Haddam City Zoning Code

Preserve the character and appearance of the Town of Haddam while allowing adequate telecommunication services to be developed;

Protect the scenic, historic, environmental, and natural or man-made resources of the Town of Haddam;

Protect property values, and the health, safety and welfare of the Town of Haddam;

Minimize the total number and height of towers throughout the Town of Haddam;

Require the sharing of existing regulated facilities where possible;

Provide for facility locations consistent with the Town of Haddam Community Plan of Conservation and Development, and the Town of Haddam's comprehensive plan (zoning regulations and Zoning Map);

Minimize adverse visual effects through proper design, siting and screening;

Avoid potential damage to adjacent properties; and

Provide for orderly removal of abandoned facilities.

They do not prohibit, or have the effect of prohibiting, the provision of personal wireless services;

They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and

They do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

Repair and maintenance of regulated facilities, including antennas.

Antennas used solely for residential television and radio reception.

Satellite antennas measuring two meters or less in diameter and located in commercial districts, and satellite antennas measuring one meter or less in diameter regardless of location.

Antennas used by the Town of Haddam in conjunction with police stations, firehouses, volunteer ambulance headquarters or other municipal building uses.

A regulated facility is permitted in any zoning district of the Town of Haddam subject to Subsection B. However, no regulated facility, including but not limited to co-locations, is permitted in the Gateway Conservation Zone as provided by Article XIII of these zoning regulations, except for co-location on existing electrical power line structures subject to the height restriction of Subsection C(3) below.

Any regulated facility shall not exceed 150 feet in height subject to Subsection C(3) below. However, a regulated facility may be permitted up to, but not exceeding, a height of 190 feet, within the Commission's discretion, if the regulated facility is proposed within 1,000 feet of the Route 9 right-of-way or additional tower height is required to accommodate co-location.

Any regulated facility proposal to be located within 200 feet of the Gateway Conservation Zone as provided by Article XIII of these zoning regulations, on a scenic area, scenic road or the National Register of Historic Places Haddam Center Historic District, as shown in Appendix I of the zoning regulations, shall not exceed 10 feet of the height of the treeline or other vegetation on the site, nor shall any antenna be located more than five feet above the height of such structure. The Commission may require a height lower than this maximum height. No accessory building to service any regulated facility shall exceed 12 feet in height, and no accessory building shall exceed 300 square feet in gross floor area.

Applicants are urged to consider use of existing telephone, cable, or electric utility power lines or structures as sites for regulated facilities.

The preferred location for freestanding regulated facilities is where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening and have the least long-range visual effect. Town-owned land or buildings are preferred locations where the Town has determined that such Town-owned land or building is appropriate for a regulated facility. Unless adequate coverage and adequate capacity cannot otherwise be achieved, regulated facilities shall be sited off ridgelines and in as low a population density area as is possible.

Site justification for ground-mounted regulated facility. An application for a ground-mounted regulated facility shall include a detailed site justification report, prepared according to accepted engineering practice, which:

Requirements for existing buildings or structures.

Requirements for proposed ground-mounted regulated facility structures. Proposed ground-mounted regulated facility structures shall provide a vegetated buffer of sufficient height and a depth of not less than 50 feet to screen the facility to the extent feasible. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Where it is not feasible to fully buffer a regulated facility, the applicant shall submit a landscape plan. The landscape plan shall recommend the type of tree and plant materials and depth of buffer appropriate to the site, design, height and location of the facility. The Commission may require reasonable modifications to the landscape plan where it determines such are necessary to minimize the visual impact of the regulated facility on the neighborhood and community character. All landscaping shall be properly maintained to ensure its good health and viability at the expense of the owner(s). The Commission reserves the right to require stealth or camouflage designs such as regulated facilities made to resemble trees or other structures. The Commission may require that landscaping and buffer areas be preserved by a scenic or conservation easement and/or that the landscaping be within the leased area.

Scenic roads and areas.

Sight line and elevation information. Where the Commission determines that sight line and/or elevation information is necessary to determine compliance with these zoning regulations, it shall require the following:

Regulated facilities and/or regulated facility shall not be located in wetlands. Locating of regulated facilities in wetland buffer areas shall be avoided whenever possible, and disturbance to wetland buffer areas shall be minimized.

No hazardous waste shall be discharged on the site of any regulated facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

These shall be no increase in the rate of stormwater runoff.

No signal lights or illumination shall be permitted unless required by the FCC or FAA, except for manually operated emergency lights for use only when operating personnel are on site.

Radio frequency radiation (RFR) standards and requirements. The applicant shall provide documentation that all equipment proposed for a regulated facility is authorized according to FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or its successor publication.

Feasible alternative. Where a new ground-mounted regulated facility structure is proposed, the applicant shall have the burden of proving that there are no feasible existing structures or co-location sites upon which to locate.

Lot size. All ground-mounted regulated facility structures and their associated equipment shelters shall be considered an accessory structure and use and shall comply with all of the requirements for the zoning district in which the regulated facility is to be located.

Fall zone. In order to ensure public safety, the minimum distance from the base of any new proposed ground-mounted regulated facility structure to any property line, road, habitable dwelling, business or institutional use, or public recreational area shall be equal to 125% of the height of the regulated facility structure, including any antennas or other appurtenances. Provision shall be made that no new public road, habitable dwelling, business or institutional use, or public recreational area be located within the fall zone. The required fall zone is to be located on the applicant's/owner's property unless the visual impact can be minimized by having the fall zone on a neighboring property. Such neighboring property shall not be developed and will be subject to a legally binding agreement preventing development during the time the regulated facility is in place.

Additional service providers. The proposed regulated facility shall be designated for a minimum of five additional personal wireless service providers (including, but not limited to, personal wireless service providers for local police, fire and ambulance needs), unless it is determined by the Commission to be technically infeasible or not desirable from an impact point of view.

Construction timing. A special permit for the construction of a regulated facility shall not be granted for a regulated facility to be built on speculation. All regulated facilities must be utilized for the purpose stated in the special permit within 90 days of completion of construction, and all construction must be completed within one year of the granting of the special permit.

Signage. A sign no greater than two square feet indicating the name of the regulated facility owner and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. No advertising shall be permitted from or on the regulated facility.

Name, address and telephone number of applicant, co-applicants, and any agents for the applicant or co-applicants.

Co-applicants shall include the landowner of the subject property, and any licensed carriers and tenants for the proposed regulated facility.

A licensed carrier shall either be an applicant or a co-applicant and shall provide documentation of qualifications as a "licensed carrier."

Original signatures for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant will be represented by an agent, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photoreproductions of signatures will not be accepted.

Identify the subject property by including the town as well as the name of the locality, name of the nearest road or roads, nearest CL&P pole number, and street address, if any.

Tax map and parcel number of subject property.

Zoning district designation for the subject parcel (submit copy of Town Zoning Map with parcel identified).

A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.

A region-wide map showing the existing wireless service regulated facilities in the Town and outside the Town within four miles of its boundary, and any proposed regulated facilities by the applicant and/or co-applicant(s) within four miles of the Town boundary.

A topographic location map at a scale of one inch equals 2,000 feet showing the regulated facility location, and the boundaries of the viewshed if a regulated facility is proposed (i.e., the area within which the regulated facility can be seen based upon an assessment of the topography surrounding the site).

Property lines for the subject property.

Property lines of all properties adjacent to the subject property within 300 feet.

Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on the subject property and all adjacent properties within 300 feet.

Proposed location of the regulated facility, including antenna, mount and equipment shelter(s).

Proposed security barrier, indicating type and extent as well as point of controlled entry.

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the regulated facility.

Distances, at grade, from the proposed regulated facility to each building on the vicinity plan.

Contours at each two feet AMSL (see definition section) for the subject property and adjacent properties within 300 feet.

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the regulated facility.

Equipment brochures for the proposed regulated facilities, such as manufacturer's specifications or trade journal reprints, shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Materials of the proposed regulated facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Colors of the proposed regulated facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Dimensions of the regulated facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.

Viewshed analysis. Where a regulated facility is proposed, sight line graphs shall be provided to the proposed prime and alternative sites from visually impacted areas, such as residential developments, public roadways, recreational sites, historic districts, and historic sites. In lieu of sight line graphs, the Commission may accept photographs showing the regulated facility imposed on the photograph with the regulated facility height established in reference to a balloon flown, or comparable testing, to the proposed regulated facility height at the site, as required herein. This visual assessment shall be based upon the existing landscape conditions without leaf cover.

The applicant shall arrange with the Commission for a balloon test (with a balloon diameter of at least eight feet), crane test, or comparable testing within the Commission's discretion, at the proposed site to illustrate the height and position of a proposed ground-mounted regulated facility structure. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town. The balloon, crane or other test shall be conducted or attempted for at least two days.

Existing or ambient: the measurements of existing RFR.

Existing plus proposed facilities: maximum estimate of RFR from the proposed regulated facility plus the existing RFR environment.

Certification, signed by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency radiation standards subsection of this regulation.

The National Environmental Policy Act (NEPA) applies to all applications for wireless communication facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any wireless communication regulated facility proposed in or involving any of the following:

At the time of application filing, an environmental assessment that meets FCC requirements shall be submitted to the Commission for each regulated facility site that requires such an environmental assessment to be submitted to the FCC.

For all special permit uses the applicant shall identify and assess the impact of the proposed regulated facility on areas recommended for protection or conservation as presented in the Town of Haddam Community Plan of Conservation and Development, and State Plan of Conservation and Development.

The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the facility that are considered hazardous by the federal, state or local government.

A survey of all existing structures that may be feasible sites for co-locating wireless service regulated facilities;

Contact with all the other licensed telecommunication facility carriers operating in the service area of the proposed regulated facility; and

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

Removal of antennas, mount, equipment, shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.