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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 155 — Towers And Antennas

Wireless Or Cellular Telecommunications Towers And Antennas

§ 155.01 Intent

   Wireless telecommunications towers and antennas may be installed, erected, modified and maintained pursuant to the provisions of this subchapter. All new towers or antennas in the town will allow police, fire and EMS space on the tower for the use of radio communications, either UHF, VHF or 800MHZ, and wireless internet, but not limited to these, for the purpose of public safety communications in emergency and nonemergency situations.
(Prior Code, § 14-301) (Ord. 2020-08, passed 11-12-2020)

§ 155.02 Purpose

   The purpose of this subchapter is:
   (A)   To ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of the residents of, the town;
   (B)   To protect the health, safety and general welfare of the community, public environment property and community aesthetics;
   (C)   To minimize the visual impact of towers, antennas and associated buildings through design and sighting standards;
   (D)   To maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community; and
   (E)   To avoid danger or damage to adjacent properties from tower failure through structural standards and setback requirements or from failure through neglect.
(Prior Code, § 14-302) (Ord. 2020-08, passed 11-12-2020)

§ 155.03 Definitions

   For the purpose of this subchapter, the following definitions apply unless the context clearly requires a different meaning.
   ACCESSORY EQUIPMENT STRUCTURE. A building or cabinet-like structure located adjacent to or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls and voice messaging and paging services.
   ANTENNA. Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes or omnidirectional “quip” antennas.
   ANTENNA SUPPORT STRUCTURE. Any building, pole, telescoping mass, tower, tripod or other structure which supports an antenna.
   BASE RECEIVER STATION. Equipment which provides the link between wireless telecommunications and land-based public telephone switching networks, including radio frequency receivers, backup power amplifiers and signal-processing hardware typically contained in a small building or cabinet.
   COLOCATION. The location of wireless telecommunications equipment for more than one provider on a common tower, building or structure.
   COMMERCIAL RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected to transfer information for commercial use.
   GUYED TOWER. A tower which requires the use of flexible guying cables or wires as the principal means of resisting the designed tower loads.
   LATTICE TOWER. A self-supporting three- or four-sided, open steel frame structure used to support telecommunications equipment.
   MAST. The portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.
   MONOPOLE TOWER. A communications tower consisting of a single pole, tapering from base to top and with no guy wire support or exposed anchors, of more than 35 feet in height and designed to support communications equipment.
   PERSONAL WIRELESS SERVICE. Licensed commercial wireless communications services including cellular, personal communications services (PCS), enhanced specialized mobilized radio (EMR), paging and similar services.
   PUBLIC PROPERTY. Land, roads, buildings or other structures owned or operated by the town.
   TOWER. Any pole, spire, structure or combination thereof to which an antenna could be attached or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces, if permitted.
   UNIFORM BUILDING CODE or UBC. Published by the International Conference of Building Officials and referenced by the state to provide jurisdictions with building-related standards and regulations.
(Prior Code, § 14-303) (Ord. 2020-08, passed 11-12-2020)

§ 155.04 Interpretation And Applicability

   (A)   This subchapter shall be interpreted consistent with the provisions of the federal Telecommunications Act of 1934, amended by the Telecommunications Act of 1996, being 47 U.S.C. §§ 151 et seq., and with any amendments hereafter occurring.
   (B)   This subchapter shall apply to all persons, partnerships, limited liability companies, limited liability partnerships, corporations and other entities seeking to locate, sight, place, modify or construct wireless telecommunications facilities within the corporate boundaries of the town.
   (C)   This subchapter reserves to the town all authority contained in state and existing municipal ordinances regulating land use which has been preempted by the federal government pursuant to the Telecommunications Act as to the placement, construction and modification of personal wireless service facilities.
   (D)   This subchapter does not apply to the use or location of private residential, citizen-band radio towers, amateur radio towers, television antennas or public safety communication facilities owned or operated by the town or other public municipalities.
(Prior Code, § 14-305) (Ord. 2020-08, passed 11-12-2020)

§ 155.05 Permit Required; Fees And Requirements

   (A)   Special permit required.
      (1)   No service provider, person, corporation or firm shall construct, modify, upgrade, enhance or add to any communications tower or antenna facility within the town unless they have received a revocable permit from the town. They shall make application for such permit on a provided form.
      (2)   The revocable permit shall be issued by the town for the purpose of granting the permittee authority for the placement or erection of the telecommunications tower antennas subject to the special permit regulations and standards listed in this division (A).
      (3)   The revocable permit agreement may not be transferred, signed or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the town.
(Prior Code, § 14-308)
   (B)   Fees and requirements.
      (1)   The owners of all towers will be required to obtain a three-year special permit from the town to operate a tower within the town limits at a cost of $500 for the first three-year period. A separate permit will be required for each tower regardless of owner or location.
      (2)   This permit must be renewed every three years thereafter at a cost of $500 so long as the tower is operational. The permit must be renewed at least three months prior to the expiration of the previous permit. Failure to keep the permit current will constitute grounds for the removal of the tower at the owner’s expense. A 30-day notice shall be given to the permit holder prior to an order for removal.
      (3)   The tower owner must also provide continued proof of liability insurance every three years in connection with the permit renewal process.
(Prior Code, § 14-311)
(Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.06 Insurance And Hold-harmless Provisions

   (A)   A permit will not be issued until the applicant files satisfactory evidence with the town showing a minimum liability coverage of 300,000/500,000/300,000 limits which protects the town in the event that an action is brought claiming liability as a result of the construction, operation or maintenance of the cellular tower.
   (B)   The property owner must hold harmless the town from any action, including attorney fees, that may arise from the installation or operation of a cell tower.
(Prior Code, § 14-314) (Ord. 2020-08, passed 11-12-2020)

§ 155.07 Bond Requirements

   (A)   When an application is filed to construct a cell tower, the applicant must obtain an estimate to remove the tower from a company acceptable to the town and experienced in contracting for the removal of towers and must provide that estimate to the town along with the application for approval of a special permit to install said tower. Upon receiving approval by the Planning Commission and the Town Board of Trustees, the cell tower owner will be notified that a permit to construct the tower will be issued when the applicant has met all of the requirements of this code and has secured and filed with the town a bond for a length of not less than three years in an amount equal to or exceeding the estimate of the cost of removal and all associated structures, fencing, power supplies and other appurtenances connected with the tower.
   (B)   The bond must be provided within 30 days of the date of the approval but prior to the construction beginning. Replacement bonds must be provided 90 days prior to the expiration of any previous bond. At any time, if the town has good cause to question the sufficiency of the bond at the end of any three-year period, then the permit holder must provide an updated estimate and bond in the appropriate amount. Failure to keep the bonds in effect is cause for the removal of the tower at the owner’s expense. A separate bond will be required for each cell tower regardless of the number of owners or the location.
(Prior Code, § 14-309) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.08 Location Restrictions

   (A)   To be eligible for a special permit for the construction of a communications tower, the site must be location-approved by the Town Planning and Zoning Commission and can be placed on a lot size as determined by the tower height and setback requirements. Towers are also prohibited in all residential areas, regardless of zoning classification and platted or not, which are currently subdivided by ownership into lots of two or more of various sizes and used primarily for residential purposes. Towers are prohibited in all general floodplain districts.
   (B)   No cellular telephone antenna, support structure, amplifier, transmitter or any other wireless telecommunication equipment can be installed or placed on a commercial, private or public building, water tower or any other structure, other than an actual cell tower, unless approved by the Town Planning and Zoning Committee and the Town Board of Trustees.
(Prior Code, § 14-307) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.09 Setback And Height Requirements

   (A)   Setback requirements. The setback requirements for cell towers will be based on the height of the tower in order to reduce conflicts with abutting property uses, limit the adverse visual effects on the community and the environment, address the public concern for safety and minimize the potential damage to abutting property owners. In no event shall any tower exceed 180 feet, including the antenna located on a tower. Towers must be able to accommodate at least three antennas, and colocation of antennas must be permitted.
   (B)   Tower height of 80 feet or less. For cell towers having a height of 80 feet or less, including antennas, the cell tower buildings and power equipment, including the perimeter fence, must be located a distance of 100 feet minimum from any abutting property line and not closer than 100 feet to a residence or structure.
   (C)   Tower height of 81 feet to 130 feet. For cell towers ranging in height from 81 feet up to 130 feet, including antennas, the cell tower, buildings and power equipment, including the perimeter fence, must be located a distance of 150 feet minimum from any abutting property line and not closer than 150 feet to a residence or structure.
   (D)   Tower height of 131 feet to 180 feet. For cell towers ranging in height from 131 feet up to 180 feet, including antennas, the cell tower, buildings and power equipment, including the perimeter fence, must be located a distance of 200 feet minimum from any abutting property line and not closer than 200 feet to a residence or structure.
(Prior Code, § 14-306) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.10 Lighting, Advertising And Sign Requirements

   (A)   Lighting restrictions. No signals or warning lights shall be permitted on any cell tower unless required by a municipal, state or federal agency.
   (B)   Advertising and sign restrictions. No commercial advertising or signage shall be allowed on any cell tower.
(Prior Code, § 14-306) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.11 Fencing And Sign Requirements

   (A)   Fencing. The tower owner shall be responsible for all costs, equipment, labor and materials associated with installing and maintaining all privacy fencing around the cell tower. The fencing shall consist of a chain-link fence in type and be a minimum height of seven feet. The fence must be installed around the tower site with a locking gate. The fence must have a minimum of three strands of barbed wire located along the top edge of the fence and gate to prevent or discourage entry by intruders. The tower owner shall be responsible for maintaining the fence in good condition.
   (B)   Signage. A sign must also be posted containing the tower owner’s name and 24-hour contact information.
(Prior Code, § 14-310) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.12 Tower Access Requirements

   (A)   All cell tower sites will be required to have an access road to the tower site based on the town’s current road standards. A temporary approach for the tower construction site is required to have a 20-foot gravel entrance off of the roadway.
   (B)   Deposits of dirt, gravel or other similar materials on the public streets must be properly removed at the cell tower owner’s expense. If not removed and cleaned in a timely manner, a fine will be assessed against the cell tower owner or abatement will occur in accordance with the general ordinances dealing with nuisance abatements.
   (C)   All cell towers approved for construction must obtain a permit from the appropriate governmental agency having jurisdiction over the town street, county road or state highway used to access the tower.
(Prior Code, § 14-310) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.13 Electrical Power Line, Fiber Optics And Utility Installation Requirements

   The owner of the cell tower approved for construction in the town limits must obtain the proper permits from the appropriate governmental agencies which have jurisdiction over the placement of all lines, whether underground or overhead, within the public right-of-way of all streets, county roads or state highways.
(Prior Code, § 14-310) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.14 Testing; Notice To Town Required

   (A)   Testing.
      (1)   When construction of a tower is first completed and all initial power antennas are installed on the tower, the tower owner shall be required, at his or her expense, to measure the non-ionizing radiation levels within 30 days to determine if the emissions are within the Federal Communications Commission (FCC) guidelines for safety regarding uncontrolled exposure to the general public.
      (2)   In order to effectively measure the radiation levels of both directional and omnidirectional antennas at cell tower locations, the following measurements are required.
         (a)   For cell towers with only omnidirectional antennas, owners are required to take a minimum of three measurements. The measurements must be taken in a circular pattern at the base of the tower, spaced at approximately 120-degree increments.
         (b)   For cell tower locations having directional antennas or a combination of omnidirectional and directional antennas, a minimum of six measurements must be taken in a circular pattern at the base of the tower, spaced at approximately 60-degree increments, with the first measurement taken directly below one of the directional antennas.
   (B)   Notice.
      (1)   The town must be notified when the non-ionizing radiation levels are being measured so that an official of the town can be present. Upon completion of the measurements, the tower owner shall provide the town with a certified report indicating the actual measurements taken and prove that they comply with the Federal Communications Commission guidelines. The tower owner shall also be required to provide proof that the meter used to measure radiation levels has been calibrated at the normal intervals required by the manufacturer to maintain the accuracy of the test equipment.
      (2)   Testing non-ionizing radiation levels will also be required again at any time that additional antennas are installed, the number of channels (transmitters) is increased or any other changes are made to the tower which would increase the power output at the specific location. It is required that the town be notified when these additional tests are made so that a town official can be present and a certified report again be provided as indicated above.
(Prior Code, § 14-312) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.15 Inspections

   (A)   Tower owners must inspect their tower every three years for structural integrity and file with the town by June 30 a certified report from a qualified structural engineer who is licensed to practice in the state. The town may at any time request a tower owner to perform additional inspections if damaging winds, earthquakes, other natural phenomenon or unexpected damages occur which may cause a structural failure of the cell tower or facilities.
   (B)   (1)   If, upon inspection, the tower owner determines that the facility fails to comply with such applicable codes and that such failure constitutes a danger to persons or property, then the owner of the facility must immediately notify the town. The owner shall have 30 days to bring the facility into compliance with the applicable codes and standards.
      (2)   Failure to bring the facility into compliance within said 30 days shall constitute cause for the removal of the facility at the owner’s expense.
(Prior Code, § 14-312) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.16 Removing Abandoned Towers, Requirements

   (A)   Any tower that is not operated or used for a continuous period of 12 consecutive months shall be considered abandoned, and the owner of such tower shall be required, at the owner’s expense, to remove the tower and all associated buildings, power supplies, fencing and other items associated with, and permitted with, the tower. If the tower is not removed within 90 days, then the bond secured by the tower owner shall be used to remove the tower and any accessory equipment and structures.
   (B)   (1)   If the tower has a preexisting tower approval from before the implementation of this subchapter and the tower owner has not yet obtained a bond to remove the tower, then the tower owner shall be required to remove the tower at his or her expense.
      (2)   If the tower is not removed within 90 days, then the tower owner shall be subject to a fine for each month that the tower remains in place and to a mandatory injunction for the removal, and the owner shall be responsible for all costs, including attorney fees, for securing the removal.
(Prior Code, § 14-309) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.17 Preexisting Towers Or Antennas

   (A)   (1)   Existing towers at the time of the adoption of this subchapter will be allowed to continue their usage as they presently exist. However, the towers must be registered with the town and a sign must be posted at the tower locations indicating a contact person and a telephone number where he or she can be reached.
      (2)   If there is ever another antenna or transmitter installed, or if the cell tower facilities are upgraded from the original application and approved by the Town Planning Commission or Town Board of Trustees, then the cell tower must then meet all of the specifications of this subchapter, including permits, bonds, inspections, testing, landscaping, screening, fencing and driveway access requirements.
   (B)   All existing towers or antennas can enter into a memorandum of understanding with the tower owner and the town to allow police, fire and EMS space on the towers for the use of radio communications, either UHF, VHF or 800MHZ, and wireless internet, but not limited to these, for the purpose of public safety communications in emergency and nonemergency situations.
(Prior Code, § 14-304) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.18 Non-interference And Compliance

   All new or existing telecommunications services shall comply with all relevant Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with public safety and other town or private communication operations.
(Prior Code, § 14-313) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99

§ 155.99 Penalty

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   (1)   A violation of the cellular tower provisions of §§ 155.01 through 155.18 of this chapter shall be punishable by a fine as provided in a schedule of fines to be maintained by the town.
(Prior Code, § 14-315)
      (2)   In addition, fines may be enforced by injunctive relief sought in the County District Court.
(Prior Code, § 14-316)
(Ord. 2020-08, passed 11-12-2020)