(A) All applicants for a special use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this subchapter.
(1) The Board of Adjustment is the officially designated agency or body of the town to whom applications for a special use permit for wireless telecommunications facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, re-certifying or not re-certifying, or revoking special use permits for wireless telecommunications facilities.
(2) The Board of Adjustment may at its discretion delegate or designate other official agencies of the town to accept, review, analyze, evaluate and make recommendations to the Board of Adjustment with respect to the granting or not granting, re-certifying or not re-certifying or revoking special use permits for wireless telecommunications facilities.
(B) An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the town, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
(C) Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the town.
(D) The applicant shall include a statement in writing:
(1) The applicant’s proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief by the town in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable town, state and federal laws, rules and regulations; and
(2) The construction of the wireless telecommunications facilities is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the state.
(E) No wireless telecommunications facilities shall be installed or constructed until the application is reviewed and approved by the town, and the special use permit has been issued.
(F) No tower owner or manager shall be permitted to submit an application for a special use permit for a tower if the tower owner does not have a signed agreement committing a commercial service provider to occupy space on the tower.
(G) All applications for the construction or installation of new wireless telecommunications facilities shall contain the information hereinafter set forth.
(1) An authorized individual on behalf of the applicant shall sign the application.
(2) Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the state.
(3) The application shall include the following information:
(a) Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the town. Such documentation shall include, but may not be limited to, propagation studies of the proposed site and all existing, adjoining and proposed sites;
(b) The name, address and phone number of the person responsible for preparing the application;
(c) The name, address and phone number of the property owner, service provider or operator, and the actual applicant, and to include the legal form of the applicant;
(d) The postal address and tax map parcel number of the property;
(e) The zoning district or designation in which the property is situated;
(f) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;
(g) The location of nearest residential structure;
(h) The location, size and height of all structures on the property which is the subject of the application;
(i) The location, size and height of all proposed and existing antennae and all appurtenant structures;
(j) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
(k) The number, type and design of the tower(s) and antenna(s) proposed and the basis for the calculations of the tower’s capacity to accommodate multiple users;
(l) The make, model and manufacturer of the tower and antenna(s);
(m) A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
(n) The frequency, modulation and class of service of radio or other transmitting equipment;
(o) The actual intended transmission and the maximum effective radiated power of the antenna(s);
(p) Direction of maximum lobes and associated radiation of the antenna(s);
(q) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC;
(r) Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;
(s) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
(t) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site; and
(u) For a new tower, a narrative explaining how the proposed facility is the least visually and physically intrusive means possible that is neither commercially nor technically impracticable, along with a photographic or other graphic representations of the proposed facility in color as may be deemed necessary.
(H) In the case of a new tower, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the town. Copies of written requests and responses for shared use shall be provided to the town in the application, along with any letters of rejection stating the reason for rejection.
(I) The applicant shall certify that the wireless telecommunication facility, foundation and attachments are designed and will be constructed to meet all local, town, state and federal structural requirements for loads, including wind and ice loads.
(J) The applicant shall certify that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(K) An applicant may be required to submit an environmental assessment analysis and a visual addendum. Based on the results of the analysis, including the visual addendum, the town may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the pre-application meeting.
(L) The applicant shall furnish a visual impact assessment, which shall include:
(1) A “zone of visibility map” which shall be provided in order to determine locations from which the tower may be seen;
(2) Pictorial representations of “before and after” views from key viewpoints both inside and outside of the town as may be appropriate, including, but not limited to, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided, concerning the appropriate key viewpoints at a pre-application meeting;
(3) An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening; and
(4) The base of the tower, any guy wires, and any associated structures, walls or fences shall be surrounded by a landscaped buffer. A ten-foot buffer shall be provided between the tower and the property boundaries in all zones other than residential. In all residential zones, the buffer shall be a minimum of 25 feet in width. The planting shall consist of deciduous or evergreen trees and evergreen shrubs. The trees shall be planted along the full length of the buffer strip in a triangular pattern with a maximum spacing of 25 feet on centers. The minimum height at planting for trees shall be six feet and they shall have an expected minimum maturity height of 35 feet under normal growing conditions. There shall also be one row of dense shrubs, spaced not more than eight feet on centers. Shrubs shall be a minimum of two feet high at planting and shall have a minimum expected maturity height of eight feet under normal growing conditions. It is the intent of this subchapter to encourage the use of existing vegetation in whole or in part to substantially meet this requirement.
(M) The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities.
(N) Any and all representations made by the applicant to the town on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the town.
(O) All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, sections, rules and regulations of the town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(P) All applications shall contain a demonstration that the facility be sited so as to have the least visually intrusive effect reasonably possible and thereby have the least adverse visual effect on the environment and the nature and character of the community, on existing vegetation, and on the residences in the area of the wireless telecommunications facility.
(Q) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings; this shall include the utilization of stealth or concealment technology as may required by the town to the extent that it is not commercially impracticable or technically impracticable.
(R) At a wireless telecommunications site, an access road, turn around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
(S) A person holding a special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the town, state or United States, including, but not limited to, the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.
(T) A holder of a special use permit granted under this subchapter shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the town or other governmental entity or agency having jurisdiction over the applicant.
(U) An applicant shall submit to the town the number of completed applications determined to be needed at the pre-application meeting. Written notification of the application shall be provided to the legislative body of all adjacent municipalities and counties and to the town Planning Department.
(V) If a new tower is proposed, the application shall contain a commitment to design and construct the tower to accommodate at least five additional commercial applications or service providers, assuming antenna arrays equivalent to those of the applicant, and located as close to the applicant’s antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared use of the tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:
(1) The foreseeable number of FCC licenses available for the area;
(2) The kind of wireless telecommunications facilities site and structure proposed;
(3) The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; and
(4) Available space on existing and approved towers.
(W) The owner of the proposed new tower, and his or her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall:
(1) Respond within 60 days to a request for information from a potential shared-use applicant;
(2) Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers, including a reasonable rate of compensation; and
(3) Allow shared use of the new tower if another telecommunications provider agrees in writing to pay a reasonable rate of compensation. The rate may include, but not be limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(4) Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit for the tower.
(X) There shall be a site visit, if there has not been a prior site visit for the requested site in the preceding 12 months, and a pre-application meeting, both of which shall be prior to the submittal of any application, the purpose of which shall be to address issues which will help expedite the review and permitting process and any concerns regarding the site or the facility and the treatment of such. Costs of the town’s consultants to prepare for and attend the pre-application meeting will be borne by the applicant.
(Y) The holder of a special use permit shall notify the town of any intended modification of a wireless telecommunication facility and shall apply to the town to modify, relocate or rebuild a wireless telecommunications facility.
(Z) In order to better inform the public, in the case of a new telecommunication tower, the applicant shall, prior to the public hearing on the application, hold a “balloon test”.
(1) The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three-foot in diameter brightly colored balloon at the maximum height of the proposed new tower.
(2) The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the town.
(3) The applicant shall inform the town, in writing, of the dates and times of the test, at least 14 days in advance.
(4) The balloon test shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen.
(5) The primary date shall be on a weekend, but to prevent delays in the processing of the application, in case of poor weather on the initial date, the secondary date may be on a weekday.
(AA) The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner.
(BB) Applications shall be submitted in a three-ring binder. The application shall contain a table of contents, which shall list each section, subsection and the issue required to be addressed. Requests for waiver shall be clearly set forth and indicated in the table of contents, with an explanation for the request for waiver contained in the appropriate section of the application. Each issue or matter addressed in the ordinance that requires a response shall be set forth in a separate section, i.e., tab, in the application, including requests for waiver.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)