25-13
Extracted standards
35 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Design
- Finish and maintenance
Telecommunications towers shall be of a galvanized finish, or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings as approved by the board of supervisors, and shall be maintained in accordance with the requirements of this ordinance.
- Stealth technology required
Both the wireless telecommunications facility and any accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth or concealment
Environmental
- Annual NIER certification
The holder of the special exception shall, annually, certify in writing to the county that NIER levels at the site are within the threshold levels adopted by the FCC.
- Least adverse visual effect
All wireless telecommunications facilities shall demonstrate that the facility is sited so as to have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunications facilities sites.
- NIER levels within FCC thresholds
Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC.
Height
- Maximum heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. (no artificial lighting)
The maximum height of any telecommunications tower and attached antennas constructed after the effective date of this ordinance shall not exceed that which shall permit operation without artificial lighting of any kind, in accordance with county, state, and/or any federal statute, law, local law, ordinance, code, rule or regulation.
- Minimum heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. required
Telecommunications towers shall be no higher than the minimum height necessary unless waived by the board of supervisors.
Lighting
- Lighting restrictions
Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by federal regulation or this ordinance.
Other
- Abandonment removal timeline90 days
Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days
- Access road, turn around space, and parking required
At a telecommunications site, an access road, turn around space, and parking shall be provided to assure adequate emergency and service access.
- Application fee (collocation, no heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. increase)2,000 dollars
If the application is for a special exception for collocating on an existing telecommunications tower or high structure, where no increase in height of the tower or structure is required, the non-refundable fee shall be $2,000.00.
- Application fee (new tower)5,000 dollars
At the time that a person submits an application for a special exception for a new telecommunications tower, such person shall pay a non-refundable application fee of $5,000.00 to the county.
- Balloon test required
Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three foot diameter brightly colored balloon at the maximum height of the proposed new tower.
- Compliance with federal rules
the holder of such a special exception shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC.
- Conform to changed federal rules24 months
the holder of such a special exception shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
- Initial escrow deposit8,500 dollars
The initial deposit shall be $8,500.00.
- Escrow replenishment threshold2,500 dollars
If at any time during the process this escrow account has a balance less than $2,500.00, the applicant shall immediately, upon notification by the county, replenish said escrow account so that it has a balance of at least $5,000.00.
- Future shared use capacity5 additional antenna arrays
The telecommunications tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference.
- Grounding and surge protection required
The applicant shall furnish written certification that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
- Imminent danger correction timeline24 hours
if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the zoning administrator may, at his/her sole discretion, order the violation remedied within 24 hours.
- Letter of intent for shared use
The applicant shall submit to the board of supervisors a letter of intent committing the owner of the proposed new tower, and its successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future.
- Liability insurance required
A holder of a special exception for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special exception in amounts as set forth below: a. Commercial general liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate; b. Automobile coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate; c. Workers compensation and disability: Statutory amounts.
- Lighting analysis required
The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation Part 77.
- Performance bond required75,000 dollars
The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall at its cost and expense, be jointly required to execute and file with the county a bond, or other form of security acceptable to the county as to type of security and the form and manner of execution, in an amount of at least $75,000.00
- Recertification timeline
At any time between 12 months and six months prior to the five-year anniversary date after the effective date of the special exception and all subsequent fifth anniversaries of the effective date of the original special exception for wireless telecommunications facilities, the holder of a special exception for such wireless telecommunication facilities shall submit a signed written request to the board of supervisors for recertification.
- Removal timeline after notice90 days
The holder of the special exception, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the county.
- Response time to shared-use request60 days
Respond within 60 days to a request for information from a potential shared-use applicant
- Screening required
The applicant shall, in a manner approved by the board of supervisors, demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed wireless telecommunications facilities base and all related facilities and structures.
- Security requirements
All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.
- SetbackSetbackThe distance a building must be held back from a lot line. from abutting parcels, rights-of-way, and road/street lines
set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the wireless telecommunications facility or the existing setback requirements of the underlying zoning district, whichever are greater.
- Structural load certification
The applicant shall furnish written certification that the telecommunication facility, foundation and attachments are designed and will be constructed to meet all county, commonwealth and federal structural requirements for loads, including wind and ice loads.
- Utilities underground
All utilities at a wireless telecommunications facility site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the county.
- Violation correction timeline7 days
Such notice shall specify the nature of the violation or non-compliance and that the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier.
Signage
- Maximum sign area4 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Wireless telecommunications facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities.
- Other signage prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.
No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures or antenna towers, unless required by ordinance.
From the ordinance
All proposed wireless telecommunications facilities shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the wireless telecommunications facility or the existing setback requirements of the underlying zoning district, whichever are greater.