The purposes of this article are:

   A.   To regulate the construction, erection, placement and modification of commercial communications facilities;

   B.   To protect the town from communications facilities which are incompatible with existing or future land use, or with health, safety or welfare of it citizens;

   C.   To facilitate installation of facilities in areas that will cause the least disruption, obtrusiveness and visibility to residential, park or greenspace areas;

   D.   To facilitate long-range planning of necessary wireless communications facilities infrastructure and technology, and to provide the community with the benefits from new technological advances in communication; and

   E.   To consistently and fairly permit the construction, placement and modification of business communications facilities without unduly burdening wireless service providers.

   All construction, placement and modification of business communications facilities within the town shall conform to the requirements of this article, all state and federal regulations, and the Uniform Building Code.

   A.   All communications facilities shall comply with the following regulations as shown by the submittal of necessary documentation and/or inclusion on a site plan or the making of written commitments. No building permit shall be issued until complete compliance is demonstrated.

      1.   Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

      2.   Signs and advertising. The use of any portion of a communications facility for signs other than warning or equipment information signs is prohibited.

      3.   Abandoned or unused towers or portions of  towers. Abandoned or unused communications facilities shall be removed within 180 days from the date of ceasing operations. A copy of the notice to the Federal Communications Commission of intent to cease operations of the lot or parcel of the facility is leased, a copy of the relevant portions of a signed lease which requires the removal of the communications facility upon cessation of operations at the site shall be submitted at the time of application for a building permit.

      4.   Antenna capacity/wind load. Communications facilities shall be certified by a qualified and licensed professional engineer in the state to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronic Industry Association.

      5.   Radio-frequency emissions (RF). Documentation shall be provided to show the proposed communications facility will comply with the latest health and safety standards established by the Federal Communications Commission on RF emissions and exposures.

      6.   Tower color. The color of the proposed tower will be of a light tone or color (except as required by the FAA) so as to minimize visual impact.

      7.   Communications facility report. A report shall be submitted to the town describing the type of proposed communications facility, its effective range and technical reasons for its design and placement. If the proposed communications facility cannot be accommodated on an existing or approved facility within a one-mile search radius of the proposed site, the report shall specify the reasons and conditions along with supporting proof. And in an effort to promote long-range planning to minimize the number of towers and their impact on the community, providers of commercial wireless communications service shall include a plan delineating existing and any proposed and/or anticipated facilities with a five-mile radius of the corporate boundaries of the town.

      8.   Visual impact statement. A statement and visual material shall be provided (i.e., a plan, pictures and the like) indicating where within a one-mile radius any portion of the proposed facility can be seen from ground level.

   B.   All communications facilities shall comply with the following regulations as shown by he submittal of necessary documentation and/or inclusion on a site plan. No building permit shall be issued until complete compliance is demonstrated.

      1.   Placement. Towers shall be sited within the rear yard unless located on a vacant lot or parcel.

      2.   Setbacks. Minimum setback requirements for communications facilities shall be based on the following; provided, setbacks are not less than the requirements of the underlay or overlay zone.

         a.   Monopole-type towers shall provide a minimum setback of the tower designed fail area, plus 10% of the tower height.

         b.   Guyed- and lattice-type towers shall provide a minimum setback of the tower designed fail area, plus 25% of the tower height.

         c.   Towers sited on a lot or parcel which borders on a residential and/or business district shall provide a minimum setback of 150% of the tower height from said residential district and 75% of the tower height from said business district unless subsections B.2.a. or B.2.b. above is greater.

         d.   Communications accessory or ancillary buildings shall comply with setback requirements as established under § 506 of this appendix for accessory structures.

      3.   Height. The maximum tower height allowed in the town without a variance from the BZA is 40 feet.

      4.   Screening. The lowest ten feet of a communications ancillary building and tower shall be visually screened on a year-round basis with suitable vegetation and/or nearby buildings or structures.

   No person shall (through his or her own action or those of persons he or she hires or directs) commence to erect, alter, construct or relocate any communications facility without first obtaining a building permit from the Building Commissioner. No person shall engage in any work requiring a permit without having the permit in his or her possession at the job site.

   Application for a building permit for any communications facilities may be made by the owner or agent of the facility or by a person acting on the agent’s behalf. Applications shall be accompanied by the required fee and shall be made on a form provided by the Building Commissioner and shall contain or have attached thereto the following information:

   A.   Name, address and telephone number of the applicant;

   B.   Name, address and telephone number of the owner of the property, if not the applicant;

   C.   Name, address and telephone number of the contractor who will erect, alter, construct or relocate the communications facility (if not applicant);

   D.   Name, address and telephone number of the person or firm for whom the communications facility is installed (if not the applicant);

   E.   A detailed site plan of the parcel or lot showing the position of the communications facilities in relation to building(s) or structure(s), easements, rights-of-way and applicable setback lines;

   F.   A detailed site plan identifying any structure(s), height, use(s) within the tower designed fail area as certified by a structural engineer;

   G.   Two blue prints or ink drawings to scale of the plans and specifications and method of construction, attachment to building or other structure or placement in the ground;

   H.   A copy of the stress sheets and calculations owing the structure’s dead load and wind pressure capacities as certified by a structural engineer, including foundation requirements;

   I.   A description of any right-of-way cuts and/or utility service to be installed;

   J.   Written consent or other proof of authorization of the owner of the building, structure or land to which or on which the communications facility is to be erected;

   K.   Copies of any necessary easements;

   L.   Such other information as the Building Commission may require to demonstrate full compliance with this article, or any applicable requirement of state or federal law; and

   M.   It shall be the duty of the applicant to inform the town of any changes in ownership of the facility or ownership of the property in question.