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other tower users in the area, stating their siting needs and/or
<br />sharing capabilities in an effort to encourage tower sharing.
<br />Applicants cannot be denied or deny space on a tower unless
<br />mechanical, structural, or regulatory factors prevent them from
<br />sharing. In other words, competing carriers cannot lock each
<br />other out of territory. The ordinances for Jefferson County,
<br />Oldham County, Multnomah County, and Palm Beach County
<br />offer detailed examples of sharing provisions and leasing terms.
<br /> Structural Integrity and Inspection. Most ordinances require
<br />that any new or modified towers be certified by an engineer accord-
<br />ing to structural standards for antennas offered by either the Elec-
<br />tronic Industries Association or the Telecommunication Industry
<br />Association. Inspection schedules seem to vary widely according to
<br />the type of tower, as in this provision from Jupiter, Florida:
<br /> inspections--The town council may require periodic inspections
<br /> of communication towers to ensure structural integrity. Such
<br /> inspections may be required as follows: a) monopole towers--at
<br /> least once every 10 years; b) self-support towers--at least once
<br /> every five years; c) guyed towers--at least once every three years.
<br /> Inspections shall be conducted by an engineer licensed by the
<br /> state of Florida. The results of such inspections shall be provided
<br /> to the director ofcommunlty development. Based upon results of
<br /> an inspection, the town council may require repair or removal of
<br /> a communication tower.
<br />
<br /> Equipment Buildings and Lot Sizes. Cellular towers are often
<br />accompanied by a small, usually unstaffed storage building that
<br />houses transmitting equipment. Some ordinances treat them as
<br />accessory uses or structures, while others specifically state tha~t
<br />they are not. Most require some setback from adjoining
<br />property lines; the required setback is usually proportional to
<br />the area's density. Oldham County seeks to discourage more
<br />intense use of the site:
<br /> [T]hese facilities may not include offices, long-term vehicle
<br /> storage, other outdoor storage, or broadcast studios, except for
<br /> emergency purposes, or other uses that are not needed to send
<br /> or receive transmissions.
<br />
<br /> Lot sizes for cellular sites are usually the minimum for the
<br />district in which they will be built.
<br /> Maintenance and Parking. A few ordinances include
<br />standards for facility maintenance and parking. The
<br />Multnomah County ordinance has the most extensive treatment
<br />of maintenance impacts:
<br /> Equipment at a transmission facility shall be automated to the
<br /> greatest extent possible to reduce traffic and congestion. The
<br /> applicant shall describe anticipated maintenance needs,
<br /> including frequency of service, personnel needs, equipment
<br /> needs, and traffic, noise, or safety impacts of such maintenance.
<br />
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<br />Copyright 01995 by American Planning Association, 1313 E. 60th St., Chicago, IL
<br />60637. The American Planning Association has headquarters offices at 1776
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<br />
<br /> Where the site abuts or has access to a collector and local street,
<br /> access for maintenance vehicles shall be exclusively by means of
<br /> the collector street.
<br /> Parking requirements generally do not apply to cellular
<br /> towers. For those communities that require parking, the
<br /> provision applies to an overall "communication tower facility"
<br /> ordinance in which spaces are required only when the
<br /> equipment building is staffed.
<br /> Lighting and Security. Lighting for communication towers is
<br />required when the tower is tall enough to concern the Federal
<br />Aviation Administration (FAA). Jefferson Parish acknowledges
<br />FAA regulations and the privacy of neighboring property owners:
<br /> When lighting is required and is permitted by the Federal
<br /> Aviation Administration or other federal or state authority, it
<br /> shall be oriented inward so as nor to project onto surrounding
<br /> residential property.
<br />
<br /> Others, in more urban areas, may require full review and
<br />certification of the tower application by their local airport
<br />authority. This provision is from Palm Beach County:
<br /> Prior to the site plan certification, the applicant shall provide
<br /> documentation that the proposed communication tower has been
<br /> reviewed and 'is not determined to be a hazard by the FAA...
<br /> (via) the Palm Beach County Department of Airports .... The
<br /> PBCDOA shall review the communication tower application to
<br /> determine if it is a hazard to any FAA flight paths.
<br />
<br /> Some ordinances also require fencing or signage. Jupiter
<br />requires a six-foot'safety fence with a locked gate. If high voltage
<br />is necessary, signs must be posted every 20 feet, saying,
<br />"Danger--High Voltage." The operator must also post "No
<br />Trespassing" signs.
<br /> Abandonment. Most ordinances also restrict the time in
<br />which an unused tower may stand to between six and 18
<br />months, with some requiring the tower applicant to cover the
<br />demolition costs.
<br /> Application Requirements. Perhaps the most telling section
<br />of any ordinance is its application requirements. Although some
<br />communities do not list these separately, doing so lets the
<br />applicant know exactly what must be provided and indicates
<br />how much the community knows about the impacts of cellular
<br />phone tower siring. These requirements should be clearly stated
<br />and not impossible to fulfill. Jefferson County offers an
<br />excellent explanation of what it requires from any tower
<br />applicant, and its provisions demonstrate serious research by the
<br />planning department and other local agencies. Review of this
<br />ordinance and its accompanying "Low Power Mobile Radio
<br />Communications Land Use Plan Addendum" is recommended
<br />for anyone.dealing with cellular siting issues.
<br />
<br />Meeting the Challenge
<br />Any cellular carrier seeking to locate in a community is prepared
<br />to deal with siting controversies. Some corporations have even
<br />gone so far as to pay for retaining a third-party consultant to
<br />review anything they have helped draft. These firms target sites
<br />for acquisition based on their topographic efficiency, their
<br />accessibility by road, the availability of electric power and land-
<br />based telephone lines, their leasability, preexisting vegetation and
<br />screening potential, existing zoning, compatibility with adjacent
<br />land uses, and their ability to transmit ro the largest area.
<br /> If local governmen ts show that they can meet most of these
<br />needs while preserving their community's aesthetic integrity,
<br />health, and safety, they should be able to avert federal
<br />preemption of their local rights and responsibilities.
<br />
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