A cellular communications antenna array shall be allowed as of right on any existing structure within the zones specified in § 185-8, Schedule of Use Regulations Table. The height of any cellular communications antenna array shall not exceed the height of such existing structure by more than 12 feet.

Any cellular communications antenna array exceeding the height of the existing structure by more than 12 feet shall require a special use permit.

A cellular communications tower shall be permitted as a special permit use or permitted use within the zones so specified in § 185-8, Schedule of Use Regulations Table, and provided that the height of such new tower shall not exceed 150 feet in height. Any cellular communications tower exceeding 150 feet in height shall require a special use permit.

No cellular communications antenna array shall be permitted within any Residential Zone, or any Conservation District or Wildlife Refuge District, or any Open Space Zone, except by special use permit in accordance with § 185-73.

Cellular communications towers shall only be permitted by special use permit in the following zones: GI, RE, and LM.

An application for a dimensional variance from the specifications in this section may be made in conjunction with a special use permit for a cellular communications antenna array or cellular communications tower.

A building permit is required.

An electrical permit is required.

Payment of all permit and inspection fees.

Proof of ownership of the land upon which a cellular communications tower, antenna array or equipment shelter is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement.

A scaled plan and a scaled elevation view and other supporting drawings and calculations, indicating color and other documentation; and showing the location and dimensions of the relevant cellular communications tower, cellular communications antenna array, equipment shelter and any and all other devices and attachments, including electrical wiring, cable, wire or other connective materials to and from the antennas to the equipment shelter, and to and from the equipment shelter to any existing or proposed wires, cables or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables or connective devices that enter or exist on or along any public street or right-of-way.

The applicant shall supply a definition of the area of service and indicate the current coverage capacity. The applicant shall supply information showing that the proposed facility would provide the needed coverage and/or capacity. The applicant shall provide a map or maps, covering the entire Town and showing all existing, proposed or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.

Should an existing structure not be utilized, the applicant shall provide evidence as to why such structure has not been utilized.

The applicant shall indicate how the site will be designed to co-locate future carriers, and how many of such carriers can be technically accommodated. The application shall contain a statement that if the site will physically support co-location, any co-location applicant willing to sign a commercially reasonable lease shall be allowed to co-locate.

The application shall provide photo simulations from multiple views or perspectives, showing the proposed appearance, to scale, of the tower or antenna array in the affected area.

All antennas shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations. In accordance with the federal Wireless Communications Act,[1] the Town shall not regulate the placement, construction, and modification of cellular communications antenna arrays on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

A cellular communications tower shall be set back from all property lines a minimum of one foot for each two feet of tower height.

All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.

Equipment shelters shall be obscured from view by being placed among or surrounded by trees, shrubs or fences and shall be locked at all times and shall be clearly labeled as to the person to be contacted in the event of an emergency.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the State Building Code,[2] as amended from time to time. Towers must be structurally inspected by a registered engineer every 10 years, and a certificate of such inspection shall be filed with the Building Official.

All telecommunications facilities and structures which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the Building Official. The applicant shall post a bond or cash security with the Finance Director sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the Building Official. If such antenna or tower is not removed within 90 days of receipt of notice, the Town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

Applicant has made reasonable efforts to utilize existing structures for a cellular communications antenna array and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage for the applicant.

Applicant has made reasonable efforts to avoid the necessity of erecting a new tower, including but not limited to the construction of a permitted structure on which a cellular communications antenna array could be placed.

Applicant's proposed tower comports with the surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and applicant's property.

Applicant's proposed tower comports with the design characteristics that reduce or eliminate adverse impacts on the community including type (guyed tower, lattice tower or monopole) of tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.

For the erection of a cellular communications antenna array on an existing structure, the proposed facility shall preserve or enhance the preexisting character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

For the erection of a cellular communications tower, the proposed facility shall preserve or enhance the preexisting character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on- site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the Director of Planning. Screening shall not be less than five feet in width, nor less than eight feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the permitting authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

There shall be no signs, symbols, flags, banners or other devices or things attached to or painted or inscribed upon any tower.