Recent advances in wireless communications technology have resulted in a new generation of telecommunication services. These new services transmit radio waves of such a frequency and power that will likely require numerous antenna locations. These antennas may be located on buildings, water towers, and other similar structures but will also frequently be located on new or enlarged towers. This requires that the Town of Vernon regulate these wireless communication system facilities in a different manner than conventional television and radio transmission towers, which are able to transmit their signals at much greater distances.

A number of providers of wireless communication services have recently been licensed by the Federal Communications Commission and additional providers are expected to be licensed in the near future. These firms are expected to pursue antenna sites within the Town of Vernon and these efforts are expected to include requests to construct new communication towers and antennas.

The intent of the Regulation is to provide for the establishment and/or expansion of cellular telephone, mobile radio and personal communication systems within the Town of Vernon while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunication facilities through careful design, siting, and screening. More specifically this regulations has been developed in order to:

23.1.1

Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the Community.

23.1.2

Encourage providers to co-locate their facilities on a single site;

23.1.3

Site facilities below visually prominent ridge lines;

23.1.4

Minimize the location of facilities in visually sensitive areas;

23.1.5

Encourage creative design measures to camouflage facilities;

23.1.6

Protect historic and residential areas from potential adverse impacts of communication towers;

23.1.7

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

The locations for siting the equipment involved in receiving or transmitting radio waves associated with commercial wireless telecommunication services are listed in paragraphs 1 through 5 below, in order of preference.

23.2.1

On existing structures such as buildings, water towers, and utility poles.

23.2.2

On existing or approved towers.

23.2.3

On replacement towers located on property occupied by one or more existing tower.

23.2.4

On replacement towers less than fifteen (15) feet in height located in commercial or industrial zones.

23.2.5

On replacement towers less than seventy-five (75) feet in height located in residential zones.

23.3.1

No lights shall be mounted on proposed towers unless otherwise required by the FAA.

23.3.2

Towers shall be maintained in good order.

23.3.3

Deleted.

23.3.4

All towers shall be a monopole design unless otherwise approved by the Commission. A monopole tower shall be designed to collapse upon itself.

23.3.5

The Commission may require that monopole be of such design and treated with an architectural material so that it blends in with its surroundings to the greatest extent feasible.

23.3.6

Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over one hundred (100) feet in height or for at least one (1) additional comparable antenna if the tower is over fifty (50) feet in height. The Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights.

23.3.7

Each tower site must be served by a driveway with parking for at least one (1) vehicle.

23.3.8

Antennas or equipment building/boxes mounted to or on buildings or structures shall to the greatest degree possible blend with the color and design of such building.

23.3.9

All dish antennas shall be of mesh construction unless otherwise approve by the Commission.

23.3.10

Dish antennas shall not exceed six (6) feet in diameter. Panel antennas shall not exceed ten (10) feet in height.

23.3.11

No proposed commercial wireless telecommunication shall be designed, located or operated as to interfere with existing or proposed public safety communications.

23.3.12

All applications for commercial wireless telecommunication sites within the Flood Protection Zone shall comply with the standards found in Section 5 of the Regulations.

23.3.13

The design of all commercial wireless telecommunication sites shall comply with the standards promulgated by the FCC for non-ionizing electromagnetic emissions. In the absence of such standards sites shall comply with standards set by American National Standards Institute.

23.3.14

All utilities proposed to serve a new commercial wireless telecommunications site shall be installed underground unless otherwise approved by the Commission.

23.3.15

All generators installed in conjunction with any commercial wireless telecommunication site shall comply with all State noise regulations.

23.3.16

Commercial wireless telecommunication sites located on non-residential buildings shall be as architecturally compatible with the structures as possible.

23.3.17

Commercial wireless telecommunications sites where the antenna is mounted to existing towers, utility poles, water towers, light standards, bridges or other structures not classified as buildings provided the following standards are met:

23.3.17.1

No panel antenna shall exceed fifteen hundred (1500) square inches in area.

23.3.17.2

No dish antenna shall exceed six (6) feet in diameter.

23.3.17.3

All accompanying equipment buildings or boxes shall be screened and fenced as required by the Commission.

23.3.18

Commercial wireless telecommunication sites where a monopole tower is located on property occupied by one or more towers erected prior to the date of adoption of this regulation provided the following standards are met:

23.3.18.1

The height of the tower to be constructed shall not exceed one hundred seventy-five (175) feet or shall not exceed the height of the tallest tower on the property, whichever is the least restrictive.

23.3.18.2

All accompanying equipment buildings or boxes shall be screened and fenced as required by the Commission.

In addition to specific requirements listed in Section 17, the standards of the specific zoning classification shall also apply to applications submitted under this section.

23.4.1

Site Plan Requirements: All proposals to develop a commercial wireless telecommunication site as a permitted use or Special Permit use shall be subject to the Site Plan requirements listed in Section 14 of these regulations. In addition the following information shall be submitted in accordance with each particular application where applicable.

23.4.1.1

A plan showing where and how the proposed antenna will be affixed to a particular building or structure.

23.4.1.2

Details of all proposed antenna and mounting equipment including size and color.

23.4.1.3

Details of proposed shielding and details of materials including color.

23.4.1.4

An elevation of all proposed equipment buildings or boxes. Details of all proposed fencing including color.

23.4.1.5

A design drawing including cross section and elevation of all proposed towers. A description of the tower's capacity including the number and type of antennas it can accommodate as well as the proposed location of all mountain positions for co-located antennas and the minimum separation distances between antennas.

23.4.1.6

A report from a licensed engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in this regulation.

23.4.1.7

For new or modified towers, a map depicting the extent of the provider's planned coverage within the Town and the service area of the proposed wireless telecommunication site, map indicating the search radius - or the proposed wireless telecommunication site.

23.4.1.8

All of the plans and information required in Section 23.3 above.

23.4.1.9

Upon request of the Commission the applicant shall provide visual representation of the proposed wireless telecommunication site in order to help the Commission ascertain the visual impacts associated with such proposal.

23.4.2

Height and Area Requirements:

23.4.2.1

Lot Size. Commercial wireless telecommunication sites containing a free standing tower shall not be located on any lot less than twenty thousand (20,000) square feet in area. Where it is proposed that such a wireless telecommunication site occupies a lot as a principal use the minimum lot size shall be equal to that required for the underlying zone or twenty thousand (20,000) square feet, whichever is greater.

23.4.2.2

Height. The maximum height of a tower proposed under this Regulation shall be two hundred (200) feet including the antenna and all other appurtenances. The height of a tower mounted on a building shall be measured from the average level of the ground along all walls of the building to the tallest point on the tower including the antenna and all other appurtenances.

23.4.2.3

The maximum height of any roof top mounted equipment, building or box, shall be fifteen (15) feet.

23.4.2.4

All freestanding towers shall comply with the following minimum property line setbacks:

23.4.2.4.1

Front Yard or Side Yard along a street: A distance equal to ¾ the height of the tower or the setback required for the underlying zone, whichever is greater.

23.4.2.4.2

Side or Rear Yards: In residential zones, fifty (50) feet for towers less than seventy-five (75) feet in height and one hundred (100) feet for towers equal to or greater than seventy-five (75) feet.

23.4.2.4.3

Side or rear yards in non-residential zones twenty-five (25) feet for towers less than seventy-five (75) feet in height and fifty (50) feet for towers equal to or greater than seventy-five (75) feet.

23.4.2.4.4

Free standing towers on rear lots: All other freestanding towers shall be located at minimum distance from any property line at least one hundred (100) feet or a distance equal to the height of the tower, whichever is greater.

23.4.2.5

All accessory buildings, equipment buildings/boxes or equipment areas each fifty (50 square feet or greater in area shall comply with the minimum property line setbacks for a principal building in the underlying zone.

23.4.2.5.1

All equipment buildings/boxes or equipment areas each less than fifty (50) square feet in area shall comply with the following minimum property line setbacks.

23.4.2.5.2

Front Yard or Side Yard along a street: Same as for a principal building in the underlying zone.

23.4.2.5.3

Rear and side yards: twenty (20) feet.

23.4.3

Factors upon which Special Permit decisions of the Commission shall be based: In passing upon applications for commercial wireless telecommunication sites, the Commission in addition to the standards found in Section 17, shall also find:

23.4.3.1

In the case where a commercial wireless telecommunication site is proposed to be located on a property designated on the National Historic Register or within an approved historic district that such proposal will preserve the historic and/or architectural character of the landscape of any structure.

23.4.3.2

In the case where an application for the proposed location of a commercial wireless telecommunication site is not a preference one (1) through three (3) location the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally or economically feasible. The supplied documentation should evaluate the following factors:

23.4.3.2.1

The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved tower as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.

23.4.3.2.2

The planned equipment cannot be accommodated on existing or approved towers due to structural deficiencies as documented by a qualified licensed engineer and that such deficiencies cannot be eliminated at a reasonable cost.

23.4.3.2.3

The existing or planned equipment on an existing or approved tower would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at reasonable cost.

23.4.3.2.4

Any restriction or limitation imposed by the FCC.

23.4.4

Abandonment: A commercial wireless telecommunication site not in use for six (6) consecutive months shall be removed by the service facility owner. This removal shall occur within ninety (90) days of the end of such six (6) month period. Upon removal the site shall be restored to its previous appearance and where appropriate revegetated to blend with the surrounding area.