A. 
Communications towers, antennas, poles, dishes, transmission towers, or similar structures for sending or receiving signals by radio wave, electrical impulse, or similar or related technologies shall be permitted in any district, but only when specifically authorized in the particular instance by a special exception granted by the Commission under Article XXVI and subject to the conditions prescribed in or pursuant to Article XXVI and subject to the general standards and limitations prescribed in § 500-147.
[Amended 11-1-2016]
B. 
The purpose of this regulation is to provide for the location of wireless communication towers, antennas and facilities while protecting neighborhoods and minimizing the adverse visual and operational effects through careful design, siting and screening and to minimize the number of towers by encouraging shared or joint use where practical. This article of the Zoning Regulations is consistent with the Telecommunications Act of 1996 in that it does not discriminate among providers of functionally equivalent services; prohibit or have the effect of prohibiting the provision of personal wireless services; or regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Except for the location and height of towers/antennas, this regulation does not regulate any aspect of licensed (under FCC CFR 97) amateur radio and small business communications.
C. 
Additional purposes of these regulations are to:
(1) 
Encourage use of nonresidential buildings and structures, such as cupolas, steeples, chimneys, silos, and power line structures;
(2) 
Encourage joint use of new or existing towers and facilities;
(3) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of towers;
(4) 
Protect historic and residential areas from potential adverse impacts of wireless communication facilities;
(5) 
Reduce the number of towers and/or antennas needed in the future; and
(6) 
Encourage suitable design measures to minimize adverse visual impacts of wireless communication facilities.
The application shall include a site plan as specified in Subsection A and the requirements specified in Subsection B, as well as any other requirements specified in the Zoning Regulations.
A. 
A site plan showing the following:
(1) 
Tower details shall be submitted showing the proposed height from grade, shape, type, method of anchoring, and location in reference to property lines. Particular reference shall be made to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(2) 
A USGS quadrangle map showing the location of the tower shall be included;
(3) 
Surrounding topography within 1,000 feet at contour intervals not exceeding 10 feet shall be provided;
(4) 
Elevations of all proposed visual screening and fencing and details of material, including color, shall be shown;
(5) 
Elevations of all proposed equipment buildings, enclosures and cabinets shall be shown;
(6) 
Design plans and tower base elevation showing the height and fall circles of all towers shall be submitted;
(7) 
Proposed access to the site shall be shown;
(8) 
Proximity of the tower to residential structures shall be shown; and
(9) 
Nature of uses on adjacent and nearby properties within 1,000 feet shall be described.
B. 
Additional requirements to be submitted with application.
(1) 
A map shall be submitted indicating the service area and extent of the provider's existing and planned coverage of the proposed wireless telecommunications site;
(2) 
Where a new tower is proposed, the applicant shall demonstrate that co-location on an existing or proposed tower is not feasible. All existing and/or proposed wireless service facilities within 1/2 mile of the proposed tower shall be shown on the site plan. The applicant shall demonstrate, in a written report, that the service proposed cannot be provided by adding equipment to these existing or proposed towers or that the owners of these other towers have denied the applicant's request for co-location. The applicant shall also show tall structures (over 65 feet in height) located within 1/2 mile from the proposed tower. The applicant must demonstrate that placing antennas on these tall structures is either not technically feasible or that the owner of the tall structure has denied the applicant's request to locate on the structure. The Commission may request outside technical assistance to make such determinations;
(3) 
A report shall be submitted indicating why the proposed site location is necessary to satisfy its function in the applicant's proposed wireless telecommunications system. For new towers, the applicant shall provide a written report of the process by which other possible sites were considered and eliminated. At least one alternative preference site shall be included in the report;
(4) 
A detailed list of all antennas and mounting supports indicating size and color shall be provided;
(5) 
A scaled plan and elevation drawing showing where and how the proposed antenna, other fixtures, and mounting supports will be affixed to a particular building or structure shall be submitted;
(6) 
A description of the tower capacity shall be submitted, 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 other fixtures and minimum separating distances;
(7) 
A signed statement shall be submitted from the radio frequency engineer indicating that the proposed wireless telecommunication facility will comply with current FCC radio frequency emission standards and will be operated in accordance with the owner's FCC license and Federal Aviation Administration (FAA) requirements; and
(8) 
A visual analysis shall be submitted showing all areas from which the tower would be visible and a simulation of the proposed site in order to help the Commission determine the visual impacts associated with the proposal. This visual analysis should include a simulation (using a balloon or computer-generated landscape view from each octant of the compass) of the tower's appearance during the winter months from the furthest extent of the tower's visibility at the five-foot height and from a distance of 1,000 feet. In addition, the Commission may require the applicant to raise in the field a balloon or crane or by other means illustrate the visual effect of the proposed tower.
All communication towers or structures in any district shall conform to the following general standards and limitations in addition to all other standards set forth in the Zoning Regulations:
A. 
Applicability. This regulation applies to towers that measure over 35 feet from the ground at their bases.
B. 
Tower height. The applicant must demonstrate to the satisfaction of the Commission that such service and facility can only be provided at the location and height requested, but in no event shall the total height exceed 195 feet. For new towers, the Commission shall require the submission of propagation modeling results to facilitate its review of tower height. The applicant shall submit a propagation study for the lowest and highest antenna height on the tower to ensure adequate coverage of Killingworth while minimizing visual impacts. The Commission also may request propagation modeling for higher or lower heights.
C. 
Tower design. The structure shall be designed, colored, and sited in such a fashion as to minimize its visibility, unless otherwise required by FCC and/or FAA regulations. All towers shall be a monopole design. Towers not requiring FAA paintings or markings shall either have a galvanized finish or be painted a noncontrasting blue, gray, or black. The Commission may require that the monopole be designed and treated with architectural materials so that it is camouflaged to resemble a woody tree with a single trunk and branches on its upper part or other suitable art form/sculpture as determined by the Commission.
D. 
Design to allow future co-location. Any proposed tower shall be designed in all respects to accommodate both the applicant's antenna and comparable antennas for at least two additional personal wireless users, as defined in Section 704 of the Telecommunications Act, if the tower is more than 100 high or for at least one additional user if the tower is more than 50 but less than 100 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 various heights.
E. 
Use of existing structures. Every effort shall be made to use existing structures, including adding multiple uses to single towers, so as to minimize the number of towers and other structures. Wherever possible, the tower shall be incorporated within buildings, barns, cupolas, steeples, chimneys, silos, utility poles, or other structures so as not to be visible.
F. 
Minimum land area for tower site. The tract of land on which the tower is to be located shall not be less than two acres.
G. 
Minimum setback requirements. All towers shall meet the minimum setback requirements for the underlying zone. In addition, so as to minimize the risks associated with collapse or upset, the following standards shall be met:
(1) 
A new tower, including guy wire anchors, shall not be located within 500 feet of an existing residence or proposed residence with a valid building permit as of the date of the submittal of the proposed tower application, or any other buildings or structures, except supporting or accessory buildings;
(2) 
No new tower shall be located within 500 feet of a playground, school, day-care, or outdoor recreational facility; and
(3) 
No new tower shall be located in or within 500 feet of an historic district.
H. 
Structures, supporting or accessory structures and guy wire anchors. All structures, including supporting or accessory structures, such as buildings for power or controls, and guy wire anchors shall comply with all applicable zoning standards, including setbacks and percentage of lot use.
I. 
Signage. No signs or advertising shall be permitted on any tower or antenna, except that "No Trespassing," warning, and ownership signs are permitted at ground level.
J. 
Design for multiple users. The proposed support structure, building and electrical utilities shall be required to accommodate multiple users to the extent practical. These users shall include other wireless communication companies, business, municipal public safety and emergency services. If co-users are not known at the time of application, applicants may base design for consumer equipment requirements similar to their own.
K. 
Tower and tower construction standards. A proposed tower shall be designed and constructed to all applicable standards of the American National Standards Institute, as amended.
L. 
Licensed carrier required. A special exception will not be considered or granted for a tower built on speculation. The applicant must provide written evidence that at least one licensed carrier has agreed to lease space on the proposed tower.
M. 
Rooftop or facade antennas installations. For wireless telecommunication facilities where the antennas are mounted on the rooftop or facade of a nonresidential building, a scaled plan and elevation drawing showing where and how the proposed antenna and mounting supports will be affixed to a particular building or structure shall be submitted. In addition, the following standards shall be met:
(1) 
Equipment cabinets and sheds shall meet the requirements of these regulations;
(2) 
Facilities shall be of a material or color matching the exterior of the building and shall blend into the existing architecture;
(3) 
Facade-mounted antennas shall not protrude above the building structure and shall not project more than three feet beyond the wall or facade; and
(4) 
Roof-mounted antennas shall be set back from the front or side roof edge a minimum of 10 feet or 10% of the roof width, whichever is greater.
N. 
Signal interference. The structure shall not cause interference with television, radio, or other signals in the area and shall comply with all state and federal standards with regard to electromagnetic radiation and interference, ionizing radiation, or health hazards or threats.
O. 
Facility security. The tower structure shall be so guarded as to prohibit trespass either by the use of a fence or anticlimbing shields or devices.
P. 
Lighting. Any lighting on the structure shall be shielded to prevent glare onto neighboring properties.
Q. 
Signage. The premises shall bear a sign not exceeding four square feet in area nor higher than six feet off the ground with the name and phone number of a person responsible for the maintenance or operation of the facility in case of emergencies. Such sign shall be visible from outside the premises and shall contain data identifying the tower location.
R. 
Accessory buildings and cabinets. All accessory buildings and cabinets associated with wireless telecommunication facilities shall comply with the following:
(1) 
Within residential zones, the accessory building shall not exceed 450 square feet of gross floor area and shall have a roofline characteristic of other buildings in the vicinity. Only one building per facility is allowed in residential zones;
(2) 
Each building shall comply with the setback requirements for accessory buildings for the zoning district in which it is located;
(3) 
If located on the roof of a building, it shall be designed to blend with the color and design of the building to the extent possible;
(4) 
All ground-level buildings, boxes or cabinets shall be surrounded by a chain link or comparable fence and landscaped with a visual border of evergreen trees at least six feet in height that are drought and deer resistant; and
(5) 
All utilities shall be underground.
S. 
Duration of permit. The permit shall be for a duration of five years and renewable upon application to the Commission.
T. 
Removal if not in use. A wireless telecommunication facility that is not in use for 12 consecutive months shall be removed by the facility owner at its expense. This removal shall occur within 90 days of the end of such twelve-month period. The Commission may request a bond or other surety satisfactory to the Town of Killingworth to guarantee removal, which shall be reviewed and renewed every two years.
In addition to other appropriate review standards found in these regulations, the Commission, in reviewing applications for wireless telecommunication facilities, shall consider:
A. 
Intrusiveness. Whether the proposed facilities represent the least intrusive means of providing the coverage needed for the given service area.
B. 
Alternative sites. Detailed analysis of alternative sites, structures, antennas, and access.
C. 
Detailed propagation analysis. Detailed propagation and antenna separation analysis relative to tower height.
D. 
Tower sharing or co-location. Tower sharing or co-location to facilitate the telecommunication needs of municipalities, emergency services and other entities in order to reduce the need to construct additional towers. The Commission reserves the right to require the applicant to achieve tower sharing.
[Amended 6-3-2008]
E. 
Structure type and height. Assessment of tower structure type and height.
F. 
Mitigation of visual impact. Achievement of design characteristics and architectural treatments that mitigate, reduce or eliminate visual impacts on adjacent areas.
G. 
Future use. Consideration of future use or reuse of the site, with provisions for facility removal and site restoration.