Wireless telecommunication sites, facilities and services may be permitted by special use permit provided the provisions of Article XIV are compiled with and provided the specific requirements and criteria of this article are met.
This article is designed to provide, with due
consideration given to the Telecommunication Act of 1996, for the
establishment and/or expansion of wireless telecommunication services
within the Town of Orange while protecting neighborhoods and minimizing
the adverse visual and operational effects of wireless telecommunication
facilities through careful design, siting and screening. More specifically,
this regulation has been developed in order to:
A.
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;
B.
Encourage providers to co-locate their facilities
on a single tower, or single site;
C.
Reduce the number of antennas or towers needed in
the future;
D.
Minimize the location of facilities in visually or
environmentally sensitive areas;
E.
Encourage creative design measures to camouflage facilities;
F.
Protect historic and residential areas from potential
adverse impacts of communication towers;
G.
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
For the purpose of applying the provisions of
this article, the terms below shall be defined as follows:
Man-made trees, clock towers, bell steeples, light poles,
flagpoles and similar alternative design mounting structures that
camouflage or conceal the presence of telecommunications antennas,
towers or devices.
A device used to receive or transmit electromagnetic waves.
Examples include, but are not limited to, single poles known as whip
antennas, panel antennas and dish antennas.
Locating wireless communication facilities from more than
one provider on a single site.
The area or location within which a tower or mounted antenna
would drop, slide or settle in the event the tower or antenna is blown
from its support structure, collapses or is otherwise dislodged from
its foundation or its mounting.
The vertical distance measured in feet from the average existing
level of the ground surrounding the tower and within 10 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.
The building accessory to a telecommunications tower in which
the electronic receiving equipment and relay equipment in support
of providing wireless telecommunication services is located.
A structure that is intended to support equipment used to
receive and/or transmit electromagnetic waves, including, but not
limited to, telephone, radio, television, telecommunication, personal
communication services or other communication systems. Towers shall
include, without limitation, transmission towers, common carrier towers
and cellular towers. Design examples of towers include self-supporting
lattice, guyed and monopole.
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.
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.
The following uses which generally pose minimum adverse visual effect shall be permitted subject to site plan requirements and the standards set forth in § 383-157.
A.
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 Orange Town Plan and
Zoning Commission as part of the site plan review.
B.
Wireless telecommunication 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 met:
(1)
No changes are made to the height of such structure.
(2)
No panel antenna shall exceed 72 inches in height
and 24 inches in width.
(3)
No dish antenna shall exceed three feet in diameter.
(4)
All accompanying equipment buildings or boxes shall
be screened and fenced as approved by the Orange Town Plan and Zoning
Commission as part of the site plan review.
Antennae shall be located in a manner to most
effectively comply with the following location preferences in meeting
the telecommunication service needs of the applicant:
A.
In all preference categories location on Town of Orange
owned land or buildings shall take priority over other locations.
B.
On existing structures such as buildings, smoke stacks,
water towers and ground signs.
C.
On existing or approved towers.
D.
On new towers located on property occupied by one
or more existing towers.
E.
On alternative tower structures in industrial districts
in the following order of priority: Light Industrial District LI-1,
LI-2, LI-3.
F.
On new towers in industrial districts in the following
order of priority: Light Industrial District LI-1, LI-2, LI-3.
G.
On alternative tower structures in commercial districts
in the following order of priority: Commercial C-1 and C-2, and Local
Shopping Center LSC.
H.
On new towers in commercial districts in the following
order of priority: Commercial C-1 and C-2, and Local Shopping Center
LSC.
I.
On alternative tower structures in the Business Office
Park District or Office Park District.
J.
On new towers located in the Business Office Park
District or Office Park District.
K.
On alternative tower structures located in the residential
district.
L.
On new towers located in the residential district.
In addition to the submission requirements of Article XIII, all proposals for wireless telecommunication sites and facilities permitted by site plan review under § 383-152 shall contain the following supplemental information:
A.
A plan showing where and how the proposed antenna
will be affixed to a particular building, structure or tower.
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.
E.
Details of all proposed fencing including color.
F.
A landscape/buffering and a lighting plan.
G.
An engineering report of the structural integrity
of the tower or other structure and its ability to support the proposed
antenna or antennas.
In addition to the submission requirement of Article XIV, all proposals for wireless telecommunication sites and facilities requiring special permit approval under § 383-153 shall contain the following supplemental information:
B.
A design drawing including cross section and elevation
of all proposed towers. A description of the tower's structural integrity
and load 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.
C.
A geotechnical report of soil borings by a licensed
professional engineer demonstrating the appropriateness of proposed
design specifications for any tower foundation, support structures,
anchors, etc.
D.
A report from a licensed professional engineer indicating
that the installation of such site will not interfere with public
safety communications, radio or television transmissions or other
existing communication systems and meets all standards of the Federal
Communication Commission.
E.
An analysis of the fall zone for the proposed tower
prepared by a licensed professional engineer.
F.
All applications shall include 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.
G.
A report or letter from the Federal Aviation Administration
that the proposed tower complies with all airport safety requirements.
H.
A map depicting the extent of the provider's planned
coverage within the Town of Orange and nearby towns, approved or proposed
locations in nearby towns and the service area of the proposed wireless
telecommunication site.
I.
A map indicating the search radius for the proposed
wireless telecommunication site, including all existing and potential
sites which have overlapping search area radius, and a description
of the narrowing process that eliminated other potential sites in
sufficient detail to demonstrate the rationale for such determination.
J.
A current radio frequency coverage map showing the
area to be served before the addition of the new wireless telecommunication
site and after in sufficient detail for an engineer to determine signal
levels from the map.
K.
A study of the results of drive-out tests to confirm
or refute coverage maps.
L.
Submission by the applicant of the applicant's records
of the number of calls dropped, failed hand-offs between existing
antennae in the area and number of mobile reorders.
M.
A view shed analysis showing all areas from which
the tower would be visible. The analysis also shall describe efforts
that have been made to avoid prominent ridge lines and plans that
have been made to screen the proposed site, camouflage proposed facilities
and otherwise minimize adverse visual impacts.
N.
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.
O.
All applications shall include information on the
status of any application filed or to be filed with the Connecticut
Siting Council.
Each wireless telecommunication site located
in a Residence District and containing a tower shall comply with the
following requirements:
A.
D.
Building size: The lot coverage area of all buildings
for wireless telecommunication services shall not exceed 100 square
feet for each antenna located on a tower.
A.
No tower shall be located within 200 feet of an existing
dwelling, or school building or within 125% of the demonstrated and
proven fall zone for the proposed tower of any other building except
the equipment building or buildings servicing the tower.
B.
No tower shall be located within 200 feet of the boundary
of an existing approved historic district or a site on the national
registry of historic places.
C.
No lights shall be mounted on proposed towers unless
otherwise required by the FAA or applicable law. All strobe lighting
shall be avoided if possible. Any required lights on a tower shall
be directed upwards as much as possible. There shall be no outdoor
lights in use except while a person is on the site and there shall
be no direct light beyond the property line.
D.
Towers not requiring special FAA painting or markings
shall be noncontrasting blue or grey or other unobtrusive color as
approved by the Commission.
E.
Towers may not be used to exhibit any commercial signage
or other advertising.
F.
Any proposed tower shall be designed in all respects
to accommodate both the applicant's antennas and comparable antennas
for at least three additional users if the tower is over 150 feet
in height, or for at least two additional comparable antennas where
the tower is at least 100 feet but less than 150 feet in height, or
for at least one additional comparable antenna if the tower is at
least 50 feet 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
varying heights.
G.
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.
H.
No proposed wireless telecommunication site shall
be designed, located or operated as to interfere with public safety
communications.
I.
The design of all wireless telecommunication sites
shall comply with the standards promulgated by the FCC for non-ionizing
electromagnetic emissions. A report shall be provided from a Connecticut
licensed engineer in the field of telecommunications broadcasting
indicating that the proposed wireless telecommunication site will
comply with said emission standards.
J.
All utilities proposed to serve a wireless telecommunication
site shall be installed underground unless otherwise approved by the
Commission.
K.
All generators installed in conjunction with any wireless telecommunication site shall be sound attenuated and shall comply with all state and local noise regulations, including the performance standards of Article XVII of these Zoning Regulations.
L.
All towers located in a residential zone shall be
of alternative tower or monopole design.
M.
Any telecommunication equipment building in a residential
zone or on a lot adjacent to a residential zone shall be made to look
like a residential building with a pitched roof.
N.
Appropriate trees and other vegetation as approved
by the Commission shall be planted and maintained to screen a tower
and any equipment buildings from view from nearby residences and roads.
Existing trees and vegetation should be used as much as possible to
provide this screening.
A.
In the case where an application for the proposed location of a wireless telecommunication site is not a preference § 383-154A through C location, no permit may be issued unless the Commission finds that a higher preference location is not technologically, legally or economically feasible. Such finding shall be based upon the applicant having adequately described the efforts and measures taken to pursue those preferences and having provided an adequate explanation as to why a higher preference location was not technologically, legally or economically feasible. The documentation supplied by the applicant to assist the Commission shall include an evaluation of the following factors:
(1)
Whether the planned equipment would cause unacceptable
interference with the operation of other existing or planned equipment
on an existing or approved tower and whether the interference can
be prevented or eliminated at a reasonable cost as documented by a
Connecticut licensed engineer in the field of telecommunications broadcasting.
(2)
Whether the planned equipment cannot be accommodated
on existing or approved towers due to structural deficiencies and
whether such deficiencies cannot be eliminated at a reasonable cost,
as documented by a Connecticut licensed engineer, in the field of
telecommunications broadcasting.
(3)
Whether the existing or planned equipment on an existing
or approved tower would cause unacceptable interference with the equipment
proposed by the applicant and whether the interference cannot be prevented
or eliminated at a reasonable cost as documented by a Connecticut
licensed engineer in the field of telecommunications broadcasting.
(4)
Any restriction or limitation imposed by the FCC.
B.
In the case where the proposed location is located in or within 200 feet of a Residence District, the applicant must present clear, compelling and substantial evidence as to why a higher preference location was not technologically, legally, or economically feasible, including not only the factors set forth in Subsection A(1) through (4) above, but an analysis of each potential site or sites in a nonresidential district upon which a tower or towers could be located and provide the same coverage and a complete analysis as to why each such location or locations were not technologically, legally or economically feasible based on the criteria set forth in this § 383-157.
C.
The Commission in its discretion may hire an engineer, to be paid by the Applicant, to review the reports, documentation and data submitted by the applicant and to provide a report as to the availability and feasibility of alternate locations where the proposed tower location is not a priority § 383-154A, B or C location.
A wireless telecommunication site that is determined
by the Commission or its agent to be not in use for 12 consecutive
months shall be removed by the service facility owner. The Commission
shall send the service facility owner a notice of abandonment by certified
mail. This removal shall occur within 90 days of the date that the
notice of abandonment is sent. Upon removal the site shall be restored
to its previous appearance and where appropriate revegetated to blend
with the surrounding area.
Any telecommunication tower, facility or building
that has as a co-applicant the Town of Orange may be exempted from
such provisions of these regulations as the Commission may determine
is in the best interests of the town.
