and antennae used solely for cable television service.

B.

Micro telecommunications facilities are those which are located on existing buildings, poles, or other existing support structures where antennae do not project more than three feet (3') above the top of the structure and there are no more than six (6) antennae per site.

C.

Macro telecommunications facilities are those which are located on existing buildings, poles, or other existing support structures and which project more than three feet (3') above the top of the structure but no more than ten feet (10') above the roof line, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation specified for the zoning district.

D.

Monopole tower means a telecommunications tower consisting of a single pole, constructed with guy wires or ground anchors.

E.

Telecommunications facilities refers to antennae and towers, either individually or together.

F.

Tower means a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

The following shall be exempt from this article.

A.

Any tower and antennae under seventy (70) feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;

B.

Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service;

C.

Any telecommunications facilities located on property owned, leased or otherwise controlled by the City provided a license or lease authorizing the telecommunications facility has been approved by the Governing Body; or

D.

Any cable television headend or hub towers and antennae used solely for cable television services.

A.

In General Industrial (GI) zoning district Micro and Macro telecommunications facilities shall be allowed as a use by right. Telecommunications towers designed and intended to accommodate at least one user are permitted as a use of right up to a height of eighty feet (80') following design review by and receipt of a building permit from the City.

B.

In the Rural Development (RD) zoning district, short Micro telecommunications facilities shall be allowed as a use as of right on nonresidential structures following design review by and receipt of a building permit from the City. Macro telecommunications facilities shall be allowed as a special use on nonresidential structures following design review by and receipt of a building permit from the City.

C.

Telecommunications facilities outside the guidelines listed above may only be built after approval of a variance in accordance with section 13.19 of the Code of the City of Haralson as well as receipt of a building permit.

A.

Preferred Location Sites.

1.

Co-Location Sites: Any existing telecommunications towers currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a Preferred Location Site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting components of this article and co-location sites shall not become an "antenna farm" or otherwise be deemed by the Governing Authority to be visually obtrusive.

2.

Publicly-used structures: Publicly-used structures are preferred locations throughout the City because they appear in virtually all neighborhoods, are dispersed throughout the City, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly-used structures include, but are not limited to, facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, clock or bell towers, light poles and churches.

3.

Industrial and Commercial Structures: Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages, or service stations shall be Preferred Locations particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.

B.

Disfavored Location Sites: Any single-family residential structure or site or multi-family duplex shall be a disfavored site for the location of telecommunications facilities.

A.

General Requirements for All Telecommunications Facilities: The requirements set forth in this Section shall govern the location and construction of all telecommunications facilities governed by this article.

1.

Building Codes and Safety Standards: To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in Georgia. The results of such inspection shall be provided to the City.

2.

Regulatory Compliance.

a.

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, then the owners of the telecommunications facilities governed by this article shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

b.

Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every 12 months.

3.

Security: All telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facility.

4.

Lighting: No illumination is permitted on telecommunications facilities unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

5.

Advertising: No advertising is permitted on telecommunications facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard of outdoor advertising sign as long as the other requirements of this article are met.

6.

Visual Impact.

a.

Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a 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. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the Governing Body or by any state or federal law or agency.

e.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

7.

Landscaping.

a.

Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property. Landscaping shall include a buffer zone of no less than fifty (50) feet from the base of the tower, thirty (30) feet of which shall be densely planted with native evergreen trees and shrubs.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

c.

The City may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the City.

8.

Maintenance Impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street.

9.

Principal, Accessory and Joint Uses.

a.

Accessory structures, used in direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility. Accessory uses must be fenced.

b.

Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

10.

Lot Size and Setbacks.

a.

The following setback requirements shall apply to all telecommunications facilities:

1)

Telecommunications towers must be set back a distance equal to the height of the tower from any property line.

2)

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

b.

For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten foot (10') high antenna and supporting structure requires ten foot (10') setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

B.

Additional Requirements for Towers:

1.

Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

2.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

3.

At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower and related facilities to the natural setting and built environment.

4.

Towers shall not be located any closer than 1,500 feet from an existing tower.

5.

When a tower is adjacent to a residential use, it must be set back from the nearest residential lot line a distance at least equal to its total height.

6.

In no case shall a tower be located in the required front yard, back yard or side yard in a residential district.

7.

Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the Governing Body or any state or federal law or agency or where they will create visual clutter.

8.

Towers shall be enclosed by decay-resistant security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device designed to prevent tower access.

9.

If no paved access road leads to proposed tower site then a access road no wider than twenty (20) feet shall be constructed of dustless and durable Portland Cement, concrete, or asphaltic concrete and maintained in a useable condition.

A.

General Application Requirements for All Building and Special Use Permits.

Application for a building permit or for a special use permit for any telecommunications facility shall be made to the City Clerk by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The following information shall be submitted when applying for a building permit, for a special use permit or other permit or variance included in this article and must be submitted for an application to be considered complete:

1.

Basic Information.

a.

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Applicants shall submit a paper location map and a digitized location map in a format compatible with the GIS software currently utilized by the City.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in section VI(A)(7).

c.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

d.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

e.

Report from a qualified, independent engineer licensed in the State of Georgia, documenting the following:

1)

Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design;

2)

Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated;

3)

Evidence of structural integrity of the tower structure; and

4)

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris.

f.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.

g.

Information showing the proposed facility would provide the needed coverage or capacity.

h.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

i.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network.

j.

Designation of which Location Preference, identified in Section V, above, the proposed facility is meeting. If the proposed location is not a Preferred Location 1 through 4 or is a Disfavored Site, describe: (a) what publicly-used building, co-location site or other Preferred Location Sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a map at 1:200 scale of all such buildings within the service area; (b) what good faith efforts and measures were taken to secure each of these Preferred Location sites; (c) why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and (d) how and why the proposed site is essential to meet service demands for the geographic service area and City-wide network.

2.

Five Year Plan and Site Inventory. Each application shall include a five-year facilities plan and site inventory including the following:

a.

A list of all existing, existing to be upgraded or replaced, and proposed telecommunications facility sites within the City limits and within one mile of the City limits and a map showing these sites. The list must include the following information for each site:

1)

Street address;

2)

Assessor's Block and Lot or other applicable ad valorem tax identification number;

3)

Zoning district;

4)

Type of building (commercial, residential, mixed use) and number of stories;

5)

The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand alone rooftop, building façade, etc.) and location of the base transceiver station installation(s);

6)

The height from grade to the top of the antenna installation; and

7)

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

b.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the Assessor's Blocks continued within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.

3.

Additional Information Requirements for Towers:

a.

Applicants must justify why alternate sites have not been proposed. The Council will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The Council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

b.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the Council. Applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If co-location on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such collocation is not being proposed. If co-location on any such tower would increase negative visual impact, then the applicant must so state and demonstrate. The Council will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The Council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

c.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.

d.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennae. The applicant shall provide a drawing for each tower showing existing and proposed antennae locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The Council shall approve those limitations if they cannot be overcome by reasonable technical means.

e.

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.

4.

The applicant must provide any other information which may be requested by the Council to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

When a telecommunications facility will be a use as a right pursuant to Article 5 of this ordinance and requires only a building permit and design review before it may be erected, the Council will expedite review of the application and render a decision on the application within thirty (30) business days after receipt of a complete application.

A.

A request for a special use permit shall be initiated by application to the City Clerk handled in accordance with the special use permit provision of section 15.16 of this Ordinance. The Council may issue a special use permit under this section provided it shall have determined that all of the requirements of section 15.16 have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

B.

In granting a special use permit the Council may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties.

Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co-location. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.

Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall be operated at all times in the City so as to not cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.

Prior to receiving a building permit for construction of the telecommunications facility, the applicant shall provide:

•

Documentation supplied to the City sufficient to demonstrate that the tower owner has the obligation under the governing lease to dismantle and remove the tower upon abandonment; and

•

For placement into the Radio or Telecommunication Tower Removal Account established by the City the adequate amount of an irrevocable cash deposit to cover the cost of removal of the tower. The adequate amount shall be thirty dollars ($30) per foot of height for monopole towers and one hundred dollars ($100) per foot of height for self-supporting or guyed towers. An account shall be established for removal of towers constructed in permitted or special use districts, refundable up to the amount of deposit and accrued interest, and upon restoration of the site to its previous condition as determined by the City or to the standard described in the lease agreement.

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the City any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have thirty (30) days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within thirty (30) days, the City may provide notice to the owners requiring the telecommunications facility to be removed. In the event such telecommunications facility is not removed within thirty (30) days of receipt of such notice, the City may remove such facility and place a lien upon the property for the costs of removal. Delay by the City in taking action shall not in any way waive the City's right to take action. The City may pursue all legal remedies available to it to insure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The City may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

A.

Any telecommunications facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within sixty (60) days of receipt of notice from the City notifying the owner(s) of such abandonment, the City may remove such tower and/or antenna 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 telecommunications facilities are removed. Delay by the City in taking action shall not in any way waive the City's rights to take action. The City may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

B.

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

A.

All telecommunications facilities operative on the date of adoption of this adoption of section 15 to the City's zoning article shall be allowed to continue their present usage as a non-conforming use and shall be treated as a non-conforming use in accordance with section 10 of the Zoning Ordinance. Routine maintenance, including replacement with a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with the requirements of this article.

B.

A telecommunications facility that has received City approval as of prior to the adoption of section 15 to the City's zoning ordinance in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

C.

Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.

A.

Any person who attempts to erect or erects a telecommunications facility covered by this article without having first obtained the necessary building permit, special use permit or variance in the manner provided in this article shall be deemed in violation of this article. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this article shall be guilty of violating a duly adopted ordinance of the City and shall be punished either by a fine not to exceed $1,000.00 or by imprisonment not to exceed sixty (60) days or greater. The Magistrate Court of Coweta County shall have the power and authority to place any person guilty of violation of this ordinance on probation and suspend or modify any fine or sentence. As a condition of such suspension, the Court may require payment of restitution or impose other punishment allowed by law.

B.

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this article or without obtaining that required permits, or if any building, structure or land is used in violation of this article, the City Attorney, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use or to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense.

No provisions in this article shall be interpreted to unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services.