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Land Use Regulations
East Windsor, CT. Telecommunication Tower Regs6.4 WIRELESS TELECOMMUNICATION SITES
6.4.1 BACKGROUND AND PURPOSE
Recent advances in wireless communications technology have resulted in a new generation of telecommunication services. These new services transmit electromagnetic waves of such a frequency and power that will likely require numerous antenna locations. These antennas may be located on buildings, water towers and other similar structures but will also frequently be located on new or enlarged towers. This requires that the Town of East Windsor regulate these wireless communication system facilities in a different manner than conventional television and radio transmission towers which are able to transmit their signals at much greater distances.
A number of providers of wireless communication services have recently been licensed by the Federal Communications Commission and additional providers are expected to be licensed in the near future. These firms are expected to pursue antenna sites within the Town of East Windsor and these efforts are expected to include requests to construct new communication towers.
The intent of this proposed regulation is to provide for the establishment and or expansion of wireless telecommunication services within the Town of East Windsor while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening. More specifically this regulation has been developed in order to:
Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community;
Encourage providers to co-locate their facilities on a single tower;
Site facilities below visually prominent ridge lines;
Minimize the location of facilities in visually sensitive areas;.
Encourage creative design measures to camouflage facilities;
Protect historic and residential areas from potential adverse impacts of communication towers;
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
6.4.2 DEFINITIONS. For the purpose of applying the provisions of this section the terms below shall be defined as follows:
ANTENNA means a device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip antennas, panel antennas and dish antennas.
CO-LOCATION means locating wireless communication facilities from more than one provider on a single site.
HEIGHT OF TOWER means the vertical distance measured in feet from the average existing level of the ground surrounding the tower and within ten feet thereof to the topmost point of the tower including any antenna or other appurtenances. The existing elevation shall mean the actual or approved elevations of the property at the time of application.
TOWER means a structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include (a) self-supporting lattice, (b) guyed and (c) monopole.
WIRELESS TELECOMMUNICATION SERVICES means licensed wireless telecommunication services including, but not necessarily limited to, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
WIRELESS TELECOMMUNICATION SITE means a facility operated by a licensed wireless telecommunication service provider which consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services.
6.4.3. LOCATION PREFERENCES. The locations for siting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed in paragraphs 1 through 6 below, in order of preference.
1. On existing structures such as buildings, water towers and utility poles.
2. On existing or approved towers.
3. On new towers less than 60 feet in height located in commercial or industrial zones.
4. On new towers less than 60 feet in height located in residential zones.
5. On new towers 60 feet or greater in height located in commercial and industrial zones.
6. On new towers 60 feet or greater in height located in residential zones.
6.4.4 PERMITTED USES. The following uses which generally pose minimum adverse visual effect shall be permitted subject to Site Plan Requirements and the standards set forth in Subsection 6.4.7.
1. Wireless telecommunication sites located on nonresidential buildings and shielded from view from all surrounding streets and driveways used by the general public. The method and materials used to shield such sites must be approved by the East Windsor Planning and Zoning Commission as part of the Site Plan Review.
2. Wireless telecommunications sites where the antenna is mounted to existing towers, utility poles, water towers, light standards, bridges or other structures not classified as buildings provided the following standards are meet:
a. No changes are made to the height of such structure.
b. No panel antenna shall exceed 72 inches in height and 24 inches in width.
c. No dish antenna shall exceed 3 feet in diameter.
d. All accompanying equipment buildings or boxes shall be screened and fenced as approved by the East Windsor Planning and Zoning Commission as part of the Site Plan review.
6.4.5. USES ALLOWED ONLY BY SPECIAL PERMIT. In addition to specific requirements listed in Subsections 6.4.7. and 6.4.8., the standards provided in Section 2.7 shall also apply to applications submitted under this section. Section 2.7 shall also apply to application procedures, hearing and notice requirements.
1. In all zoning districts, wireless telecommunication sites not otherwise permitted in Subsection 6.4.4.
6.4.6. SITE PLAN REQUIREMENTS. All proposals to develop a wireless telecommunication site as a permitted use or special permit use shall be subject to the site plan requirements listed in Section 13.5 of these regulations. In addition the following information shall be submitted:
1. Permitted Use:
a. A plan showing where and how the proposed antenna will be affixed to a particular building or structure.
b. Details of all proposed antenna and mounting equipment including size and color.
c. Elevations of all proposed shielding and details of materials including color.
d. An elevation of all proposed equipment buildings or boxes. Details of all proposed fencing including color.
e. A design drawing including cross section and elevation of all proposed towers. A description of the tower's capacity including the number and type of antennas it can accommodate as well as the proposed location of all mounting positions for co-located antennas and the minimum separation distances between antennas. Where a monopole is proposed the design shall illustrate how the tower will collapse upon itself without encroaching upon any adjoining property line.
f. A report from a licensed engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in Subsection 6.4.7 10 of this regulation. Such report shall also certify that the installation of such site will not interfere with public safety communications.
g. An analysis of the fall zone for the proposed tower prepared by a licensed engineer.
h. Proof that either the applicant or co-applicant holds bona fide license from the Federal Communications Commission (FCC) to provide the telecommunication services that the proposed tower is designed to support.
i. A report or letter from the Federal Aviation Administration that the proposed tower complies with all airport safety requirements for both Bradley International Airport and Skylark General Aviation Airport.
j. A map depicting the extent of the provider's planned coverage within the Town of East Windsor and the service area of the proposed wireless telecommunication site.
k. A map indicating the search radius for the proposed wireless telecommunication site.
2. Special Permit Use:
a. All of the plans and information required for Permitted Uses in the previous subsection.
b. Upon request of the Commission the applicant shall provide a simulation of the proposed wireless telecommunication site in order to help the Commission ascertain the visual impacts associated with such proposal.
c. For towers located in or within 1,000 ft of an R-1, R-2, R-3, or A-1 zoning District, the applicant shall provide a view shed analysis showing all areas from which the tower would be visible.
6.4.7. HEIGHT AND AREA REQUIREMENTS.
1. Lot Size. wireless telecommunication sites containing a freestanding tower shall not be located on any lot less than 20,000 square feet in area. Where it is proposed that such a wireless telecommunication site occupy a lot as a principal use the minimum lot size shall be equal to that required for the underlying zone or 20,000 square feet, whichever is greater.
2. Height.
a. The maximum height of a tower proposed under this regulation shall be 200 feet including the antenna and all other appurtenances. The height of a tower mounted on a building shall be measured from the average level of the ground along all walls of the building to the tallest point on the tower including the antenna and all other appurtenances.
b. The maximum height of any roof top mounted equipment building or box shall be 15 feet above the roof surface.
3. Setbacks.
a. All freestanding monopole towers shall comply with the following minimum property line setbacks:
Front Yard or Side Yard Along a Street - A distance equal to 3/4 the height of the tower or the setback required for the underlying zone, whichever is greater.
Side or Rear Yards in residential zones, 50 feet for towers less than 60 feet in height and 100 feet for towers equal to or greater than 60 feet.
Side or Rear Yards in nonresidential zones, 25 feet for towers less than 60 feet in height and 50 feet for towers equal to or greater than 60 feet. However, where a side or rear lot line is contiguous to a residential zone the setback for that particular yard shall be as required for such a tower in a residential zone.
b. All other towers shall in residential zones shall be located a minimum distance from any property line equal to 125 percent of the proposed tower height or 200' feet whichever is greater.
c. All other towers in nonresidential zones shall be located a minimum distance from any property line of at least 100 feet or a distance equal to the height of the tower, whichever is greater.
d. All equipment buildings/boxes or equipment areas which are each 50 square feet or greater in area shall comply with the minimum property line setbacks for a principal building in the underlying zone.
e. All equipment buildings/boxes or equipment areas which are each less than 50 square feet in area shall comply with the following minimum property line setbacks:
1. Front Yard or Side Yard Along a Street - Same as for a principal building in the underlying zone.
2. Rear and Side Yards - 20 feet.
6.4.8 GENERAL REQUIREMENTS
1. No wireless telecommunication site shall be located within 200 feet of an existing or proposed residence.
2. No tower exceeding 60 feet in height shall be located within 1,000 feet of the boundary of an approved historic district.
3. No lights shall be mounted on proposed towers unless otherwise required by the FAA. All strobe lighting shall be avoided if possible.
4. Towers not requiring special FAA painting or markings shall be painted a non-contrasting blue or grey.
5. Towers may not be used to exhibit any signage or other advertising.
6. Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional comparable antenna if the tower is over 50 feet in height. The Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights.
7. Antennas or equipment buildings/boxes mounted to or on buildings or structures shall to the greatest degree possible blend with the color and design of such building.
8. No proposed wireless telecommunication site shall be designed, located or operated as to interfere with existing or proposed public safety communications.
9. All applications for wireless telecommunication sites within the Flood Protection Zone shall comply with the standards found in Section 19. of these regulations.
10. The design of all wireless telecommunication sites shall comply with the standards promulgated by the FCC for non-ionizing electromagnetic emissions.
11. All utilities proposed to serve a wireless telecommunication site shall be installed underground unless otherwise approved by the Commission.
12. All generators installed in conjunction with any wireless telecommunication site shall comply with all State and local noise regulations.
6.4.9. FACTORS UPON WHICH SPECIAL PERMIT DECISIONS OF THE COMMISSION SHALL BE BASED
In passing upon applications for wireless telecommunication sites, the Commission, in addition to the standards found in 2.7, shall also find:
1. In the case where a wireless telecommunication site is proposed to be located on, or within 1,000 feet of, a property designated on the National Historic Register that such proposal will preserve the historic and/or architectural character of the landscape or any structure.
2. In the case where an application for the proposed location of a wireless telecommunication site is not a preference 1 through 3 location as listed in Section 6.4.2, that the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally or economically feasible. The supplied documentation should evaluate the following factors:
a. The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved tower as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.
b. The planned equipment cannot be accommodated on existing or approved towers due to structural deficiencies as documented by a qualified licensed engineer and that such deficiencies cannot be eliminated at a reasonable cost.
c. The existing or planned equipment on an existing or approved tower would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.
d. Any restriction or limitation imposed by the FCC.
6.4.10 ABANDONMENT. A wireless telecommunication site not in use for 12 consecutive months shall be removed by the service facility owner. This removal shall occur within 90 days of the end of such 12-month period. Upon removal the site shall be restored to its previous appearance and where appropriate revegetated to blend with the surrounding area. An appropriate Bond shall be submitted as surety.
6.4.11 EXPIRATION OF PERMIT. The approval of an application for special permit shall be void and of no effect unless construction of the project commences within one year and is completed within two years from the date of the approval granted by the Commission. For purposes of this regulation the term start of construction shall be defined as the installation of a permanent building foundation. The Commission may grant up to two six-month extensions of the period to start construction upon written request by the applicant. The Commission shall not approve an extension unless the development plan is brought into conformance with any relevant zoning regulations which have been amended subsequent to the original approval and unless the applicant provides adequate evidence that construction is able to begin within the extended time period sought. This evidence shall include, but not be limited to, the acquisition of any or all required government approvals and project financing. Any appeals of such special permit, site plan, inland wetlands or subdivision approval shall extend the aforementioned one-year period the length of such appeal The Commission may as a condition of approval of a special permit establish a time period such special permit shall remain in effect.