A.
In balancing the interests of Town residents, tower
contractors, telecommunications providers and telecommunications customers,
and for the general health, safety and welfare of the public, these
regulations are intended to:
(1)
Provide for the appropriate location and development
of communications towers by maximizing the use of any new and existing
towers, minimizing the need for new towers, encouraging the use of
alternative tower structures or tower sites, and minimizing the number
of towers in the Town. (Note: The term "existing towers" includes
towers already constructed and in use, as well as towers submitted
to the Town/St. Mary's County Department of Planning and Zoning for
review and approval. The Department of Planning and Zoning will continuously
maintain a list of existing towers, including owner points of contact,
and shall make this list available to all new tower applicants.)
(2)
Avoid potential damage to adjacent properties from
tower or antenna failure through engineering and careful siting of
tower structures and antennas; and
(3)
Minimize the adverse visual impacts of communications
towers through careful siting, design, screening and camouflaging.
(4)
Ensure that proposed siting and development of communications
towers is done in a reasonable manner, not to the detriment of the
zone in which it is located, and is not contrary to the intent of
the Comprehensive Plan.
B.
General requirements.
(1)
All communications towers, structures and equipment
shall meet or exceed current standards and regulations of the FAA
and the FCC. Pursuant to Federal Communications Commission Regulations
1.1301 through 1.1319, as amended from time to time, communications
towers shall be subject to the provisions of the National Environmental
Policy Act (NEPA).
(2)
Approval of proposals for tower construction shall
be subject to satisfactory completion of an aeronautical study. Applicants
shall file a notice of proposed construction or alteration, FAA Form
No. 7460-1 (as amended from time to time) with the Federal Aviation
Administration as required by the FAA or applicable federal law, and
forward copies of the form and any FAA response received, via first-class
mail, postage prepaid, to the Commissioners of Leonardtown/Planning
and Zoning, P.O. Box 1, Leonardtown, Maryland 20650; to the Department
of the Navy, Commanding Officer, Naval Air Station, 22268 Cedar Point
Road, Unit NASAD, Patuxent River, Maryland 20670-1154; to St. Mary's
County Department of Planning and Zoning, P.O. Box 653, Leonardtown,
Maryland 20650; and to the County's Airport Manager, P.O. Box 653,
Leonardtown, Maryland 20650.
(3)
To the extent permitted by law, no tower or equipment
or antennas attached thereto shall cause localized interference with
reception of television and radio broadcasts, nor shall any tower
or equipment or antennas attached thereto interfere with existing
lines of communication used for public safety purposes.
C.
Commercial communications towers.
(1)
Commercial communications towers shall in all cases
require special exception use approval by the Town Board of Appeals
in the I-O Zoning Districts.
(2)
The application submitted by the applicant to the Planning and Zoning Commission and to the Town Board of Appeals shall satisfactorily address the requirements of special exception use applications as defined by this Chapter 155 for any special exception whatsoever, as amended from time to time, and shall in addition include the following:
(a)
A system design plan that shall include, at
a minimum, radio frequency parameters, tower height, number and location
of antennas on the tower, radio frequency output, effective radiated
power and azimuth antenna type;
(b)
Signal coverage/propagation map of the area
to be served by the proposed tower;
(c)
Signal coverage/propagation map showing coverage
area available under existing towers, proposed towers already submitted
for review and approval, and antennas/equipment installed on other
structures (water towers, buildings, etc.);
(d)
Evaluation of the tower's relationship to other
antenna sites, existing buildings taller than 50 feet, communications
towers and water tanks within a one-mile radius of the proposed tower;
(e)
A detailed engineering analysis of the proposed
new tower, including a summary of the proposed tower's capacity to
provide space for future collocation by others;
(f)
Federal Communications Commission review, evaluation
and approval under the National Environmental Policy Act of 1969,
applicable Federal Communications Commission regulations and standards
through the Office of Engineering and Technology as required by federal
law;
(g)
Identification with specificity of the type
of tower to be constructed and the proposed materials to be used in
the construction of the tower;
(h)
The design of the proposed tower shall be sealed
by a licensed engineer licensed to practice in the State of Maryland;
(i)
Identification of all noise, odor and other
potential nuisance-producing facilities, appurtenances and/or outbuildings,
or the like, that are associated with the proposed use;
(j)
Identification of the maximum number of antennas
that can be safely placed upon the tower;
(k)
An elevation drawing, depicting the tower at
its proposed height, with all planned antennas/equipment shown; and
(l)
A visual impact study, including photo-simulations,
demonstrating that a proposed tower shall not unreasonably interfere
with the view of, or from, sites of significant public interest such
as a public park, a state-designated scenic road, a structure on the
historic sites survey, an historic district, or water views located
within one mile of the proposed tower site. The Planning and Zoning
Commission or the Town Board of Appeals may require the applicant
to conduct balloon tests and to submit additional photo-simulations
documenting the visual impact the proposed tower may have on surrounding
sites.
(3)
Collocation feasibility; alternatives analysis.
(a)
The applicant for a new commercial communications
tower shall demonstrate to the Planning and Zoning Commission/Board
of Appeals that collocation on existing commercial towers, public
safety towers, or other appropriate structures is not feasible. Feasibility
shall be demonstrated by an analysis and explanation prepared by the
applicant which identifies any reasonable, technically feasible, alternative
locations and/or facilities which would provide the proposed communications
service and a structural analysis indicating that no existing or proposed
tower can be structurally modified to meet the applicant's needs.
Replacement of an existing approved tower with a new tower on the
same site shall be an alternative addressed in the analysis.
(b)
The intention of the alternatives analysis is
to present alternative strategies which would minimize the number,
size and adverse environmental and public safety impacts of facilities
necessary to provide the needed services to the Town/county. The analysis
shall address the potential for collocation at an existing or a new
site and the potential to locate facilities as close as possible to
the intended service area. It shall also explain the rationale for
selection of the proposed site in view of the relative merits of any
of the feasible alternatives. Physical constraints may be considered,
but will not be determinative. Approval of the project is subject
to the Town Board of Appeals making a finding that the proposed site
results in fewer or less severe impacts than any feasible alternative
site.
(c)
Collocation is not deemed possible if the Board
of Appeals finds that:
[1]
Planned equipment would exceed the structural
capacity of existing and approved towers or towers proposed to be
constructed, considering existing and planned use of those towers,
and such towers cannot be structurally modified or reinforced to accommodate
planned or equivalent equipment. In the case of existing towers owned
by the applicant, the applicant shall have demonstrated to the Planning
and Zoning Commission or the Board of Appeals that a new (replacement)
tower cannot be constructed on the existing approved site to satisfy
its new requirements;
[2]
Planned equipment will cause interference with
other existing or planned equipment for the tower, and the interference
cannot be prevented;
[3]
Existing, approved towers, or towers proposed
to be constructed, do not have space on which planned equipment can
be placed so as to function effectively; or
[4]
Existing, approved towers, or towers proposed
to be constructed, will not provide significant signal coverage sought
by the applicant.
(4)
The tower shall be constructed so as to provide adequate
capacity for future collocation of other commercial and/or government-operated
antennas, unless the applicant demonstrates why such design is not
physically feasible. The system design plan shall delineate areas
near the base of the tower to be used for the placement of additional
equipment buildings for other users.
(5)
No signals, lights or illumination shall be permitted
on the tower unless required by the Federal Communications Commission,
the Federal Aviation Administration or the Town.
(6)
No commercial advertising or other signage shall be
permitted on the tower.
(7)
All obsolete or unused facilities, including buildings,
towers, and all other improvements associated with the tower, shall
automatically be deemed abandoned upon 24 months of continuous cessation
of operations and shall be removed at such time without cost to the
Town.
(8)
Towers shall be constructed at the minimum height
required to obtain significant signal coverage. Towers exceeding a
height of 199 feet above existing grade shall require detailed engineering
justification, documenting the basis for determining that a taller
structure is required. Towers exceeding 199 feet above existing grade
may also be justified by demonstrating that the existence of previously
approved tower(s) in the vicinity of the proposed site serves to mitigate
visual impacts, or that a single (taller) tower will reduce adverse
visual impact by replacing multiple existing towers.
(9)
The site shall be of sufficient size (at least 7,500
square feet) to protect adjacent properties from harmful effects,
and of a size sufficient to meet Health Department standards if water
and sanitary facilities are provided. The site plan shall depict the
tower site and all adjoining properties; means of ingress/egress;
and setback for collapse radius.
(10)
Antennas or towers shall be at least a distance
which is equal to 100% of the height of the tower from any residence,
historic site, building or other facility not associated with the
tower site. If the setback is to be on an adjoining property, a notarized
statement of agreement must be obtained from the adjoining property
owner. A reduced setback, equal to the designed radius for self-collapsing-type
towers, may be authorized. A signed and sealed plan shall be submitted
by a registered professional engineer, registered in the State of
Maryland, in order to qualify for the reduced setback. The plan shall
indicate the designed radius for collapse of the tower. The reduced
setback shall be equivalent to the designed collapse radius or equal
to 50% of the height of the tower, whichever is greater and approved
by the Board of Appeals.
(11)
The tower site shall be buffered from adjoining
properties with at least a B buffer per Chart B, attached hereto.[1]
[1]
Editor's Note: Chart B, Bufferyard Standards, is included at the end of this chapter.
[Added 8-10-2020 by Ord.
No. 199]
A.
Subject to the following conditions, small wireless facilities and
support structures therefor shall be a permitted use in all Zoning
Districts:
(1)
Any person desiring to install a small wireless facility, including
any support structure, in, upon or over private property shall first
obtain approval from the Council. All applications for small wireless
facilities, including any support structures, shall be referred to
the Planning and Zoning Commission for review and recommendations
prior to being considered by the Council.
(2)
An applicant desiring to install a small wireless facility in,
upon or over private property shall provide the following information:
(a)
A technical description of the small wireless facility and support
structure along with detailed diagrams accurately depicting all components
and equipment;
(b)
A detailed description of the design, location and installation
timeframe for the small wireless facility and any support structure;
(c)
An engineering certification;
(d)
A statement describing the applicant's intentions with respect
to collocation, if applicable, with collocation being preferred and
more favorably viewed;
(e)
A statement demonstrating the applicant's ability to comply
with all applicable safety standards;
(f)
If the applicant is not the owner of the subject property, an
executed attachment agreement with the property owner;
(g)
A decommissioning plan; and
(h)
Such other information as the Planning and Zoning Commission
and/or Council may require.
B.
Requirements and findings. Small wireless facilities and support
structures proposed to be located in, upon or over private property
shall meet the following requirements:
(1)
Support structures shall:
(a)
Comply with all applicable structural and safety standards;
(b)
Not obstruct pedestrian or vehicular flow or sight lines;
(c)
Including antennae and other appurtenances, not exceed the average
height of the existing streetlight poles or utility poles within the
area extending 500 feet in any direction from the proposed structure;
(d)
Be designed to accommodate the collocation of at least one other
small wireless facility to the extent technologically feasible;
(e)
If metal, be treated or painted with nonreflective paint, and
in a way to conform or blend with the surroundings; and
(f)
Comply with the Leonardtown Small Wireless Facility Design Guidelines
adopted by resolution of the Council to the maximum extent practicable,
along with such other requirements and conditions as the Planning
and Zoning Commission and/or Council may deem appropriate to impose.
(2)
All small wireless facilities shall be located, designed and
operated in accordance with all applicable local, state and federal
laws and regulations and to minimize visual impact on surrounding
properties to the maximum extent practicable and shall otherwise comply
with such requirements and conditions as the Planning and Zoning Commission
and/or Council may deem appropriate to impose.
(3)
Small wireless facilities shall not be located in an area where
there is an over-concentration of small wireless facilities.
(4)
The location selected and the scale and appearance of the small
wireless facility shall be consistent with the general character of
the neighborhood. Applicants shall follow the Leonardtown Small Wireless
Facility Design Guidelines to the maximum extent practicable.
(5)
Small wireless facilities located in a residential Zoning District
shall not generate any noise.
(6)
Support structures shall comply with the building setback provisions
of the applicable Zoning District. In addition, the minimum setback
distance from the ground base of any new support structure to any
property line, sidewalk, street or public recreational area shall
be the height of the support structure, including any antennae or
other appurtenances. This setback is considered a "fall zone."
(7)
The height of any new support structure, including any antennae
or other appurtenances, shall not exceed the average height of the
existing streetlight poles or utility poles within the area extending
500 feet in any direction from the proposed support structure.
(8)
A small wireless facility and/or support structure shall be
lighted only if required by the Federal Aviation Administration. Lighting
of equipment shelters and other facilities on site shall be shielded
from other properties.
(9)
If metal, the support structure must be treated or painted with
nonreflective paint and in a way to conform to or blend in with the
surroundings.
(10)
The small wireless facility and support structure shall be used
continuously for wireless communications. In the event the small wireless
facility and support structure cease to be so used for a period of
six months, the Council may revoke any approval granted pursuant to
this section. The individual or entity to whom such approval has been
granted shall be responsible for removing the small wireless facility
and any support structure within 45 days following such revocation.
Any portion of the small wireless facility and/or support structure
which has not been removed within 45 days following such revocation
shall be considered abandoned and may be removed and disposed of by
the Town, with all such costs to be the sole responsibility of the
individual or entity to whom the special exception was granted.
(11)
In addition to the other criteria required hereunder, the Planning
and Zoning Commission shall not provide a favorable recommendation
for, and the Council shall not approve, an application for a small
wireless facility when, in its sole judgment, sufficient capacity
no longer exists for additional small wireless facilities to be placed
in the proposed location without jeopardizing the physical integrity
of other small wireless facilities, support structures or other utilities
already present in the proposed location.
