The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this article are to: (i) encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the town, (ii) encourage strongly the joint use of new and existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the town is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and (v) to provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the town. This article is intended to comply with all federal and state regulations.

(Ord. of 12-11-00)

(a)

Special exception permit required. Before a permit may be issued for any telecommunications tower, such permit must be approved by the town council after review by the planning commission according to procedures for special exception permits set out in article XVI. The location of telecommunications towers and other structures governed by this article is subject to the uses permitted in each zoning district in article IV.

(b)

District height limitations. The requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at greater than, 50 feet in height.

(c)

Amateur radio and receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is (1) under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is (2) used exclusively for receiving only antennas for amateur radio station operation.

(d)

Existing structures and towers. The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than 20 feet in height to said structure or tower and shall not require additional lighting pursuant to FAA or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use.

(Ord. of 12-11-00)

(a)

Principal or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing facilities that are either within the locality or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The zoning administrator may share such information with other applicants applying for approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the locality; provided however, that the zoning administrator shall not, by sharing such information, in any way represent or warrant that such information, in any way represents or warrants that such sites are available or suitable.

(c)

Design and lighting. The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this article; provided however, that the town may waive any of these requirements if it determines that the goals of this article are better served thereby.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

(2)

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

(3)

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 that is 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.

(4)

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

(5)

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

(6)

To permit co-location, the tower shall be designed and constructed to permit extensions to a maximum height of 19 feet.

(7)

Towers shall be designed to collapse within the lot lines in case of structural failure.

(d)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas.

(e)

Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

(f)

Information required. Each applicant requesting a special use permit under this article shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The town may require other information to be necessary to assess compliance with this article. Additionally, applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site.

(1)

An engineering report, certifying that the proposed tower is compatible for co-location with a minimum of three users including the primary user, must be submitted by the applicant. This provision may be waived by a governing body in a particular case.

(2)

The zoning administrator shall notify adjoining property owners by certified letter concerning the project 14 days prior to public hearings before the planning commission and town council.

(3)

The applicant shall provide copies of its co-location policy.

(4)

The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary.

(g)

Special factors considered in granting all use permits for new towers. The applicant shall obtain a special use permit from the town before erecting towers or antennas covered by this article. The town shall consider the following factors in determining whether to issue a special use permit, although the town may waive or reduce the burden on the applicant of one or more of these criteria if the town concludes that the goals of this article are better served thereby.

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential district boundaries;

(3)

Nature of the uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress;

(8)

Co-location policy;

(9)

Language of the lease agreement dealing with co-location;

(10)

Consistency with the comprehensive plan and the purposes to be served by zoning;

(11)

Availability of suitable existing towers and other structures as discussed below; and

(12)

Proximity to commercial or private airports.

(h)

Availability of suitable existing towers or other structures. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render towers and structures unsuitable.

(i)

Setbacks. The following setback requirements shall apply to all towers and antennas for which a special use permit is required; provided however, that the town may reduce the standard setback requirements if the goals of this article would be better served thereby.

(1)

The tower must be set back from any off-site residential structure no less than 400 feet.

(2)

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

(j)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the town may waive such requirements, as it deems appropriate.

(k)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special exception permit is required; provided however, that the town may waive such requirements if the goals of this article would be better served thereby.

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities.

(2)

In locations in which town council finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(3)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the town council may determine the growth around the property perimeter may be sufficient buffer.

(4)

Existing trees within 200 feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. This provision may be waived by the governing body in a particular case.

(l)

Local government access. Owners of towers shall provide the town co-location opportunities as a community benefit to improve radio communication for town departments and emergency services, provided it does not conflict with the co-location requirement of this article.

(m)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within 90 days of receipt of notice from the town notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with owner's approval. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(n)

Required yearly report. The owner of each such antenna or tower shall submit a report to the town once a year, no later than July 1. The report shall state the current user status of the tower.

(o)

Review fees. Any out of pocket costs incurred for review by a licensed engineer of any of the above required information shall be paid by the applicant.

(Ord. of 12-11-00)