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HomeMy WebLinkAboutORDINANCE NO. 10-07-70STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 10-08-70 AN ORDINANCE TO AMEND CHAPTER 54 TELECOMMUNICATIONS OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a special called council meeting on August 9, 2010 at 5:45 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Chapter 54, of the Milton City Code, as it relates to Telecommunications, is hereby adopted and approved, replacing existing Chapter 54 in its entirety; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 9th day of August, 2010. Attest: CHAPTER 54: AN ORDINANCE REGULATING THE LOCATION PLACEMENT AND 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; WPM (e) To avoid potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed, constructed, modified, haw 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 an Existing Tower Map 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 Sections 64-1801, 64-1592, and 64-1594 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 ow• If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or 6 110 any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other ..N portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of r... 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 and is considered an accessory use if located on a parcel of land as the sole or primary structure, lot or parcel shared with a different existing primary use or existing structure. 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. 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. 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 2 WPM 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 .a.wa 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. Coverage - The geographic area reached by an individual wireless telecommunications facility installation. 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. $WW^ FAA - means the Federal Aviation Administration. show FCC - means the Federal Communications Commission. Geographic Search Area (GSA). An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering. 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. own 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 amw radio service communications. Such facilities may be elevated, either building -mounted or 3 "Wft ground mounted; transmitting and receiving antennas; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building Now mounted facilities, freestanding low power mobile radio service facilities, and micro -cell or repeater facilities. 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. Existing Tower Map - refers to the siting map prepared by staff and approved by City Council to identify existing sites where Wireless Telecommunications Facilities are located 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. Ordinary Maintenance - The normal repair and maintenance of a Telecommunications Facility without adding, removing or changing any components of a Telecommunications Facility. 2 WPM Maintenance includes inspections, testing and modifications that maintain functional use, aesthetic and structural integrity. Ordinary Maintenance includes replacing antennas and accessory equipment on a like -for -like basis within an existing Telecommunications Facility, Now strengthening the support structure's foundation or of the support structure itself, and relocating the antennas of approved Telecommunications Facilities to different height levels on an existing monopole or tower upon which they are currently located. Planning and Zoning - See Community Development. Planning Commission - means the City of Milton Planning Commission. 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. Radiofrequency Engineer. A radiofrequency expert with specialized training and experience in the development and analysis of telecommunication networks and facilities, or a Professional Engineer licensed in the State of Georgia and experienced in the telecommunications field; however, in the event that this Ordinance requires an engineering certification regarding structural loading or other certification associated with the safety or integrity of structures, a certification by a Professional Engineer licensed in the State of Georgia shall be required. Repeater - means a low power mobile radio service telecommunications facility used to extend tog* coverage of cell areas to areas not covered by the originating facility. Residential District - Shall mean any zoning district in the City of Milton that allows single- family residential uses as a permitted use. Currently this includes all zoning districts except C-1, C-2, M-1 A, M-1 and M-2. Roof andlor building -mounted telecommunications facility - means a wireless telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility and do not significantly change the profile of the existing structure and are not readily noticeable to the untrained eye. Existing structures include buildings, water tanks, towers, and utility poles. 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 own vegetation and color to obscure a wireless telecommunications facility. fto 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 - 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. 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. n Source: www.cuc.gvvn.i.io- 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, ""M 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 ■Ma 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 7 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. Towers or antennas on public property approved by the City Council. (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. POM Section 5: General Requirements. Now (a) An application for a Telecommunications Facility Permit shall be required for the construction or placement of all new Wireless Telecommunications Facilities and Attached Wireless Telecommunication Facilities. The building permit process for collocations or modifications as defined in O.C.G.A. 36-66B-3 and as set forth in O.C.G.A. 36 -66B -4(a) shall be governed by Section 7(a) and no further requirements of this Section shall be applicable. Permits for all other Telecommunication Facilities shall be processed in accord with Section 7(b). Telecommunications Facility Permits shall be reviewed b y the Mayor and City Council in accordance with the standards set forth in this Chapter. Approval of any application for the construction of a new tower or placement of an antenna (exempting antenna placement on a previously approved Wireless Support Structure as defined at O.C.G.A. 36-66B-3(9) or modification of Wireless Facilities as defined at O.C.G.A. 36-66B-3(8)) shall be based on consideration of the following factors: (1) Demonstrated need for proximity to residential structures and residential district boundaries; (2) Demonstrated need for the proposed height of the tower; (3) Minimal impact on the use of adjacent properties; wpm (4) Surrounding topography, tree coverage and foliage that buffer the potential visual impact of the Telecommunications Facility; 8 O"M (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, to include consideration of Stealth Technology Installations; ftow (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) With reference to the City of Milton Existing Tower Map, as amended. (b) All applications submitted to the Community Development Department shall include a complete inventory of the applicant's existing Wireless Telecommunications Facilities including towers and receivers/transmitters located within the City of Milton and 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, to promote co -location alternatives for other applicants. (c) At the time of filing the application for construction or placement of a Wireless Telecommunications 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 Radiofrequency 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, 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, existing streams, wetlands and floodplains, parking, and other information deemed necessary by the Community Development Director to demonstrate the need for the proposed facility or 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, capacity 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. The study shall include Now all adjoining planned, proposed, in-service or existing sites owned by the applicant or others and a color propagation study demonstrating the existing ■.r coverage of all Wireless Telecommunications Facilities owned and proposed by 6 40"" the applicant within the GSA. The study shall also demonstrate that the proposed height is the minimum necessary to achieve the required coverage. The study shall bear the signature and certification of a Radiofrequency Engineer. If a Now capacity issue is involved, include an analysis of the current and projected usage in the service area. (4) The setback distance between the proposed Telecommunications Facility and the nearest residential unit or residentially used structure. (5) When requesting a permit for a new Telecommunications Facility greater than one hundred (100) feet in height on property which is located adjacent to residentially zoned property, written certification and technical analysis of why a similar structure at a height of less than one hundred (100) feet cannot be used. Documentation shall include a propagation study of the proposed site with a Telecommunications Facility less than one hundred (100) feet in height. (6) Certification that the Wireless Telecommunications Facility, the foundation and all attachments are designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. Structural integrity analysis shall be provided where antennas and equipment will be attached to an existing structure. Such certification and structural integrity analysis shall bear the signature and seal of a Professional Engineer licensed in the Georgia. (7) 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. (8) Written documented, detailed analysis of the impact of the proposed Telecommunications Facility addressing the factors specified in Section 5(a). (9) Evidence of compliance with applicable FAA requirements under 14 C.F.R. s. 77, as amended, which may be a copy of the FAA Notice of Proposed Construction or a written statement prepared and signed by a professional airspace safety consultant; and (10) Copies of the National Environmental Policy Act (NEPA) and the State historic wow Preservation Office (S1-1PO) reports for the proposed Telecommunications Facility. r 10 "Oft (11) Copy of the FCC License applicable for the intended use of the facility. N"W (12) Documentation establishing whether a Stealth Technology Installation is to be proposed, and if not, an explanation as to why not. (d) Each application shall be accompanied by a fee in accordance with the fee schedule published by the City. In addition, applicants shall be responsible for independent engineering or consulting costs incurred by the City which exceed such fee up to an additional seven thousand five hundred dollars ($7,500.00). 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 Telecommunications 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 Desig n Review Board, Planning Commission or Council may impose additional conditions to the extent determined necessary to minimize adverse effects on adjoining properties. 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-1 A Industrial District AG -1 Agricultural District A or AL Apartment District or Apartments Limited (b) No new Telecommunications Facilities shall be located within 3,500 feet of any existing or permitted Wireless Telecommunication Facility. (c) All applicants seeking to erect a tower must provide evidence that no alternative location and 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 a Radiofrequency Engineer. Such evidence may consist of the following: No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. 11 Wom 2. No existing structure is of sufficient height to meet the applicant's engineering requirements. so" 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. All alternative properties in the GSA for the construction of a new Telecommunications Facility that are potential alternatives to the proposed location are either unacceptable or infeasible due to technical or topographical reasons. 6. 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 Telecommunications Facilities, including Stealth Technology Installations, except buried portions, shall be set back from all adjoining properties zoned non- residential a distance equal. to the height of the proposed telecommunications tower. Now 2. When a Telecommunications Facility or Stealth Technology Installation is adjacent to a residential use or residential zoning, the tower and entire facility must be set back from the nearest residential property line a distance equal to one and one-half times the height of the tower. 3. Roof and/or building -mounted telecommunications facilities are exempt from the setback standards of this subsection but are not exempt from the setbacks for the zoning districts in which they are located. (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 must meet the following maximum heights and be designed and built in a manner that allows other entities to co -locate on the structure using the following guidelines: 12 (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) Telecommunications 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. (1) Structures shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. Telecommunications Facilities or telecommunications support structures shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the facility and be visible from the access point of the site. The sign shall not be lighted, unless applicable law, rule or regulation requires lighting 'am A more elaborate version of this subsection appears in Section 8, "Maintenance of Facilities," subsection (d) a" 13 I 01, (m) Communication facilities shall not be located in 100 -year flood plain or delineated wetlands. &am (n) All guy wires must be anchored on site and outside of right-of-way and outside minimum building setback. (o) Structures not requiring FAA painting/marking shall utilize Stealth Technology Installation to the maximum extent possible, and otherwise shall have either a galvanized finish or be painted a dull blue, green, gray, or black finish. (p) Line -of -Sight Analysis. The applicant shall provide a line -of -sight analysis, including elevation views of the proposed facility. The analysis shall include a description of natural and man-made features that affect the buffering of the potential visual impact of the structure. (q) Photo Simulations. The applicant shall provide photo -simulated post -construction renderings of the completed proposed antenna support structure, equipment compound and/or equipment cabinets, ancillary structures, and landscaping. (1) The views shall incorporate before and after scenarios, a scaled color image of the proposed type of facility, an aerial map with the location of the selected views, and a description of the technical approach used to create the photo simulations. The simulations shall include a minimum of four vantage points """ (north, south, east, and west) from two hundred (200) feet away from the base location of the tower from the east, west, north, and south. (2) The Mayor and City Council and the City Design Review Board may require the Applicant to provide other pictorial representations from other viewpoints, including but not limited to the view from state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. (r) "Balloon Test." The applicant shall hold a "balloon test" prior to the public hearing on the application meeting the following requirements: (1) The Applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon, which is a minimum of a three (3) foot in diameter and a minimum of a ten (10) foot in length at the maximum height of the proposed Telecommunications Facility. (2) The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14) days in advance of the first test date in a Ww" newspaper with a general circulation in the City. The Applicant shall inform the Director, in writing at least fourteen (14) days in advance, of the dates and fto times of the test. In addition, property owners of properties located within 14 i 1,500 feet of the boundary of the property on which the monopole or tower is proposed to be located shall be notified two (2) weeks in advance of the balloon test. (3) The balloon shall be flown for at least four consecutive hours sometime between 7:00 am and 4:00 PM on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the primary date, the secondary date may be on a weekday. Pictures shall be taken of the balloon from approximately two hundred (200) feet away from the base location of the balloon from the east, west, north, and south. (s) 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 recommend an alternative location for the facility or tower or may recommend 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 view shed that provides context to a historic structure or scenic view. 9. The utilization of Stealth Technology Installations. Section 7: Approval Process. (a) The following uses are subject to expedited approval, which shall be defined as approval within sixty (60) days of receiving applications, supporting engineering certifications and lease approval, if any, without the necessity of public hearing: [T ww" 1. Collocation on a previously approved Wireless Support Structure as defined at O.C.G.A. 36-66B-3(8) or Modification of Wireless Facilities as defined at O.C.G.A. 36-66B-3(9)). However, if any of the following apply: 1) The proposed collocation increases the overall height or width of the wireless support structure to which the wireless facilities are to be attached; (2) The proposed collocation increases the dimensions of the equipment compound approved by the local governing authority; (3) The proposed collocation does not comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and (4) The proposed collocation exceeds the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state. then expedited permitting under Section 7(a) shall not apply and the applicant shall be required to utilize Section 7(b). (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 POOR 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 Telecommunications 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 fee for such review in accordance with the fee schedule published by the City. 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 as well as the time, date and location of each hearing. The Community Development Department shall also give similar notice by regular mail to all property owners and/or current residents within five hundred feet (500') of the boundaries of the subject property with a minimum of 75 owners who appear on the city tax records as retrieved by the city's Geographic information system. The notices shall be mailed a minimum of 14 days prior to the first scheduled hearing. Re -notification by mail is required when a petition is recommended for deferral by the planning commission for any amount of time or is deferred by the Mayor and City Council. 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 1u 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. 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 Existing Tower Map, approval of the application shall be denied provided substantial evidence exists to support such denial. Any aggrieved party may appeal the denial to a court of competent jurisdiction. 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. Approved applications shall expire one (1) year from the date of the approval by the Mayor and Council unless the property owner makes substantial progress toward the completion of on-site construction depicted on the site plan. Substantial progress shall have been demonstrated when, within one year of the date of the issuance of the Telecommunications Facility Permit, the Director of Community Development Department determines that continuous, observable progress is being made to completion according to an approved construction schedule. Section 8: Maintenance of Facilities. (a) All Telecommunications Facilities and related landscaping shall be maintained by the I"" 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 Telecommunications 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 new or existing Telecommunications Facility shall be required to register and obtain a "Telecommunications Operating License" from the Community Development Department on or before July 31 each and every calendar year. The Telecommunications Operating License shall serve as a mechanism for obtaining current information regarding Telecommunication permit holders and annually inspecting and documenting the condition of permitted towers, antennas, and other telecommunications facilities. The Telecommunications Operating License application shall be on such forms as may �..�, be prepared by the Community Development Department. No Telecommunications Operating License application shall be considered by the Community Development Department until it is complete and accompanied by all necessary documents, papers, proof of liability insurance, and 17 other evidence of eligibility as may be set forth or otherwise required by the application. All telecommunications towers, each antenna array located thereon, on a rooftop or other location, shall each obtain a separate license, paying a separate fee for each such license. A license is not transferable or assignable. (1) A Telecommunications Operating License or application therefore under this article may be denied, suspended or revoked only if one or more of the following exists: i. The applicant or licensee has failed to obtain any certificate, approval, or document necessary as may be required by any office, agency or department of the City, County, State or United States under authority of any law, ordinance or resolution of the City, County, State or United States. ii. The applicant or licensee has supplied false information to the operating permit officer or the governing authority. iii. The applicant or licensee has violated any City, County, State or Federal law, or any ordinance or resolution regulating the telecommunications tower and antenna. iv. The applicant or licensee has failed to pay any fee required under this article, including the annual licensing renewal, has failed to make a return or pay a tax due to the Fulton County Tax Commissioner in connection with its business or any predecessor business (to include, without limitation, occupational tax or real or personal property ad valorem tax); provided, however, that a 'W" Telecommunications Operating License may not be denied, suspended or revoked under this article with respect to ad valorem taxes (whether real or Now personal property) (i) due in the current calendar year; (ii) presently the subject of lawful appeal; or (iii) not collectible by virtue of duly enacted statute, ordinance, or other law. For purposes of this subsection (c)(4), a predecessor business (whether a sole proprietorship, corporation, partnership, or other entity) shall be a business engaged in substantially the same or related business as the applicant and from whom the applicant acquired title to or possession of a substantial portion of its business property, either directly or indirectly, whether real or personal, and for which taxes are outstanding. v. There are conditions on the premises or in the business operations conducted thereon that endanger public health or safety. vi. The Telecommunications Facility and/or property have not been adequately maintained according to the standards of this Chapter, including painting, landscaping, screening, and fencing. vii. The applicant or licensee fails to cooperate with any officer, agent or employee of the City who is authorized or directed to inspect the premises used for or in connection with a telecommunications tower or antenna. viii. A new owner of an existing Telecommunications Facility fails to submit a am„ license application and license fee when any change of ownership occurs. 18 Imm" (d) Any antenna or tower that is (1) not operated for a continuous period of twelve (12) months or (2) is not properly maintained or (3) is not in possession of a current and valid .om license 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. In the event that an antenna or tower is not in possession of required licensure the City, in its discretion may, instead of requiring removal of said tower or antenna, may treat same as a code violation and impose daily citations to compel compliance. Section 9: Waiver of Requirements. No exception, waiver or variance to the conditions and requirements contained herein shall be granted unless expressly provided for in this ordinance, or the Mayor and Council find that the proposed tower or Telecommunications 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 Telecommunications Facilities and other telecommunications facilities upon City owned property. Neither this section, nor any WPM other provision of this article shall be construed to create an entitlement or vested right in any person or entity of any type. Section I1: 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 Telecommunications 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 Telecommunications 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. Opm 2) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. 19 NNW d. Accurate scaled conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed Telecommunications 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 Telecommunications Facilities in the City that applicant intends to use or lease; 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 accordance with the fee schedule published by the City. 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 such criteria as the Mayor and City Council may choose to apply. 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 Telecommunications 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. 20 Section 16: Rights Granted. go" 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 Telecommunications 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 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 Poe 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 No" 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 Telecommunications 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 .. 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 M" to the compensation to be paid. Such compensation shall be payable in advance of the effective 21 t now" 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 &ANN 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). (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 Radiofrequency engineer that the site is in compliance with current FCC radio emission standards. d. All deposits or charges required pursuant to this Article; and O." 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. No" 22 moo" Section 22: Renewal Determination. 0 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 such criteria as the City Council may choose to apply. 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. 23 City of Milton Fulm Cmmty, Georpa Master Siting Plan MAP 1 — Existing Tower Map Appendix} 24 iibLOO : Sites Act of i9:35 Xa At>AE:f`CLD °rk Ac- L->rrar-a kvv nn A.,Iir 0 ,1,1m`_S 14c 5u, , rim); 'IG U.5 C. 4614 57: or -; ha- brl_r, a=rerdec eig t t m ;.. 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