HomeMy WebLinkAboutORDINANCE NO. 09-12-55ORDINANCE NO. 09-12-55
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 54, WIRELESS
TELECOMMUNICATIONS FACILITIES. AND PROVIDING FOR INCLUSION AND
IDENTIFICATION IN THE CODE OF ORDINANCES FOR THE CITY OF MILTON,
GEORGIA TO BE REFERENCED IN THE FUTURE AS CHAPTER (WIRELESS
TELECOMMUNICATIONS FACILITIES) AS ATTACHED HERETO AND
INCORPORATED HEREIN
WHEREAS, The Milton City Council directed staff to evaluate a telecommunications ordinance for
the city which would minimize the visual impact of proposed vertical telecommunications tower
structures ; and
WHEREAS, and employ modern-day technological advances to integrate these federally regulated
communications facilities within the rural context of the municipality, as appropriate.
The Council of the City of Milton hereby ordains while in regular session on the 7'h day of
December, 2009 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relating to wireless telecommunications facilities is hereby
adopted and approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 54 of the Code of Ordinances
of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective December 7, 2009.
ORDAINED this the 7th day of December, 2009.
Attest:
44A4A--O�
Jeane a R. Marchiafava, City Clerk
(Seal)
Page 1 of 1
Approved:
Joe Lockw d ayor
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CHAPTER 54: AN ORDINANCE REGULATING THE LOCATION, PLACEMENT AND
+91W LEASING OF WIRELESS TELECOMMUNICATIONS FACILITIES
Section 1: Purpose and Intent.
The purpose of this Ordinance is to establish guidelines for the siting of all wireless
communications towers and antennas which will encourage the development of wireless
communications while protecting the health, safety, and welfare of the public and maintaining
the aesthetic integrity of the community. The goals of this ordinance are:
(a) To protect residential areas and land uses from potential adverse impact of
telecommunications towers, antenna support structures and wireless communications facilities;
(b) To minimize the total number of towers and antennas within the community necessary to
provide adequate personal wireless services to residents of Milton;
(c) To locate telecommunications towers and antennas in areas where adverse impacts on the
community are minimized;
(d) To encourage the design and construction of towers and antennas to minimize adverse
visual impacts;
(e) To avoid potential damage to property caused by wireless communications facilities by
`' insuring that such structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no longer used or when determined to be structurally unsound;
(f) To preserve those areas of significant scenic or historic merit;
(g) To facilitate implementation of a master siting Plan for the City of Milton;
(h) To promote and encourage the joint use of new and existing tower sites among service
providers;
(i) To enhance the ability of the providers of wireless communications services to deliver
such services to the community effectively and efficiently.
0) To supersede article 19.4.7 and 19.3.1 of the City of Milton Zoning Ordinance.
0) To be consistent with all overlay districts within the City, to the extent practicable and to
the extent not to conflict with this Ordinance.
Section 2: Severability
If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or
any application thereof to any person or circumstance is declared void, unconstitutional, or
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invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other
portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of
this Ordinance, and all applications thereof, not having been declared void, unconstitutional, or
invalid, shall remain in full force and effect.
Section 3: Definitions
For the purposes of this Ordinance, and where not inconsistent with the context of a particular
section, the defined terms, phrases, words, abbreviations, and their derivations shall have the
meaning given in this section. When not inconsistent with the context, words in the present tense
include the future tense, words used in the plural number include words in the singular number,
and words in the singular number include the plural number. The word "shall" is always
mandatory, and not merely directory.
As used in this Ordinance, the following terms shall have the meanings ascribed below:
Abandonment - The intent to abandon or discontinue operations as evidenced by voluntary
conduct such as written notice to the City to stop using the facility or failure to use a wireless
telecommunications facility for a period of six months or more.
Accessory Facility or Structure - Means an accessory facility or structure serving or being used
in conjunction with the wireless telecommunications facilities, and located on the same property
or lot as the wireless telecommunications facilities, including but not limited to: utility or
transmission equipment storage equipment storage sheds or cabinets.
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.
Alternative tower structure - Means man-made trees, clock towers, bell steeples, light poles
and similar alternative -design structures, that in the opinion of the City Council, are compatible
with the natural setting and surrounding structures, and effectively camouflage or conceal the
presence of antennas or towers.
Antenna - Means a system of electrical conductors that transmit and/or receive electromagnetic
waves or radio frequency or other wireless signals. Such shall include, but not be limited to
radio, television, cellular, paging, Personal Telecommunications Services (PSC), microwave
telecommunications and services not licensed by the FCC, but not expressly exempt from the
City's siting, building and permitting authority.
Antenna Array - means a single set or group of antennas and their associated mounting
hardware, transmission lines or other appurtenances which share a common attachment device
such as a mounting frame or mounting support.
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Applicant - means a person or entity submitting an application for a wireless
'` telecommunications facility, including the property owner, antenna support structure owner, and
any proposed tenants for the facility.
6"60
Attached Wireless Telecommunications Facility - means an antenna or antenna array that is
secured to an existing building or structure (except an antenna support structure) with any
accompanying pole or device which attaches it to the building or structure, together with
transmission cables, and an equipment cabinet, which may be located either on the roof or
inside/outside of the building or structure. An attached wireless telecommunications facility is
considered to be an accessory use to the existing principal use on a site.
Co -location - means a situation in which two or more wireless personal service providers place
a wireless telecommunications antenna or antennas and feed lines on a common antenna support
structure or other structure on which there is an existing antenna array.
Concealed - means a wireless telecommunications facility that is disguised, hidden, part of an
existing or proposed structure or placed within an existing or proposed structure, to include
antennas, ancillary structures, and utilities.
Directional antenna - means an antenna or array of antennas designed to concentrate a radio
signal in a particular area.
... Effective radio power (ERP) - The product of the antenna power input and the numerically
equal antenna power gain.
FAA - means the Federal Aviation Administration.
FCC - means the Federal Communications Commission.
Guy tower - means a tower supported, in whole or in part, by guy wires and ground anchors.
Height - See Structure Height
Historic Structures - Structures in Milton which have been formally designated as a Historic
Structure as designated by the City Historic Preservation Commission or Georgia Historic
Preservation Division of the Department of Natural Resources or the United States Department
of the Interior; have sufficient historic merit as determined by the City Council and the Historic
Preservation Commission so as to require preservation.
Lattice tower - means a guyed or self-supporting, open frame structure that has three or four
sides used to support telecommunications equipment.
Low power mobile radio service telecommunications facility - means an unmanned facility
which consists of equipment for the reception, switching and transmission of low power mobile
radio service communications. Such facilities may be elevated, either building -mounted or
ground mounted; transmitting and receiving antennas; low power mobile radio service base
equipment; or interconnection equipment. The facility types include: roof and/or building
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mounted facilities, freestanding low power mobile radio service facilities, and micro -cell or
repeater facilities.
Amos Low power telecommunications facility - means an unmanned facility consisting of equipment
for the reception, switching and/or receiving of wireless telecommunications operating at 1,000
watts or less effective radiated power (ERP), including but limited to the following:
a. Point-to-point microwave signals.
b. Signals through FM radio transmitters.
c. Signals through FM radio boosters under 10 watts ERP.
d. Cellular, Enhanced Specialized Mobile Radio (ESMR), paging services and
Personal Communications Networks (PCN).
e. Private, low power mobile radio services which include industrial, land
transportation, emergency public safety and government, automatic vehicle
monitoring, personal mobile (CB's) and HAM operators.
Low power telecommunications facility accessory building - means an unmanned building used
to house equipment related to a communications facility.
Low power commercial radio mobile network - means a system of low power commercial
telecommunications facilities which allows wireless conversation to occur from site to site.
Master Siting Plan - refers to the siting map developed by staff and approved by City Council
to identify appropriate sites for the location of wireless transmission facilities as may be
amended from time to time. Such map may be derived from propriety information submitted by
wireless providers. (See Map 1)
Micro -cell - means a low power mobile radio service telecommunications facility used to
provide increased capacity in high call -demand areas or to improve coverage to weak areas.
Micro -cells communicate with the primary low power mobile radio service facility in a coverage
area via fiber optic cable or microwave. The typical coverage area for a micro -cell is a one -mile
radius or less.
Microwave antenna - means a dish -like antenna used to link communications sites by wireless
transmission of voice or data.
Monopole - means a cylindrical self-supporting i.e. not supported by guy wires,
communications tower constructed of a single spire, used to support telecommunications
equipment.
Omni -directional antenna - means an antenna that is equally effective in all directions, the size
of which varies depending on the frequency and gain for which it is designed.
Planning and Zoning - See Community Development.
PON Planning Commission - means the City of Milton Planning Commission.
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Preexisting Towers and Preexisting Antennae mean any tower or antenna for which a building
permit or special use permit has been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
Repeater - means a low power mobile radio service telecommunications facility used to extend
coverage of cell areas to areas not covered by the originating facility.
Roof andlor building -mounted telecommunications facility - means a low power mobile radio
service telecommunications facility in which antennas are supported entirely by a building other
than a building accessory to a telecommunications facility. Such facilities may include micro -cell
and/or repeater facilities.
Scenic View - A wide angle or panoramic field of sight that may include natural and/or manmade
structures and activities. A scenic view may be from a stationary viewpoint or be seen as one
travels along a roadway, waterway, or path. A view may be to a far away object, such as a
mountain, or a nearby object.
Screening - The use of design, existing buildings and structures, existing buffers and proposed
vegetation and color to obscure a wireless telecommunications facility.
Separation - The vertical distance between one carrier's antenna array and the antenna array of
another carrier.
Sectorized panel antennas - means an array of antennas, usually rectangular in shape, used to
transmit and receive telecommunications signals.
Siting - The method and form of placement of a wireless telecommunications facility on a
specific area of a property.
Stealth Technology Installation - A telecommunications facility or wireless
telecommunications facility that, when installed at or on an existing structure, does not
significantly change the profile of the existing structure and is not readily noticeable to the
untrained eye.
EXAMPLES OF STEALTH TECHNOLOGY
Flagpole
Silo
Pine Tree
Structure Height - means the distance measured vertically from the average ground elevation
adjacent to the structure being measured to the highest point when positioned for operation. The
height of a tower includes the height of any antenna positioned for operation attached to the
highest point on the tower.
Technically Feasible and Viable means capable of being provided through technology which
has been demonstrated in actual applications (not simply through tests or experiments) to operate
in a workable manner:
Telecommunications Facility - means a telecommunications tower, monopole tower, antenna
or any and all buildings, structures, or other supporting equipment used in connection with a
telecommunications tower, monopole tower, or antenna.
Monopole Self -Supporting guyed
a
g
b. }
� s
x
106-200 feet tall 100-400 feet tall 100-2,150 feet tate
Source: www.cdc.gov/niosh
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Tower - means any structure designed primarily for the purpose of supporting one or more
antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of electronic communication, including self-
supporting lattice towers, guy towers or monopole towers constructed as a free-standing structure
or in association with a building or other permanent structure. Towers include radio and
television transmission towers, microwave towers, common -carrier towers, cellular and digital
telephone towers, alternative tower structures, and the like.
Whip antenna - means an antenna that is cylindrical in shape. Whip antennas can be directional
or omni -directional; size varies with the frequency and gain for which they are designed.
Wireless Service Provider- Any private or public entity engaged in the transfer of information
over a distance without the use of electrical conductors.
Wireless Telecommunications Facility (WTF) - A staffed or unstaffed commercial facility for
the transmission and/or reception of radio frequency signals, or other wireless communications,
and usually consisting of an antenna or groups of antennas, transmission cables and equipment
enclosures, and may include an antenna support structure. The following non-exclusive list shall
be considered a wireless telecommunications facility: new and existing antenna support
structures, replacement antenna support structures, collocations on existing antenna support
structures, attached wireless telecommunications facilities and concealed wireless
telecommunications facilities. Also see Telecommunications Facility
WTF - See Wireless Telecommunications Facility.
Section 4: Applicability.
All new wireless towers and antennas shall be subject to the regulations contained within this
article except as provided in subsections a -c, inclusive:
(a) Public Property. Nothing in this article shall be read to prohibit a government owned tower
from being located at a specific site when the tower is required to protect the public welfare or
safety.
(b) Amateur Radio; Receive -Only Antennas. This ordinance shall not govern any amateur
radio tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned
and operated by a federally -licensed amateur radio station operator or is used exclusively for
receive only antennas.
(c) _Pre -Existing Towers and Antennas. Any tower or antenna for which a permit has been
properly issued prior to the effective date of this ordinance shall not be required to meet the
provisions of this ordinance, other than the requirements of Section 7. Any such towers or
antennae shall be referred to in this ordinance as "preexisting towers" or "preexisting antennae."
However, in the event a preexisting tower or antennae ceases to function, then the subject tower,
antennae and related equipment shall be removed from the subject property within ninety (90)
days.
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°— Section 5: General Requirements.
Oftwo (a) An application shall be required for the construction or placement of all new wireless
transmission facilities and new co -location facilities, antennas or towers within the City limits.
Approval of any application for the construction of a tower or placement of an antenna shall be
based on consideration of the following factors:
(1) Proximity to residential structures and residential district boundaries;
(2) The proposed height of the tower;
(3) Nature of uses on adjacent properties;
(4) Surrounding topography, tree coverage and foliage;
(5) Design of the facility, with particular reference to design characteristics which
have the effect of reducing or eliminating visual obtrusiveness;
(6) Proposed ingress and egress;
(7) Availability of suitable existing towers, other structures, or alternative/emerging
technologies (microcells) not requiring the use of towers or structures.
(8) Demonstrated need for the telecommunications facility at the specified site.
(9) Utilization of the City of Milton Master Siting Plan, as amended.
(b) All applications submitted to the Community Development Department shall include a
complete inventory of the applicant's existing wireless transmission facilities including towers
and receivers/transmitters located within the City of Milton or a one-half mile radius surrounding
the city limits, including each asset's location (plane coordinates), height and co -location usage
or capabilities, and any special design features. The City shall utilize such information, subject
to any restrictions on disclosure requested by the applicant, to promote co -location alternatives
for other applicants.
(c) At the time of filing the application for construction or placement of a wireless transmission
facility or antenna, the applicant shall provide a site plan and information regarding tower or
accessory structure location, neighboring uses and proposed landscaping as described below.
Additional documentation to be submitted with the site plan and certified by an experienced
radio frequency engineer shall delineate coverage and propagation zones, identify type of
antenna and mounting location, specify type of band currently in use, and state co -location
capabilities.
(1) The scaled site plan shall clearly indicate the location, type and height of the
proposed tower or accessory structure to be utilized, on-site land uses and zoning,
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adjacent land uses and zoning including proximity to historic or scenic view
corridors, adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower, accessory structure and any other
structures, topography, parking, and other information deemed necessary by the
Community Development Director to assess compliance with this ordinance.
(2) Legal description of the parent tract and leased parcel (if applicable).
(3) A study including a definition of the area of coverage and radio frequency goals
to be served by the antenna or tower and the extent to which such antenna or
tower is needed for coverage and/or capacity. A professional engineer stamp
shall also be required for the study.
(4) The setback distance between the proposed wireless transmission facility and the
nearest residential unit or residentially used structure.
(5) Structural integrity analysis where antennas and equipment will be attached to an
existing structure
(6) Landscaping shall be designed in such a way as to preserve existing mature
growth and to provide in the determination of the City Design Review Board, a
suitable buffer of plant materials that mitigates the view of the
telecommunications facility and accessory structures from surrounding property
within 90 days.
(d) Each application shall be accompanied by a fee of one thousand dollars ($1000.00) to
offset the costs associated with processing such application. In addition, applicants shall be
responsible for independent engineering costs incurred by the City which exceed such fee up to
an additional two thousand dollars ($2,000.00), if requested by the City. The applicant shall be
responsible for additional fees throughout the process as described further within this ordinance.
All fees are subject to change as amended by the Mayor and City Council by resolution.
(e) Landscaping plans and the design and placement of the wireless transmission facility on an
approved site shall require review and approval of the City Design Review Board prior to
issuance of a building permit to insure architectural and aesthetic compatibility with the
surrounding area within 90 days.
(f) Prior to issuance of a building permit, compliance with Section 106 of the National Historic
Preservation Act, 16 U.S.C. § 461 et. seq. shall be demonstrated. (See Appendix 1)
(g) In approving any application, the Director of Community Development, City Design
Review Board, Planning Commission or Council may impose additional conditions to the extent
determined necessary to minimize adverse effects on adjoining properties.
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Section 6: Development Requirements for Towers.
(a) Towers may be located only in the following zoning districts subject to the restrictions and
standards contained herein:
O -I Office and Institutional District
C-1 or C-2 Commercial District
M-1, M-2 or M -IA Industrial District
AG -1 Agricultural District
A or AL Apartment District or Apartments Limited
(b) No new wireless transmission facilities shall be located within 2,500 feet of any
preexisting wireless transmission site unless such new facility is concealed through use of
alternative tower structures or is otherwise camouflaged, and a concurrent variance is granted by
the City of Milton Mayor and City Council.
(c) All applicants seeking to erect a tower must demonstrate that no existing tower or structure
can accommodate the proposed antenna(s). Evidence of an engineering nature shall be
documented by the submission of a certification by an engineer. Such evidence may consist of
the following:
1. No existing towers or structures are located within the geographic area required to
meet applicant's engineering requirements.
2. No existing structure is of sufficient height to meet the applicant's engineering
requirements.
3. No existing tower or structure has sufficient structural strength to support
applicant's proposed antenna(s) and related equipment.
4. Applicant's proposed antenna(s) would cause electromagnetic interference with
the antenna(s) on the existing tower or structure.
5. Such other limiting factor(s) as may be demonstrated by the applicant and verified
by an engineer of the City's choosing.
(d) Setbacks: Setbacks for towers and above -ground transmission facilities shall be as
follows:
1. All transmission facilities, except buried portions, shall be set back from all
adjoining properties zoned non-residential a distance equal to the underlying
setback requirement in the applicable zoning district.
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2. When a tower is adjacent to a residential use or residential zoning, the tower and
'"� entire transmission facility must be set back from the nearest residential lot line a
distance equal to the height of the tower.
(e) Unless otherwise specified by Community Development Staff and the City Design Review
Board, towers and above ground equipment shelters shall be enclosed by a black vinyl clad chain
link security fencing not less than 6 feet in height and shall be equipped with an appropriate anti -
climbing device. Said fencing shall be surrounded by a minimum 20 -foot wide landscape strip
planted to buffer standards unless the City of Milton Arborist determines that existing plant
materials are adequate.
(f) All new towers in excess of 100 feet which do not incorporate alternative design features
must be designed and built in a manner that allows other entities to co -locate on the structure
using the following guidelines:
MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS
Zoning District
Two Users Three Users ;Four
Users
10-I
120' 150' £ 1.50,
C 1/C 2/M 1/M-lA/
;120' 150' 150'
JM-2/A/AL/AG-1
(g) All towers and their related structures shall maximize the use of building materials, colors,
textures, screening and landscaping that, in the opinion of the City Design Review Board and
Community Development Staff, effectively blend the tower facilities within the surrounding
natural setting and built environment. Where appropriate, towers shall be painted so as to reduce
their visual obtrusiveness, subject to any applicable standards of the Federal Aviation
Administration (FAA).
(h) Roof top antennas and associated structures shall not project more than 10 feet above roof
lines.
(i) The structure shall comply with applicable state and local statutes and ordinances,
including, but not limited to, building and safety codes. Structures which have become unsafe or
dilapidated shall be repaired or removed pursuant to applicable state and local statutes and
ordinances.
0) Facilities shall not be artificially lighted except to assure human safety or as required by the
Federal Aviation Administration (FAA).
(k) Structures shall be designed and constructed to ensure that the structural failure or collapse
of the tower will not create a safety hazard to adjoining properties, according to applicable
Federal Standards which may be amended from time to time.
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'wwl" (1) Structures shall not be used for advertising purposes and shall not contain any signs for the
purpose of advertising.
(m) A telecommunication facility that ceases operation for a period of 12 consecutive months
shall be determined to have terminated and shall be removed within 90 days of termination at the
property owner's expense. It shall be the duty of both the property owner and the tower owner to
notify the city in writing of any intent to abandon the use of the tower.
(n) Communication facilities shall not be located in 100 -year flood plain or delineated
wetlands.
(o) All guy wires must be anchored on site and outside of right-of-way and outside minimum
building setback.
(p) Structures not requiring FAA painting/marking shall have either a galvanized finish or be
painted a dull blue, green, gray, or black finish.
(q) Protection of scenic views. The Mayor and City Council and the City Design Review
Board shall determine the likely visual impact of any proposed telecommunications facility or
tower and may require balloon tests, photographs, simulations, and any other necessary, helpful
and relevant information. Based on the information presented, the above mentioned entities may
designate an alternative location for the facility or tower or may request a redesign in order to
minimize the visual impact on the scenic character and beauty of the area. In determining
whether or not a facility or tower would have an undue adverse visual impact and when setting
conditions in the permit, they shall consider:
1. The period of time during which it would be viewed by persons traveling on
roads and/or highways;
2. The frequency with which persons traveling on roads and/or highways will view
the facility;
3. The degree to which it will be screened by existing vegetation, the topography
of the land, and existing structures;
4. Background features that will either obscure it or make it more conspicuous;
5. Its distance from key vantage points and the proportion of it which will be
visible above the skyline or tree line;
6. The number of members of the traveling public or residents who will be affected
by the alteration of the scenic character and beauty of the area;
7. The sensitivity or unique value of the particular view affected by it; and
8. Significant disruption of a viewshed that provides context to a historic structure
or scenic view.
Section 7: Approval Process.
(a) Subject to certification by the Director of Community Development of compliance with the
"" general requirements and standards enumerated herein and with the consent of Council, the
wowfollowing uses are subject to expedited approval, which shall be defined as approval within sixty
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(60) days of receiving applications, supporting engineering certifications and lease approval, if
any, without the necessity of public hearing:
1. Installing an antenna on an existing structure, so long as said installation is
considered to be a stealth technology installation that does not significantly
change the profile of the existing structure and so that the installation is not
readily noticeable to the untrained eye. Such installations including cables
leading to the antennas shall be painted to match the paint and colors on the
existing structure and shall not protrude from the existing structure in a noticeable
fashion.
2. Co -location by installing an antenna on any existing tower or alternative tower
structure.
3. Replacing an existing tower with a new tower designed to accommodate two or
more users so long as such new tower does not exceed the height limitations of
section 5 (f) above and setback requirements of this ordinance are met. After the
replacement tower is built, only one tower shall remain on such site. Support
equipment shall, where technically feasible, be located underground.
5. Locating any alternative tower structures provided accessory structures are
located underground, where technically feasible, or otherwise incorporated into
the alternative structure.
If the City Council determines that any application does not meet the general
application requirements, development requirements and/or standards enumerated
herein, or such application conflicts with the Master Siting Plan, approval of the
application shall be denied provided substantial evidence exists to support such
denial. Any aggrieved party may appeal the denial to the Fulton County Superior
Court. For purposes of this section, an aggrieved party is one who demonstrates
that his or her property will suffer special damage as a result of the decision
complained of rather than merely some damage that is common to all property
owners and citizens similarly situated.
(b) If the proposed tower or antenna is not included under the above described expedited
approval uses, or the application does not on its face satisfy the development standards and other
criteria specified herein, then a public hearing before the Mayor and Council and Planning
Commission shall be required for the approval of the construction of a wireless transmission
facility in all zoning districts.
Applicants shall apply for two (2)public hearings one before the Planning Commission
and the Mayor and City Council through the Community Development Department and pay the
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required one thousand dollar ($1,000.00) fee at such time. The applications shall also go before
the City Design Review Board for its review prior to the Planning Commission
meeting. Applications, when complete, shall be placed on the next available agenda of the
'� �' Planning Commission and Mayor and Council at which zoning matters are considered. At least
thirty (30) days prior to any scheduled hearing, the Community Development Department shall
cause a sign to be posted on the property and the publication of a public notice in a newspaper of
general circulation. Said notice shall state the nature of the application, street location of the
proposal and height of the proposed structure.
Before approving an application, the governing authority may impose conditions to the
extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on
adjoining properties. The factors considered in granting such a permit include those enumerated
in Sections 4 and 5 above. The Mayor and Council may waive one or more of these criteria, if,
in their discretion doing so will advance the goals of this article as stated in Section 2 above.
Approved applications shall be valid for one (1) year from the date of the approval by the Mayor
and Council.
Section 8: Maintenance of Facilities.
(a) All wireless transmission facilities and related landscaping shall be maintained by the
facility owner in good condition, order, and repair so that they shall not endanger the life or
property of any person, nor shall they be a blight upon the property as determined by the
Community Development Director.
(b) All maintenance or construction on wireless transmission facilities shall be performed by
persons employed by or under contract to the owner between the hours of 8:30 a.m. and 5:30
p.m. Monday through Friday except in cases of emergency or when an after-hours permit is
obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on City owned
property shall be determined on a case-by-case basis by the department responsible for such
property. The hours of access to City sites shall not exceed those specified above. Persons may
not be present on site unless performing construction or maintenance at such site.
(c) The owner or user of any telecommunications facility shall be required to submit a
"Facility in Use Certification" annually to the Community Development Department. Any
antenna or tower that is not operated for a continuous period of twelve (12) months or is not
properly maintained shall be considered abandoned, and the owner of such antenna or tower
shall remove same and any structures housing supporting equipment within ninety (90) days of
receipt of notice from the governing authority of such abandonment. If such antenna or tower is
not removed or returned to good condition within said ninety (90) days, the governing authority
may remove such antenna or tower at the .owner's expense and a lien shall be placed upon the
property.
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Section 9: Waiver of Requirements.
No exception, waiver or variance to the conditions and requirements contained herein shall be
'r" granted unless expressly provided for in this ordinance, or the Mayor and Council find that the
proposed tower or wireless transmission facility is necessary and essential to providing the
wireless service.
Section 10: Facilities Lease.
The City Council may approve facilities leases for the location of wireless transmission facilities
and other telecommunications facilities upon City owned property. Neither this section, nor any
other provision of this article shall be construed to create an entitlement or vested right in any
person or entity of any type.
Section 11: Lease Application.
Any person that desires to solicit the City's approval of a facilities lease pursuant to this Article
shall file a lease proposal with the City's Community Development Department which, in
addition to the information required by Section 4, shall include the following:
a. A description of the wireless transmission facilities or other equipment proposed
to be located upon City property;
b. A description of the City property upon which the applicant proposes to locate
wireless transmission facilities or other equipment;
c. Preliminary plans and specifications in sufficient detail to identify:
1) The location(s) of existing wireless transmission or telecommunications
facilities or other equipment upon the City property, whether publicly or
privately owned.
2) The location and source of electric and other utilities required for the
installation and operation of the proposed facilities.
d. Accurate scaled conceptual drawings and diagrams of sufficient specificity to
analyze the aesthetic impacts of the proposed wireless transmission facilities or
other equipment;
e. Whether the applicant intends to provide cable service, video dial tone service or
other video programming service from the facility, and sufficient information to
determine whether such service is subject to cable franchising;
f. An accurate map showing the location of any wireless transmission or
telecommunications facilities in the City that applicant intends to use or lease;
15
g. A landscaping bond in an amount to be determined by the city arborist;
h. Such other and further information as may be requested by the City; and
i. An application fee for lease negotiation in the amount of $250.00.
Section 12: Determination by the City.
Recognizing that the City is under no obligation to grant a facilities lease for the use of City
property, the City shall strive to consider and take action on applications for facilities leases
within 60 days after receiving a complete application for such a lease. When such action is taken,
the City shall issue a written determination granting or denying the lease in whole or in part,
applying the standards set forth below, or any other such criteria as the Mayor and City Council
may choose to apply. If the lease application is denied, the determination shall include the reason
for denial following review of these factors:
a. The capacity of the City property and public right-of-ways to accommodate the
applicant's proposed facilities.
b. The capacity of the City property and public right-of-ways to accommodate
additional utility and wireless transmission or telecommunications facilities if the
lease is granted.
c. The damage or disruption, if any, of public or private facilities, improvements,
service, travel or landscaping if the lease is granted.
d. The public interest in minimizing the cost and disruption of construction upon
City property and within the public ways.
e. The service that applicant will provide to the community and region. The effect, if
any, on public health, safety, and welfare if the lease requested is approved. The
availability of alternate locations for the proposed facilities.
f. Whether the applicant is in compliance with applicable federal and state
telecommunications laws, regulations and policies, including, but not limited to,
the registration requirements administered by the Georgia Public Service
Commission.
g. The potential of radio frequency and other interference with existing public and
private telecommunications or other facilities located upon the City property.
h. The potential for radio frequency and other interference or impact upon
residential, commercial, and other uses located within the vicinity of the City
property.
16
i. Recommendations of the Public Works Department with respect to maintenance
and security of water towers.
j. Such other factors, such as aesthetics, as those factors may impact the community.
k. The maximization of co -location opportunities with other similar uses.
Section 13: Agreement.
No facilities lease shall be deemed to have been granted hereunder until the applicant and the
City have executed a written agreement setting forth the particular terms and provisions under
which the lessee has been granted the right to occupy and use the City property.
Section 14: Nonexclusive Lease.
No facilities lease granted under this Article shall confer any exclusive right, privilege, license,
or franchise to occupy or use City property for delivery of telecommunications services or any
other purposes nor shall approval of a lease entitle the applicant to a permit to construct or place
a wireless transmission facility.
Section 15: Term of Facilities Lease.
Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be
valid for a term of up to five (5) years, with the lessee granted a maximum of three (3) five (5)
year renewal options which options shall also be subject to approval of Council. The term of any
such agreement shall not exceed twenty (20) years.
Section 16: Rights Granted.
No facilities lease granted under this Article shall convey any right, title or interest in the City
property, but shall be deemed a license only to use and occupy the City property for the limited
purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as
any warranty of title.
Section 17: Interference with Other Users.
No facilities lease shall be granted under this Article unless it contains a provision which is
substantially similar to the following:
The City has previously entered into leases with other tenants for their equipment and wireless
transmission facilities. Lessee acknowledges that the City is also leasing the City property for the
purposes of transmitting and receiving telecommunication signals from the City property. The
City, however, is not in any way responsible or liable for any interference with lessee's use of the
City property which may be caused by the use and operation of any other tenant's equipment,
even if caused by new technology. In the event that any other tenant's activities interfere with the
lessee's use of the City property, and the lessee cannot work out this interference with the other
17
tenants, the lessee may, upon 60 days notice to the City, terminate this lease and restore the City
property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate
with all other tenants to identify the causes of and work towards the resolution of any electronic
interference problem. In addition, the lessee agrees to eliminate any radio or television
interference caused to City -owned facilities or surrounding residences at lessee's own expense
and without installation of extra filters on City -owned equipment. Lessee further agrees to accept
such interference as may be received from City operated telecommunications or other facilities
located upon the City property subject to this lease.
Section 18: Ownership and Removal of Improvements.
No facilities lease shall be granted under this Article unless it contains a provision which states
that all buildings, landscaping, and all other improvements, except telecommunications
equipment, shall become the property of the City upon expiration or termination of the lease. In
the event that the City requires removal of such improvements, such removal shall be
accomplished at the sole expense of the lessee and completed within 90 days after receiving
notice from the City requiring removal of the improvements. In the event that wireless
transmission facilities or other equipment are left upon City property after expiration or
termination of the lease, they shall become the property of the City if not removed by the lessee
upon 30 days written notice from the City.
Section 19: Compensation to the City.
(a) Each facilities lease granted under this Article is subject to the City's right, which is expressly
,r,,,,,, reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to
the lessee; provided, nothing in these sections shall prohibit the City and a lessee from agreeing
to the compensation to be paid. Such compensation shall be payable in advance of the effective
date of the lease and on or before January 31 of each calendar year. Any payments received after
the due date shall include a late payment penalty of 2% of the annual rental fee for each day or
part thereof past the due date. The compensation shall be negotiated by the City Manager or
designee, subject to the City Council' s final approval, based on the following criteria:
(1) Comparable lease rates for other public or private property;
(2) In the case land is leased, an appraisal opinion upon which the land and air space is rented;
(3) If structure of another user is involved, any amount needed to reimburse that user; in addition
to the above;
(4) A yearly escalator rate commonly used in comparable leases.
(5) The additional rent such structure may generate if leased to additional users. (The City
should be entitled to rent as a result of a sublease).
18
(6) Additional fees or charges may be established by the City to cover actual costs of processing
the application, including engineering review, inspection and appraisal cost, legal, administration
of the agreement, providing on-site services, and/or other direct or indirect costs.
Section 20: Amendment of Facilities Lease.
Except as provided within an existing lease agreement, a new lease application and lease
agreement shall be required of any telecommunications carrier or other entity that desires to
expand, modify, or relocate its telecommunications facilities or other equipment located upon
City property. If ordered by the City to locate or relocate its telecommunications facilities or
other equipment on the City property, the City shall grant a lease amendment without further
application. Such amendment must be approved by Council.
Section 21: Renewal Application.
A lessee that desires to exercise a renewal option in its facilities lease under this Article shall, not
more than one hundred eighty (180) days nor less than one hundred twenty (120) days before
expiration of the current facilities lease term, file an application with the City for renewal of its
facilities lease which shall include the following:
a. The information required pursuant to Section 12 of this Article;
b. Any information required pursuant to the facilities lease agreement between the
City and the lessee;
c. A report certified by a radio frequency engineer that the site is in compliance with
„WN current FCC radio emission standards.
d. All deposits or charges required pursuant to this Article; and
e. An application fee which shall be set by the City Council as referenced in this
ordinance or as amended from time to time by resolution.
Section 22: Renewal Determination.
Recognizing that the City is under no obligation to grant a renewal of a facilities lease for the
use of City property, the City shall strive to consider and take action on applications for renewal
of such leases within 60 days after receiving a complete application for such a lease renewal.
When such action is taken, the City shall issue a written determination granting or denying the
lease renewal in whole or in part, applying the standards set forth below, or any other such
criteria as the City Council may choose to apply. If the renewal application is denied, the written
determination shall include the reason for denial; such denial may be made after review of these
factors or on other grounds as determined by Mayor and Council:
a. The financial and technical ability of the applicant.
b. The legal ability of the applicant.
c. The continuing capacity of the City property to accommodate the applicant's
existing facilities.
d. The applicant's compliance with the requirements of this Article and the lease
agreement.
19
e. Applicable federal, state and local telecommunications laws, rules and policies.
f. Continued need for the facility in light of technological advances and current
industry standards.
`"'"' g. Such other factors as may demonstrate that the continued grant to use the City
property will serve the community interest.
Section 23: Obligation to Cure as a Condition of Renewal.
No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's
performance of the lease agreement, or of the requirements of these sections, have been cured, or
a plan detailing the corrective action to be taken by the lessee has been approved by the City. In
no event shall a facilities lease be renewed if lessee fails to cure.
.•.
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MAP 1- Master Siting MapAppendix 1
Im
e
RibLvric Sites Act of i93,5
AS AIVIENOLri
This Ac-. became Inv ori Aqqt,st it, 1935 (45 Sta', 666; 16 V,S,C, 461-467) arcs has beer
amended eight tifres- this dffit:ri:Aiot o� Ow Ac',, os kiawnJeu, trr(Xs (N.- Iorxjui;rjQ ;,)( the
Vni-.ed States Code emept that cerumen mage) we ?,:�fer to, true! "Art" hw�.vv
ing the Act asainended) rather than to the "subchapter or *.hetitt.- of the Inde. Thii
k nol im c&irial fhnrr titIp, hist i% rrorply x rnnvenir-ni7p i,%f The rparip,
IS U.S.0 461, sectian T
Oeclarati on of national
policy It is hc-rchv dectarcell that it is a national pokwto pre,.servn
forpublic use hi.itoric situ, buildings, anti ob'IrOs 4nxion-
s.d sipoficancc for the iuWzration mid benclit of die pople
of the Linitcd States,
16 t1-S.C. 462,
Section 2
Adnink-tration by
the Seuctary of tl'e
Th:: Soactari of the Inmrint (hc.rri nafter in sccrionj r
Inirrim, and
W 7 of this Act mforrcd to as the Sccrctw-%,,%, ttiroEgli file
dut e% enuiney ited
Rational Park Srrvice, for die purport of effectuawip the
16 U.S.C. 462(a),
pulky e-xprtnsed in becUor i of Ws Act, shall have the
Basis for Historic
fOLUwiEkv, powen and perfurtu Lhe fullowing duties and
Arnmiran RuildinT
functions:
Suati�Niaturi
Arri�r , scall
GOSecurv, Whitt-, kmdpreservc drawinp, plans, photo-
PIP"
Recordel-liqork
griplu, MLIJ 'JURT d;LLa of hisLork and archicologic sites,
Amrrican L;i -irI%,:,ipes
hijildingv.. RnJ objects.
SL, I VVY
11111how
(h) Nitrvt--.y 411hiAnTic- wnit Rri-bRt-ak—ir. Ot's. hitild-
I b U.S'C.. e 6-a (b),
ir%-;, aoid obirck 1707 Ilit-. purpww poc.
kiisis for Nati o ial;Q;
01111"t"111wilujigur
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16 U.S.C.
fC) Nllk,�
Colk,rtinn cf tr, ip ;I nri
Urited Stite. relating to Pdkirtik-UIRI-Aites: buildings, or
J.-turate it"fo,mat"2n
nhicct; to obtain true and accurare hisrnrical and ar,71tir11-
logicil 11-icj facts and iinfrinniflar, rxyncrwni�ig rtw tvyn.
:2 UDEPA'- Hl'ir-71RIC FRP;FWATION
21