This article shall be known as, and may be cited and referred to as, the "Town of Welsh Tower Ordinance."

(Ord. No. 609, § 1, 5-16-00)

This article applies to all towers located within the incorporated areas of the Town of Welsh. Operators of amateur radios licensed under Part 97 of the Federal Communications Commission regulations, antennas for individual home usage, and onsite commercial two-way radio towers under 50 feet in height are specifically excluded from the requirements of this article. Free standing single utility pole type of towers under 100 feet in height, when located within existing rights of way or servitudes of the Town of Welsh are specifically excluded from the requirements of this article except for those included in sections 22-257, 22-258, 22-281, 22-283 and 22-336.

(Ord. No. 609, § 1, 5-16-00; Ord. No. 767, § 1, 12-6-12)

The expansion of communication technology requires the construction of a network of servicing communication facilities and related equipment. In order to accommodate the communication needs of residents and business while protecting the public health, safety and general welfare of the community, no person shall develop, install, locate or construct any tower in any district in the town except as expressly authorized in this chapter and in conformance with all ordinances of the town.

(Ord. No. 609, § 1, 5-16-00)

Antenna: Any structure or device for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Co-location: Locating wireless communications equipment from more than one provider on one site.

Communication tower: A tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building.

Equipment shelter: A constructed or prefabricated building or other structure located on a telecommunications site designed principally to enclose equipment, switches, communications lines, and other related facilities in conjunction with telecommunications transmissions.

Service provider: A company licensed by the federal government to furnish technology.

Telecommunications: As defined in the Federal Telecommunications Act of 1996, means the transmission between or among points specified by the user's choosing, without change in the form or content of the information as sent and received.

Tower: Any ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

Notwithstanding any other provisions of this Code, height of a communication tower is the distance from the base of the tower to the top of the structure.

(Ord. No. 609, § 1, 5-16-00)

(a)

The Town of Welsh and Welsh Police Department, or designee, are hereby authorized, empowered, and directed to enforce all provisions of this article.

(b)

Any tower owner in violation of this article shall correct said violation within 30 days of receipt of written notice via certified mail. If violation is not corrected by said deadline, the tower may be removed from the property. Notice to remove shall be sent by the town.

(c)

Any person feeling aggrieved by the receipt of said notice to correct may, within ten days of receipt of this notice, file for application to appeal directly to the town. In such event, the matter will be stayed pending the disposition of the appeal.

(d)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine not to exceed $500.00, or imprisonment, not to exceed 30 days, or both, at the discretion of the court. Each act in violation of any of the provisions hereof shall be deemed a separate offense.

(e)

If the tower owner fails to remove such tower following written notice, the town may have the tower removed at the expense of the tower owner.

(Ord. No. 609, § 1, 5-16-00)

All obsolete or unused towers must be removed within six months of cessation of operation at the site. Written notification of the cessation of operation at the site shall be provided to the town by the operator of the site within 30 days of the termination of operations. The provisions of this article shall remain in effect until removal as provided in this paragraph.

(Ord. No. 609, § 1, 5-16-00)

(a)

"Light" will mean an electric device equivalent to a beacon or similar apparatus to provide sufficient illumination, from dusk to dawn, for aircraft pilots to identify the location and height of such structures.

(b)

When tower lighting is not required by the Federal Aviation Administration or other federal or state authority for a particular tower, continuously illuminated red beacons shall be installed on towers greater than or equal to 100 feet in height.

(c)

Federal restrictions shall supersede these requirements as may be required by law.

(d)

When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, dual lighting shall be employed. For the purposes of this article, and to minimize intrusion into other areas, dual lighting shall be considered as strove lighting during the daylight hours (if necessary) and red lighting at night. In no case shall lighting shine downward during nighttime hours, such lights shall be focused upward if necessary.

(e)

Any guy wires used for support of any tower shall include tana wire markers that enable aircraft pilots to identify the location of such guy wires.

(f)

On existing structures, owners, developers, contractors, and/or businesses must comply with said lighting requirements within a period not to exceed six months from the effective date of this article.

(Ord. No. 609, § 1, 5-16-00)

(a)

Walls or fences constructed of wood, brick, masonry, and chain link shall be used to secure the site and provide a barrier. All walls and fencing shall be used in conjunction with landscaping where required.

(b)

Existing mature tree growth on affected sites shall be preserved to the maximum extent possible. At the discretion of the town, additional landscaping may be required as needed.

(Ord. No. 609, § 1, 5-16-00)

All tower installations shall be certified by an engineer, registered in the state, to withstand a minimum wind load of 105 miles per hour and a maximum gust load of 200 miles per hour. The tower and any other transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TTA-222 and as amended hereafter.

(Ord. No. 609, § 1, 5-16-00)

(a)

The minimum lot size on which a communications installation is to be located shall be the minimum lot size for the zoning district, and shall be of sufficient size to contain, on site, any structural debris from tower or antennae failure.

(b)

The installations and equipment shelters which service the installation shall adhere to standard setback requirements for the affected zoning districts.

(c)

In cases where the tower site abuts a residential zoning district or use, the setback from the affected property line(s) on abutting sides shall be greater than or equal to one half of the height of the tower including all antennas and attachments. This requirement shall not apply in cases where the abutting residential use or property is owned by the service provider or lessor.

(d)

The residential setback requirement may be waived following the execution of a waiver by all adjacent property owners. This waiver must be submitted to the town by the communications company.

(Ord. No. 609, § 1, 5-16-00)

(a)

All new or upgraded communications towers shall have the capacity to permit multiple users. At a minimum, monopoles shall be able to accommodate two users, and at a minimum, transmission towers shall be able to accommodate there users.

(b)

The applicant's proposal for a new communications tower shall not be approved until documentation is provided by the applicant or service provider that the proposed facility cannot be accommodated on an existing or approved tower located within the search area due to one or more of the following reasons:

(1)

The planned equipment would exceed the structural capacity of the existing or approved towers which cannot be reinforced to accommodate the service provider's proposed facility at a reasonable cost.

(2)

The planned equipment would cause radio frequency interference with other existing or planned equipment for those towers, and the interference cannot be prevented at a reasonable cost.

(3)

Existing or approved towers do not have space on which the service provider's equipment can be placed so it can function effectively and reasonably in parity with other similar equipment in place or approved.

(4)

The existing or approved tower does not meet geographic service requirements of the applicant.

(5)

The service provider is able to show sufficient proof that co-location agreement could not be obtained.

(c)

No new tower installation shall be allowed within a 1,000-foot radius (measured from center of the tower) of an existing communications tower. No new site may be established if there is a technically suitable place available on an existing communications tower within the search area that the new tower site is to serve. For the purposes of this article, the search area is defined as the grid for the placement of the telecommunications structure.

(d)

Tower owners shall not prohibit any other service provider from co-locating on an existing tower so long as the service provider pays the tower owner reasonable compensation according to industry standards for space on the tower and pays for any and all costs. If the tower owner fails to allow co-location in this situation, the town may prohibit that owner from submitting any applications requiring approval by the town.

(Ord. No. 609, § 1, 5-16-00)

(a)

Repair or maintenance shall not be stored outside of enclosed structures on the tower site. Outdoor areas shall be kept free of debris, supplies, and/or related equipment.

(b)

When located within 150 feet of a residential zoning district or use, the facade of the equipment shelter must be constructed with brick or wood in order to blend with surrounding environment. This requirement shall not apply in cases where the residential use or property is owned by the service provider or lessor.

(c)

The residential facade requirement may be waived following the execution of a waiver by all property owners within the 150 feet. This waiver must be submitted to the town by the communication company.

(Ord. No. 609, § 1, 5-16-00)

(a)

Communication transmission towers, masts, aerials, antennas, and related communications equipment shelters are permitted in the following zoning districts: Agricultural.

(b)

In all other districts, communications towers may be permitted as an exception by the town.

(Ord. No. 609, § 1, 5-16-00)

(a)

An applicant for a permit for a tower installation shall pay a permit fee of $1.00 per linear foot of tower height in addition to the established permit fee schedule, as adopted by the town.

(b)

A co-location on an existing structure is specifically excluded from the requirements of this section, unless a new equipment shelter is planned.

(c)

In addition to submittal requirements elsewhere in this article, development applications for towers shall include the following supplemental documentation:

(1)

Identification of owners of all antennae and equipment to be located on the site;

(2)

Written authorization from site owner for application;

(3)

Copies of easements, if applicable;

(4)

Evidence that a valid Federal Communications Commission license for the proposed activity has been issued;

(5)

Documentation that the proposed tower complies with regulations administered by the FAA;

(6)

Documentation that all manufactured equipment to be installed on the structure meets or exceeds the FCC standards;

(7)

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, fences, and existing land uses on adjacent property;

(8)

A copy of typical specifications for proposed structures and antennas, including description of design characteristics and material;

(9)

A tower application form to be provided by the town; and

(10)

Any application information required by the town.

(Ord. No. 609, § 1, 5-16-00)

Once a tower installation is permitted for construction, the completion of the permitted project must occur within one year of permit issuance. Extensions may be granted at the discretion of the town.

(a)

The lawful use of any communications tower existing, at the time of enactment of this article, may be continued, although such use does not conform with the provisions of this article, excluding the lighting provisions.

(b)

No communication tower shall contain advertising or other signs. The use of any portion of a tower for other than warning or equipment information signs is prohibited.

(Ord. No. 609, § 1, 5-16-00)

(a)

Within 90 days of adoption of this article, a current map, drawn to scale, showing locations of existing towers and a tower registration form shall be submitted by all service providers to the town.

(b)

The purpose of this registration is to identify those structures which do not conform to the provisions of this article.

(c)

If the tower owner fails to register the structure, the town may prohibit that tower owner from submitting any applications requiring approval by the town.

(d)

For registration purposes, an official tower map will be kept on file by the town, as an addendum to this article.

(Ord. No. 609, § 1, 5-16-00)