A.   It is the intent of these Tower Regulations to establish permit requirements for the location of communications towers and antennas which: a) provide service for wireless telephones and internet providers; b) provide for the needs of commercial broadcasters; and c) to enhance the ability of providers of telecommunications services to deliver such services to the community effectively and efficiently. It is essential to promote public safety and preserve public and private neighborhood assets by limiting the height and location of these facilities to minimize their impact on adjacent land uses and to minimize the total number of towers and antennas within the community. Therefore, wireless telephone systems, internet providers and commercial broadcasters are encouraged to locate communications devices on existing towers and on nonresidential structures and to encourage the design and construction of towers and antennas to minimize adverse visual impacts. Other location requirements are established to serve as minimum standards for consideration during the permit review process.

   B.   The purpose of these ordinances is:

      1.   To ensure the provision of personal wireless service and internet service within the corporate boundaries of, and for the benefit of the residents of the City of Woodward;

      2.   To protect the health, safety and general welfare of the community, public environment property, and community aesthetics;

      3.   To minimize the visual impact of towers, antennas and associated buildings through design and sighting standards;

      4.   To maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community; and

      5.   To avoid danger or damage to adjacent properties from tower failure through structural standards and setback requirements or failure through neglect. (Ord. 1725, 6-20-2022)

For purposes of these Tower Regulations, the terms defined in this section have the meanings given them.

 

   A.   These ordinances shall be interpreted consistent with the provisions of the federal telecommunications act of 1934, and amended by the telecommunications act of 1996, and any amendments hereafter occurring.

   B.   These ordinances shall apply to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, sight, place, modify or construct towers and wireless telecommunications facilities within the corporate boundaries of the City of Woodward.

   C.   These ordinances reserve to the City of Woodward all authority contained in state and existing municipal ordinances regulating land used in regulation which has been preempted by the federal government pursuant to the telecommunications act as to the placement, construction, and modification of personal wireless service facilities.

   D.   These ordinances do not apply to the use or location of private residential, citizens band radio towers, amateur radio towers, and television antennas that are seventy-five feet (75') or less in height and are owned and operated by a federally licensed amateur radio station operator from the operator’s residence; or public safety communication facilities owned or operated by the City of Woodward or other public entity.

   E.   Any towers in existence at the time of adoption of these ordinances will be allowed to continue their existing usage. However, the tower must be registered with the City of Woodward, and should an additional antenna or transmitter be installed, or if the facilities are upgraded from the existing application, then the tower must meet all specifications contained herein, including permits, bonds, inspections, testing, landscaping, screening, fencing and driveway access regulations. (Ord. 1725, 6-20-2022)

   A.   No service provider, person, corporation, or firm shall construct a new or collocate on any existing communications tower or antenna facilities within the city unless they have received a permit from the city.

   B.   The permit shall be issued by the city for the purpose of granting the permission for the placement or erection of telecommunications towers and antennas shall be subject to permit regulations and standards listed in these ordinances.

   C.   Each applicant requesting a permit for a new tower location must submit the following documentation, signed and sealed by appropriate licensed professionals, with a completed application and permit fee:

      1.   Scaled site plan showing location and dimensions of all improvements including, but not limited to, the following:

         a.   Tower height.

         b.   Setbacks, access driveways and/or easements.

         c.   Parking.

         d.   Fencing.

         e.   Landscaping.

         f.   Adjacent uses.

         g.   Adjacent structures.

         h.   Adjacent zoning classifications.

         i.   Utilities.

         j.   Security.

         k.   All electrical and communications equipment.

      2.   Warranty deed with book and page or a proposed or executed lease agreement.

      3.   A complete set of construction drawings sealed by a licensed, professional engineer. If the permit application includes the construction of a tower or the placement of antennas on an existing structure, drawings must also be reviewed and sealed by a licensed, professional structural engineer.

      4.   A detailed landscaping plan shall be submitted as a part of the permit application. It shall in detail list all landscaping improvements for the site. (Ord. 1725, 6-20-2022)

   A.   New Tower General Provisions

      1.   Principal or Accessory Use: A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including, but not limited to, setback, buffer and other requirements, the dimension of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed and antennas that are installed, in accordance with the provisions of this regulation shall not be deemed to constitute the expansion of a nonconforming use or structure.

      2.   Monopole Tower Required: All towers shall be of monopole construction.

      3.   Location Requirements - Zoning Districts:

         a.   These regulations shall apply to all towers and antennas, as defined, except:

            (1)   A telecommunications facility located or collocated on property, which is owned by the City of Woodward or Woodward Municipal Authority and designated by the city as a site suitable for location of a telecommunications facility.

         b.   The following zoning districts allow the placement of towers, but placement is subject to official review by the City Code Enforcement Officer and the Board of Adjustment:

            (1)   Agricultural: District A-1.

            (2)   Commercial: Districts C-1 and C-2.

            (3)   Industrial: Districts I-1, I-2 and I-3.

            (4)   Public or government owned property.

         c.   Towers are prohibited in the following zoning districts, but the placement of alternative tower structures are subject to review by the City Code Enforcement Officer and Board of Adjustment:

            (1)   Residential: R-1, R-2, R-3, R-4 and CH.

            (2)   Commercial: C-M and C-O.

            (3)   Agricultural: A-2 and A-3.

      4.   Height Requirements:

         a.   C-1 and C-2 Districts: Maximum tower height of eighty feet (80').

         b.   All industrial districts: Maximum tower height of one hundred eighty feet (180').

         c.   Agricultural A-1 district: Maximum tower height of three hundred feet (300').

      5.   Spacing Requirements:

         a.   A site for a new telecommunications tower taller than eighty feet (80') in height shall be located a minimum distance of one-half (½) mile from another telecommunications tower, including towers located outside the corporate limits of the city.

         b.   A site for a new telecommunications tower between thirty-five (35) and eighty feet (80') in height shall be located a minimum distance of one-fourth (1/4) mile from another telecommunications tower, including towers located outside the corporate limits of the city.

         c.   Alternative tower structures are not subject to spacing requirements.

      6.   Inventory Of Existing Sites:

         a.   To facilitate the collocation of antennas, each applicant seeking to locate a new tower, alternative tower structure, or antenna shall provide to the city an inventory of its existing towers or alternative tower structures.

         b.   The inventory shall include all such structures that are within the jurisdiction of the city; within a municipality located, in whole or in part, within Woodward County; or, within one-fourth (1/4) mile of the border of the city, and shall include specific information about the location (latitude and longitude coordinates), height, design, tower type and general suitability for antenna collocation of each tower, and other pertinent information as may be required by the city. The city may share such information with other applicants for a tower permit under these regulations or other organizations seeking to locate towers or antennas within the jurisdiction of the governing authority; provided, however that by sharing such information, the city is in no way representing or warranting that such sites are available or suitable.

      7.   Design Requirements: In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the collocation of cellular telecommunication antennas according to the following:

         a.   For all towers, regardless of height, the structure and fenced compound shall be designed to accommodate at least three (3) providers.

         b.   Alternative tower structures are not subject to collocation requirements.

      8.   Availability Of Suitable Existing Collocation Structures: No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the city that no existing tower or existing alternative tower structure can accommodate the applicant’s proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one or more of the following:

         a.   That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area required to meet the applicant’s engineering requirements.

         b.   That existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.

         c.   That existing towers or structures do not have sufficient structural strength to support the applicant’s antenna and related equipment.

         d.   That the applicant’s proposed antenna(s) would cause interference with the antenna(s) 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.   That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

         f.   That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

      9.   Aesthetics: The guidelines set forth in this section shall govern the design and construction of all towers, and the installation of all antennas, governed by this regulation.

         a.   Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, may be painted a neutral color so as to reduce visual obtrusiveness.

         b.   At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding environment.

         c.   For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive and shall be compatible with the surrounding environment.

         d.   Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

         e.   No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure.

         f.   Access and driveway designs shall be reviewed on site specific basis and shall be consistent with surrounding zoning regulations or adjacent land uses. Within some land uses such as parks or other aesthetically sensitive areas, no permanent drive or access road may be permissible unless approved during the review process.

      10.   Setbacks And Separation: The following setbacks and separation requirements shall apply to towers:

         a.   Any tower which abuts a residential zoned district, the tower minimum setback shall be a distance equal to two (2) times the height of the tower from its base to any structure or property line of the lot or parcel containing the tower.

         b.   In A-1 Districts tower minimum setbacks shall be a distance equal to one and one-half (1 1/2) the height of the tower from its base to any structure or property line of the lot or parcel containing the tower.

         c.   In any industrial or commercial districts setbacks, screening and buffer requirements shall comply with those specified in the official site plan provided in the permit application which are subject to review and approval by the Code Enforcement Officer and Board of Adjustment; and may be subject to the minimum setback, screening and buffer requirements of adjoining zoning districts.

         d.   Accessory buildings and facilities shall meet the minimum building setback requirements as set forth in the zoning regulations.

         e.   All tower sites shall observe a minimum setback of thirty-five feet (35') from the boundary fence to any abutting street right of way.

      11.   Security Fencing/Anticlimbing Devices: All towers and supporting equipment shall be enclosed by fencing not less than six feet (6') in height and shall be equipped with appropriate anticlimbing devices. Fencing shall be of chain-link, wood or other approved alternative and shall be properly maintained at all times.

      12.   Landscaping: The following requirements shall govern all towers:

         a.   Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials, which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten feet (10') in width and located outside the fenced perimeter of the compound.

         b.   Existing tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide adequate visual screening, an undisturbed buffer may be utilized.

         c.   If approved under review, a well-maintained wood stockade fence not less than six feet (6') in height may be used as a substitute for landscaping in certain districts.

         d.   The landowner is responsible for all landscaping requirements and is responsible for the maintenance and upkeep of landscaping, screening and fencing.

      13.   Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government 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 regulation shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency.

      14.   Change Of Ownership Notification: Upon the transfer of ownership of any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the city of the transaction in writing within ninety (90) days.

   B.   Modifications to Towers: Other than the routine maintenance or replacement of existing equipment, a permit is required prior to the installation of additional antennas or additional wireless communications control equipment to any existing communications tower or alternative tower structure.

      1.   Modification Plans: Each applicant requesting a communication site modification permit must submit the following documentation showing location and dimensions of all improvements including, but not limited to, the following:

         a.   A complete set of construction drawings, sealed by a licensed, professional engineer, showing all work to be performed on the site. If permit includes the placement of additional equipment or antennas on an existing structure, drawings must also be reviewed and sealed by a licensed, professional structural engineer.

      2.   Landscaping: If a preexisting tower location requests a communication site modification permit, it may be required to bring the site up to current fencing and landscaping requirements.

      3.   Administrative Review and Approval: The city manager may administratively approve communication site modification permits, or may at his discretion forward the application for review and approval by the City Code Enforcement Officer. (Ord. 1725, 6-20-2022)

   A.   No service provider, person, corporation, or firm shall construct or collocate on any existing tower structure without a collocation permit.

   B.   Each applicant requesting a permit to collocate on an existing tower or alternative tower structure must submit the following documentation signed and sealed by appropriate licensed professionals, a completed application and permit fee:

      1.   Scaled site plan showing location and dimensions of all improvements including, but not limited to, the following:

         a.   Tower height after collocation.

         b.   All electrical and communications equipment be added.

         c.   A proposed or executed lease agreement with tower owner.

         d.   A complete set of construction drawings sealed by a licensed, professional engineer. If permit includes the placement of equipment or antennas on an existing tower structure, drawings must also be reviewed and sealed by a licensed, professional structural engineer.

      2.   Collocations upon an existing tower structure may be approved if:

         a.   Installation of an antenna on a preexisting tower, including the placement of additional buildings or other supporting equipment used in connection with said antenna, does not add more than twenty feet (20') to the height of said existing tower, or exceed maximum height limits within the zoning district.

         b.   Installation of an antenna or any alternative tower structure, including the placement of additional buildings or other supporting equipment used in connection with said antenna, does not add more than twenty feet (20') to the height of the existing alternative tower structure, or exceed maximum height limits within the zoning district. (Ord. 1725, 6-20-2022)

Upon approval of any tower permit, all applicants are subject to all other applicable permits and fees associated with the installation, construction or maintenance of any tower site. (Ord. 1725, 6-20-2022)

   A.   Any tower that is not operated or used for a continuous period of twelve (12) consecutive months shall be considered abandoned and the owner of the tower shall be required, at the owner’s expense, to remove the tower and all associated buildings, power supply, fencing, and other items associated with, and permitted with, the tower. If the tower is not removed within ninety (90) days, the bond secured by the tower owner shall be used to remove the tower and any accessory equipment and structures. If the tower was in place prior to adoption of these ordinances, and the tower owner has not yet obtained the bond to remove the tower, and fails to remove the tower within ninety (90) days, the tower owner shall be subject to a fine for each month the tower remains in place and shall be subject to an action in Woodward County District Court for injunctive relief to remove the tower and the tower owner shall be responsible for all costs, including attorney’s fees, for securing the removal.

   B.   When an application for a permit to erect a new tower is filed, the applicant must obtain an estimate of the costs of removal of the tower from a company acceptable to the City of Woodward and experienced in the removal of towers and shall provide the estimate to the city along with the permit application. Once the application is approved, the applicant shall obtain a bond, valid for a minimum of three (3) years, and in an amount equal to or exceeding the estimate of the cost of removal. The bond must be provided to the city within thirty (30) days of approval of the application, but prior to any construction beginning. Bond renewals must be provided to the city at least ninety (90) days prior to the expiration of the current bond. A separate bond shall be required for each tower. (Ord. 1725, 6-20-2022)

The City of Woodward may at any time inspect any tower, antenna or other facility to ensure its structural integrity. If the city determines that the facility fails to comply with any applicable codes or standards and that such failure constitutes a danger to persons or property, the owner shall receive written notice that they have sixty (60) days to bring the facility into compliance with the applicable codes and standards. Failure to bring the facility into compliance within sixty (60) days shall constitute cause for the removal of the structure or facility at the owner’s expense. (Ord. 1725, 6-20-2022)

All new or existing telecommunications services shall comply with all relevant federal communications commission (FCC) and federal aviation administration (FAA) standards and shall not interfere with public safety and other city and private communication operations. (Ord. 1725, 6-20-2022)

The property owner and cell tower owner must hold harmless the City of Woodward for any action, including attorney fees, which may arise from the installation or operation of cell tower. (Ord. 1725, 6-20-2022)

   A.   A violation of these cellular tower provisions shall be punishable by a fine as provided in a schedule of fines to be maintained by the City of Woodward.

   B.   In addition to fines provided above, these ordinances may be enforced by injunctive relief sought in the Woodward County District Court. (Ord. 1725, 6-20-2022)