15.1 – Purpose
The intent of this section is to make provisions to permit the location of wireless communication towers, antennae and facilities in the Town of East Hampton, while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless communications facilities. More specifically, the purposes are:
1. To encourage the joint use of any new or existing towers.
2. To accommodate the need for wireless communications antennas while regulating their location and number.
3. To encourage creative design measures to minimize adverse visual effects of wireless communications facilities through property design, siting and vegetative screening.
4. To avoid potential damage to adjacent properties from tower failure or from falling ice through engineering and careful siting of towers.
5. To site facilities below visual ridgelines.
6. To reduce the number of antennas or towers needed in the future.
15.2 – Definitions
The following terms and concepts are used throughout this section.
Antenna(s) - A device used in communications which transmits or receives telecommunications or radio signals. Examples include panel, whip and dish antennas.
Band - A clearly defined range of radio frequencies dedicated to a particular purpose.
Channel - A segment of a frequency band. Also referred to simply as "frequency".
Co-location - Locating wireless communications equipment from more than one provider on a single tower. This reduces the need to build a new communications tower. A co-located telecommunication facility may include accessory structures such as cabinets and sheds for associated telecommunication equipment.
Common Carrier - A public radio service in which a single licensee provides one-way or two-way service to multiple users.
Communications Facility - A land use facility supporting antennas and microwave dishes that send and/or receive radio frequency signals.
Communications Tower - A structure that is intended to support antennas and other telecommunications equipment in the provisions of wireless telecommunications service. Examples include monopoles, lattice and guyed towers.
Digital Technology - Digital technology converts voice and data messages into digits that represent sound intensities at specific points of time and data content.
Dish Antenna - A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
Electromagnetic Field (EMF) - The local electric and magnetic fields that envelop the surrounding space. The most ubiquitous source of EMFs is from the movement and consumption of electric power, such as with transmission lines, household appliances and lighting.
FAA - Federal Aviation Administration
Federal Communications Commission (FCC) - The Federal agency responsible for licensing and regulating wireless communications providers. The FCC has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.
Interference - Disturbances to reception caused by radio frequency waves or other electric fields.
Monopole - A structure composed of a single spire used to support communications equipment.
Panel Antenna -An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular device approximately six (6) square feet in size, also called directional antennas.
PCS - Personal Communication Service(s)
Radio - A generic term referring to communication impulses, sounds, and pictures through space by means of electromagnetic waves.
Wireless Telecommunication Facility -Antenna, telecommunication equipment, communications towers, monopoles and/or other support structures used together in conjunction with the provision of wireless communications services. These services may include, but are not limited to cellular communications, personal communications services and paging.
15.3 - Location Preference & Priority
The order of locations shall be in the following priority:
1. On existing structures such as buildings, smokestacks, water towers and ground signs.
2. On existing or approved towers.
3. In industrial and commercial zones where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.
4. On new towers on bare ground with visual mitigation in Commercial, Industrial, and Design Development zones.
5. On new towers in the R4, R3 and R2 residential zones, where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.
15.4 - Permitted Uses
The following uses, which generally pose minimum adverse visual effect, shall be deemed permitted uses in all zoning districts subject to Sections 15.5-15.10 of these regulations.
1. Commercial 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 met:
a. No changes are made to the height of such structure.
b. No panel antenna shall exceed sixty (60) inches in height and twenty-four (24) inches in width.
c. No dish antenna shall exceed 1 meter (39.4 inches) in diameter.
d. All equipment buildings or boxes shall be subject to Section 15.8 of these regulations.
2. Commercial wireless telecommunication facility structure mounted to the rooftop or façade of a building in any non-residential zone, provided the following standards are met:
A. These structures include: panel antennas, not to exceed sixty (60) inches in height, twenty-four inches in width and/or six inches in depth; whip antennas, not to exceed forty-eight inches in height; and/or dish antennas not to exceed one meter in diameter.
B. The shed used for the housing or equipment does not exceed one hundred and fifty square feet in area nor exceed eight feet in height and/or cabinets used for the housing of equipment shall not exceed of sixty inches in height by sixty inches in width by sixty inches in depth.
C. No change is made to the height of existing structure.
D. All telecommunications structures shall be shielded from view from all surrounding streets and driveways used by the general public.
E. Shall be of a material or color which matches the exterior of the building or structure.
F. Façade mounted structures shall not protrude above the building structure and roof top structures shall not exceed the rooftop by more than ten (10) feet.
3. Commercial wireless telecommunication sites where a monopole tower is located on property occupied by one or more existing towers, provided the following standards are met:
A. All attempts are first made to co-locate the antenna on existing poles and towers.
B. The height of the tower to be constructed shall not exceed the height of the tallest tower on the property.
D. All accompanying equipment buildings and/or boxes shall be screened and fenced as required in Section 15.8 of these regulations.
15.5 – Special Permit Uses
The Planning and Zoning Commission may grant a special permit in accordance with Section 29 of these regulations, authorizing the establishment of a wireless telecommunication facility in the R2, R3, R4, DD, I or C zones. The establishment of a wireless telecommunication facility shall be in conformance with sections 15.6-15.10 of these regulations and shall comply with the following:
1. A wireless telecommunication provider shall co-late on existing communication towers, whenever possible.
2. All structures, excluding the communication tower, associated with wireless telecommunication facilities shall not exceed the height requirements of the zoning district in which the structure is located.
3. No facility shall be located within two hundred (200) feet of an existing building.
4. All equipment building/boxes or equipment areas shall comply with the minimum property line setbacks for a principal building in the underlying zone.
5. Towers shall be structurally designed to provide for co-location by at least three users.
6. The Planning and Zoning Commission, at its sole discretion, may require the technical expertise and study of an independent third party when reviewing either a special permit or site plan application pertaining to wireless communication facilities. The cost of third party technical studies shall be incurred by the applicant. The location of al structures associated with wireless communication facilities shall be subject to site plan approval in accordance with Section 15.6 of these regulations.
15.5 Site Plan/Application Requirements
15.6.1- All applications shall meet the standards as described in Sections
15.6 - 15.10 of these regulations and each applicant shall include a map showing:
1. The extent of the provider's planned coverage within the Town of East Hampton
2. The location and service area of the proposed wireless telecommunication site
3. The search radius for the proposed wireless telecommunication site support materials that show the location of tall structures within one-quarter mile radius of the site proposed and that the owners of those locations have been contacted and asked for permission to install the antenna of those structures and denied for other than economic reasons.
4. Existing and approved locations of all other telecommunication sites in the Town of East Hampton, including the applicants
5. Existing towers owned/used by applicant within one-half mile of the borders of the Town of East Hampton.
15.6.2 - Other General Requirements:
1. A plan showing where and how the proposed antenna will be affixed to a particular building or structure.
2. Details of all proposed antenna and mounting equipment including size and color
3. Elevations of all proposed shielding and details of materials including color
4. The elevation of all proposed equipment buildings/structures with details of all proposed fencing including color
5. All proposed landscaping with list of plant material
6. Height of the tower
7. Proximity of tower to residential structures and residential district boundaries
8. Nature of uses on adjacent and nearby properties
9. Surrounding topography; within 1,000 feet, at intervals not exceeding five (5) feet
10. Design of the tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness
11. A design drawing including cross section and elevation of all proposed towers
12. A topographic profile showing the proposed tower and its associated equipment from adjoining properties
13. Proposed ingress and egress from the site
14. A soil report shall be submitted to verify the design specifications of the foundation of thetower and anchors for the guy wires, if used
15. The commission may require that applicants provide simulations of tower locations and impact. Such simulation may entail the tethering of balloons or other devices necessary to visualize the proposed facility
15.7 - Tower and/or Antenna Standards
The following standards for towers, rooftop-mounted antenna, and façade mounted antenna must be as follows:
A. Towers
1. The tower shall be designed and constructed to all applicable standards of the American National Standards institutes, ANSI/EIA-222-E manual, as amended.
2. The proposed support structure shall be required to accommodate a minimum of three users, including other wireless communication companies and local police, fire and ambulance companies unless it is determined to be technically unfeasible based on information submitted by the applicant.
3. Towers not requiring special FAA painting or markings shall be painted a non-contrasting dull blue, grey, or other neutral color.
4. No tower shall be located on municipally owned land designated as open space or for recreational use.
5. All towers in residential zones shall be a monopole design unless specifically approved by the Commission. A monopole tower shall be designed to collapse upon itself.
6. No signs shall be permitted on any tower or antenna.
7. No lights or illumination shall be permitted unless required by the FCC or FAA
8. The tower shall be surrounded by a chain link fence or wall not more than eightfeet in height. If barbed wire is included in the fence, it shall be within the eight foot height limit.
9. Tower under antenna shall be the minimum height necessary to satisfy the technical requirements of the proposed telecommunications facility and future uses.
10. All towers must comply with setback requirements of the zones in which they exist.
11. All towers in all zones shall not be closer than the height of the tower, plus 25%, from any property line.
B. Rooftop Mounted Antenna:
1. .Shall be attached to a non-residential structure or building, which building or structure is the principal building or structure on the lot.
2. Shall be of a material or color which matches the exterior of the building or structure
3.Shall be exceed a height of ten feet above the highest part of the structure or building
4. Shall be set back from the roof edge a minimum of ten feet or 10% of the roof depth, whichever is greater
5. Satellite and microwave dish antennas shall not exceed six feet in diameter and shall be located or screened so as not to be visible from abutting public streets.
6. Shall not occupy more than twenty-five percent of the roof area.
C. Facade Mounted Antenna:
1. Shall be attached to a non-residential structure or building, which building or structure is the principal building or structure on the lot.
2. Shall project not more than two feet beyond the wall or façade of the structure
3. Shall not project more than five feet above the cornice line.
15.7 - Equipment Building Standards
All accessory buildings associated with wireless communication facilities shall comply with the following:
1. Each building/structure shall not contain more than 150 square feet of gross floor area or be more than eight feet in height.
2. Shall comply with the setback requirements for accessory buildings for the zone in which it is located.
3. If located on the roof of a building, shall be designed to blend with the color and design of the building to the extent possible.
4. All equipment building/boxes shall be surrounded by a chain link fence and the area landscaped.
15.8 - Maintenance Requirements
1. The applicant shall submit a detailed maintenance plan including schedule and extent of maintenance. The plan shall cover both the facility site itself and the ingress and egress from the site.
2. Any tower that ceases operation under this section for 18 months will be dismantled and removed.
15.10: Factors Upon Which Approval/Denial is Based
The appropriate elements of a municipal zoning decision to either approve or deny any application includes the following:
1. Detailed analysis of alternative sites, structures, access, and antennas
2. Worse-case combined modeling of radio frequency power densities
3. Detailed propagation and antenna separation analysis relative to facility height.
4. Tower sharing to facilitate the telecommunications needs of municipalities and other entities in order to reduce the need to construct additional towers.
5. Assessment of the tower structure type.
6. Consideration of future use or re-use of the site with provisions for facility removal and site restoration.
7. The applicant's comprehensive development and management plan for erosion and sedimentation control as well as, architectural treatment, environmental, and cultural considerations.
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