Communications towers, antennas, poles, dishes, transmission towers, or similar structures for sending or receiving signals by radio wave, electrical impulse, or similar or related technologies shall be permitted in any district, but only when specifically authorized in the particular instance by a special exception granted by the Commission under Article XXVI and subject to the conditions prescribed in or pursuant to Article XXVI and subject to the general standards and limitations prescribed in § 500-147.

The purpose of this regulation is to provide for the location of wireless communication towers, antennas and facilities while protecting neighborhoods and minimizing the adverse visual and operational effects through careful design, siting and screening and to minimize the number of towers by encouraging shared or joint use where practical. This article of the Zoning Regulations is consistent with the Telecommunications Act of 1996 in that it does not discriminate among providers of functionally equivalent services; prohibit or have the effect of prohibiting the provision of personal wireless services; or regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Except for the location and height of towers/antennas, this regulation does not regulate any aspect of licensed (under FCC CFR 97) amateur radio and small business communications.

Additional purposes of these regulations are to:

A site plan showing the following:

Additional requirements to be submitted with application.

Applicability. This regulation applies to towers that measure over 35 feet from the ground at their bases.

Tower height. The applicant must demonstrate to the satisfaction of the Commission that such service and facility can only be provided at the location and height requested, but in no event shall the total height exceed 195 feet. For new towers, the Commission shall require the submission of propagation modeling results to facilitate its review of tower height. The applicant shall submit a propagation study for the lowest and highest antenna height on the tower to ensure adequate coverage of Killingworth while minimizing visual impacts. The Commission also may request propagation modeling for higher or lower heights.

Tower design. The structure shall be designed, colored, and sited in such a fashion as to minimize its visibility, unless otherwise required by FCC and/or FAA regulations. All towers shall be a monopole design. Towers not requiring FAA paintings or markings shall either have a galvanized finish or be painted a noncontrasting blue, gray, or black. The Commission may require that the monopole be designed and treated with architectural materials so that it is camouflaged to resemble a woody tree with a single trunk and branches on its upper part or other suitable art form/sculpture as determined by the Commission.

Design to allow future co-location. Any proposed tower shall be designed in all respects to accommodate both the applicant's antenna and comparable antennas for at least two additional personal wireless users, as defined in Section 704 of the Telecommunications Act, if the tower is more than 100 high or for at least one additional user if the tower is more than 50 but less than 100 feet in height. The Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at various heights.

Use of existing structures. Every effort shall be made to use existing structures, including adding multiple uses to single towers, so as to minimize the number of towers and other structures. Wherever possible, the tower shall be incorporated within buildings, barns, cupolas, steeples, chimneys, silos, utility poles, or other structures so as not to be visible.

Minimum land area for tower site. The tract of land on which the tower is to be located shall not be less than two acres.

Minimum setback requirements. All towers shall meet the minimum setback requirements for the underlying zone. In addition, so as to minimize the risks associated with collapse or upset, the following standards shall be met:

Structures, supporting or accessory structures and guy wire anchors. All structures, including supporting or accessory structures, such as buildings for power or controls, and guy wire anchors shall comply with all applicable zoning standards, including setbacks and percentage of lot use.

Signage. No signs or advertising shall be permitted on any tower or antenna, except that "No Trespassing," warning, and ownership signs are permitted at ground level.

Design for multiple users. The proposed support structure, building and electrical utilities shall be required to accommodate multiple users to the extent practical. These users shall include other wireless communication companies, business, municipal public safety and emergency services. If co-users are not known at the time of application, applicants may base design for consumer equipment requirements similar to their own.

Tower and tower construction standards. A proposed tower shall be designed and constructed to all applicable standards of the American National Standards Institute, as amended.

Licensed carrier required. A special exception will not be considered or granted for a tower built on speculation. The applicant must provide written evidence that at least one licensed carrier has agreed to lease space on the proposed tower.

Rooftop or facade antennas installations. For wireless telecommunication facilities where the antennas are mounted on the rooftop or facade of a nonresidential building, a scaled plan and elevation drawing showing where and how the proposed antenna and mounting supports will be affixed to a particular building or structure shall be submitted. In addition, the following standards shall be met:

Signal interference. The structure shall not cause interference with television, radio, or other signals in the area and shall comply with all state and federal standards with regard to electromagnetic radiation and interference, ionizing radiation, or health hazards or threats.

Facility security. The tower structure shall be so guarded as to prohibit trespass either by the use of a fence or anticlimbing shields or devices.

Lighting. Any lighting on the structure shall be shielded to prevent glare onto neighboring properties.

Signage. The premises shall bear a sign not exceeding four square feet in area nor higher than six feet off the ground with the name and phone number of a person responsible for the maintenance or operation of the facility in case of emergencies. Such sign shall be visible from outside the premises and shall contain data identifying the tower location.

Accessory buildings and cabinets. All accessory buildings and cabinets associated with wireless telecommunication facilities shall comply with the following:

Duration of permit. The permit shall be for a duration of five years and renewable upon application to the Commission.

Removal if not in use. A wireless telecommunication facility that is not in use for 12 consecutive months shall be removed by the facility owner at its expense. This removal shall occur within 90 days of the end of such twelve-month period. The Commission may request a bond or other surety satisfactory to the Town of Killingworth to guarantee removal, which shall be reviewed and renewed every two years.

Intrusiveness. Whether the proposed facilities represent the least intrusive means of providing the coverage needed for the given service area.

Alternative sites. Detailed analysis of alternative sites, structures, antennas, and access.

Detailed propagation analysis. Detailed propagation and antenna separation analysis relative to tower height.

Tower sharing or co-location. Tower sharing or co-location to facilitate the telecommunication needs of municipalities, emergency services and other entities in order to reduce the need to construct additional towers. The Commission reserves the right to require the applicant to achieve tower sharing.

Structure type and height. Assessment of tower structure type and height.

Mitigation of visual impact. Achievement of design characteristics and architectural treatments that mitigate, reduce or eliminate visual impacts on adjacent areas.

Future use. Consideration of future use or reuse of the site, with provisions for facility removal and site restoration.