A.Â
This regulation establishes standards, requirements
and permitting procedures for regulated facilities, including antennas,
towers, and wireless communication facilities, that are subject to
local zoning regulation in Connecticut.
B.Â
Its purpose is to regulate the placement of regulated
facilities, including antennas, towers, and wireless communication
facilities, in order to:
(1)Â
Preserve the character and appearance of the
Town of Haddam while allowing adequate telecommunication services
to be developed;
(2)Â
Protect the scenic, historic, environmental,
and natural or man-made resources of the Town of Haddam;
(3)Â
Protect property values, and the health, safety
and welfare of the Town of Haddam;
(4)Â
Minimize the total number and height of towers
throughout the Town of Haddam;
(5)Â
Require the sharing of existing regulated facilities
where possible;
(6)Â
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);
(7)Â
Minimize adverse visual effects through proper
design, siting and screening;
(8)Â
Avoid potential damage to adjacent properties;
and
(9)Â
Provide for orderly removal of abandoned facilities.
C.Â
These regulations are intended to be consistent with
the Telecommunications Act of 1996,[1] as may be amended, in that:
(1)Â
They
do not prohibit, or have the effect of prohibiting, the provision
of personal wireless services;
(2)Â
They
are not intended to be used to unreasonably discriminate among providers
of functionally equivalent services; and
(3)Â
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.
[1]
Editor's Note: See 47 U.S.C. § 325.1 et seq.
As used in this article, the following terms
shall have the meanings indicated:
Capacity is considered to be "adequate" if the grade of service
(GOS) is p.05 or better for median traffic levels offered during the
typical busy hour, as assessed by direct measurement of the personal
wireless facility or regulated facility in question. The GOS shall
be determined by the use of standard Erlang B calculations. As call
blocking may occur in either the land line or radio portions of a
wireless network, adequate capacity for this regulation shall apply
only to the capacity of the radio components. Where capacity must
be determined prior to the installation of the personal wireless service
facility or regulated facility in question, adequate capacity shall
be determined on the basis of a 20% busy hour (20% of all offered
traffic occurring within the busiest hour of the day), with total
daily traffic based on aggregate estimates of the expected traffic
in the coverage area.
Coverage is considered to be "adequate" within that area
surrounding a base station where the predicted or measured median
field strength of the transmitted signal is such that the majority
of the time, transceivers properly installed and operated will be
able to communicate with the base station. In the case of cellular
communications in a rural area like Haddam, this would be a signal
strength of at least -90 dBm for at least 75% of the coverage area.
It is acceptable for there to be holes within the area of adequate
coverage where the signal is less than -90 dBm, as long as the signal
regains its strength to greater than -90 dBm further away from the
base station. The outer boundary of the area of adequate coverage
is that location past which the signal does not regain strength of
greater than -90 dBm.
The surface from which wireless radio signals are sent and
received by a personal wireless service facility or regulated facility.
A wireless communication regulated facility that is disguised,
hidden, part of an existing or proposed structure, or placed within
an existing or proposed structure.
A company that provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
The Planning and Zoning Commission of the Town of Haddam.
The elevation at grade or ground level shall be given in
"above mean sea level" (AMSL). The height of a wireless service facility
shall be given in "above ground level" (AGL). AGL is a measurement
of height from the natural grade of a site to the highest point of
a structure. The total elevation of the wireless service facility
is AGL plus AMSL.
The document required by the Federal Communications Commission
(FCC) and the National Environmental Policy Act (NEPA) when a wireless
communication facility or regulated facility is placed in certain
designated areas.
A report which shall evaluate the existing conditions of
the proposed regulated facility and the full impact of construction
on the existing conditions, terrestrial ecology, environmental setting
and cultural resources through the actions of grading, soil disturbance,
facility construction, site drainage and any other above- or below-ground
disturbance.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment
necessary for the operation of the communication facility or regulated
facility.
The area on the ground within a prescribed radius from the
base of a wireless communication facility or regulated facility. The
fall zone is the area within which there is a potential hazard from
falling debris (such as ice) or collapsing material.
A monopole or existing lattice tower that is tied to the
ground or other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel for an existing lattice tower.
A company authorized by the FCC to construct and operate
a wireless communication facility or regulated facility.
A regulated facility that involves a type of mount that is
self-supporting with a single shaft of wood, steel or concrete and
a platform (or racks) for panel antennas arrayed at the top.
The structure or surface of a regulated facility upon which
antennas are mounted, including the following four types of mounts:
A thin rod that beams and receives a signal in all directions.
A flat-surface antenna usually developed in multiples such
as whip antennas, panel antennas, and dish antennas.
Computer-generated estimates of the signal emanating, and
prediction of coverage, from antennas or repeaters sited on a specific
regulated facility structure. The height above ground, power input
and output, frequency output, type of antenna, antenna gain, topography
of the site and its surroundings are all taken into account to create
these simulations. They are the primary tool for determining whether
a site will provide adequate coverage for the telecommunication facility
proposed for the site.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
The emissions from wireless communication facilities or regulated
facilities.
All regulated facilities as defined by this section, including
mounts, towers and antennas, service and/or sites where these facilities
are proposed or exist, or service is to be provided from, relating
to personal communication services and any other wireless telecommunication
service subject to local zoning regulation. A regulated facility,
service and/or site includes, but is not limited to, a proposed co-located
regulated facility, service and/or site.
A small receiver/relay transmitter of not more than 20 watts'
output designed to provide service to areas which are not able to
receive adequate coverage directly from a base station.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas and
another carrier's array.
A very thin antenna, usually omnidirectional.
A.Â
Exemptions. The following shall be exempt from this
Article XVIII of the zoning regulations of the Town of Haddam:
(1)Â
Repair and maintenance of regulated facilities,
including antennas.
(2)Â
Antennas used solely for residential television
and radio reception.
(3)Â
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.
(4)Â
Antennas used by the Town of Haddam in conjunction
with police stations, firehouses, volunteer ambulance headquarters
or other municipal building uses.
B.Â
Any proposed regulated facility shall require special
permit review and approval as provided by Article XIX and this Article
XXVIII of these zoning regulations. Any proposed regulated facility
shall comply with all site plan and special permit requirements of
Articles XVIII and XIX, respectively, of these zoning regulations,
and, in addition, shall comply with all the requirements of this Article
XXVIII of these zoning regulations. No provision of these zoning regulations,
as applied to a regulated facility pursuant to this Article XXVIII,
may be waived or varied by the municipal Zoning Board of Appeals,
or other land use board under C.G.S. Chapter 124 and/or 126, as provided
by C.G.S. § 8-6 or any other law.
C.Â
Permitted areas.
(1)Â
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.
(2)Â
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.
(3)Â
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.
A.Â
Location. Wherever feasible, regulated facilities
shall be located on existing structures, including but not limited
to buildings, water towers, existing telecommunications facilities,
utility poles and towers, provided the installation preserves the
character and integrity of those structures.
(1)Â
Applicants are urged to consider use of existing
telephone, cable, or electric utility power lines or structures as
sites for regulated facilities.
(2)Â
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.
(3)Â
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:
(a)Â
Establishes the location and defines the elevation
of all proposed antenna facilities on the regulated facility consistent
with federal regulations.
(b)Â
Demonstrates that the proposed location (which
includes both regulated facility position and antenna height) is superior
to other potential locations for the proposed uses. Alternatives evaluated
shall specifically include a regulated facility of lesser height,
the use of repeaters, and other less visible technologies. The applicant
shall provide the Commission with the "search area" for the regulated
facility based on propagation analysis.
(c)Â
Documents that signal strength service objectives
are consistent with accepted engineering practice for all proposed
uses of the regulated facility.
(d)Â
Includes complete and accurate propagation plots
in relation to scaled elevation drawings addressing all facilities
to be installed on the regulated facility.
(e)Â
Demonstrates that for each proposed use of the
regulated facility the proposed height is the minimum necessary to
provide adequate coverage. This shall specifically include, but not
be limited to, an evaluation of the regulated facility's height of
50% and 75% of the proposed height.
(f)Â
Documents in writing that existing telecommunication
regulated facility sites in the Town of Haddam, and in abutting municipalities
within four miles of the Haddam Town boundary, cannot reasonably be
made to provide adequate coverage and/or adequate capacity to the
Town of Haddam. This shall include documentation that addresses the
feasibility of repeaters in conjunction with regulated facility sites
in the Town of Haddam and abutting towns to provide adequate coverage
and/or adequate capacity to the Town of Haddam.
B.Â
Visibility, camouflage and color. The Commission shall
apply the following standards and requirements to minimize the visual
impact of proposed regulated facilities.
(1)Â
Requirements for existing buildings or structures.
(a)Â
Roof mount. Where a roof mount extends above
the roof the applicant shall demonstrate that every effort has been
made to conceal the mount within or behind existing architectural
features to limit visibility from public streets.
(b)Â
Side mount. Side mounts shall blend with the
existing architecture and, if over five square feet, shall be painted
or shielded with material consistent with the design features and
materials of the building or structure.
(c)Â
Mounts and antennas located on an historic structure
shall be fully removable without diminishing the historic quality
of the structure.
(d)Â
Regulated facilities in an historic district
shall be concealed within or behind existing architectural features,
or shall be located so that they are not visible from public roads
and viewing areas within the district.
(2)Â
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.
(3)Â
Scenic roads and areas.
(a)Â
The Commission may approve a ground-mounted
regulated facility structure located in an open area visible from
a public road, recreational area, or residential development only
where it has been demonstrated by the applicant to the satisfaction
of the Commission that the proposed service cannot be reasonably provided
in a location on an existing structure or a co-location.
(b)Â
A regulated facility located within an area
ranked high for protection according to the Town of Haddam Community
Plan of Conservation and Development, or within 300 feet of a Town-
or state-designated scenic road, shall not exceed the height of vegetation
at the proposed location.
(4)Â
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:
(a)Â
Tree cover on the subject property and adjacent
properties within 300 feet, by dominant species and average height,
as measured by or available from a verifiable source.
(b)Â
Sight line representation. A sight line representation
shall be drawn from any public road within 300 feet and the closest
facade of each residential building (viewpoint) within 300 feet to
the highest point (visible point) of the regulated facility. Each
sight line shall be depicted in profile, drawn at one inch equals
40 feet. The profiles shall show all intervening trees and buildings.
In the event there is only one (or more) residential building within
300 feet, there shall be at least two sight lines from the closest
habitable structures or public roads, if any.
(c)Â
Existing ("before") condition photographs. Each
sight line shall be illustrated by one four-inch by six-inch color
photograph of what can currently be seen from any public road within
300 feet. These photographs shall be taken when deciduous leaves are
off the trees.
(d)Â
Proposed ("after") condition photographs. Each
of the existing condition photographs shall have the proposed regulated
facility superimposed on it to show what will be seen from public
roads if the proposed facility is built.
(e)Â
Sight elevations. Sight elevations, or view
at-grade, from the north, south, east and west for a fifty-foot radius
around the proposed regulated facility plus from all existing public
and private roads that serve the subject property. Elevations shall
be at either one-quarter inch equals one foot or one-eighth inch equals
one foot scale and show the following:
[1]Â
Antennas, mounts and equipment shelter(s), with
total elevation dimensions and AGL of the highest point.
[2]Â
Security barrier. If the security barrier will
block views of the regulated facility, the barrier drawing shall be
cut away to show the view behind the barrier.
[3]Â
Any and all structures on the subject property.
[4]Â
Existing trees and shrubs at current height
and proposed trees and shrubs at proposed height at time of installation,
with approximate elevations dimensioned.
[5]Â
Grade changes, or cuts and fills, to be shown
as original grade and new grade line, with two-foot contours above
mean sea level.
C.Â
Environmental and safety standards.
(1)Â
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.
(2)Â
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.
(3)Â
These shall be no increase in the rate of stormwater
runoff.
(4)Â
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.
(5)Â
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.
D.Â
Additional standards.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
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.
The following shall be included with an application
for a special permit for all regulated facilities:
A.Â
General filing requirements:
(1)Â
Name, address and telephone number of applicant,
co-applicants, and any agents for the applicant or co-applicants.
(2)Â
Co-applicants shall include the landowner of
the subject property, and any licensed carriers and tenants for the
proposed regulated facility.
(3)Â
A licensed carrier shall either be an applicant
or a co-applicant and shall provide documentation of qualifications
as a "licensed carrier."
(4)Â
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.
B.Â
Location filing requirements:
(1)Â
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.
(2)Â
Tax map and parcel number of subject property.
(3)Â
Zoning district designation for the subject
parcel (submit copy of Town Zoning Map with parcel identified).
(4)Â
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.
(5)Â
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.
(6)Â
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).
C.Â
Additional site plan and special permit requirements.
The following requirements shall be in addition to the requirements
of Sections 14 and 15 of the Town of Haddam zoning regulations and
Special Permit applications. Where the requirements of this Section
are more restrictive than that of Sections 14 and 15, these requirements
shall apply. A one inch equals 40 feet vicinity plan shall be submitted
showing the following:
(1)Â
Property lines for the subject property.
(2)Â
Property lines of all properties adjacent to
the subject property within 300 feet.
(3)Â
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.
(4)Â
Proposed location of the regulated facility,
including antenna, mount and equipment shelter(s).
(5)Â
Proposed security barrier, indicating type and
extent as well as point of controlled entry.
(6)Â
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.
(7)Â
Distances, at grade, from the proposed regulated
facility to each building on the vicinity plan.
(8)Â
Contours at each two feet AMSL (see definition
section) for the subject property and adjacent properties within 300
feet.
(9)Â
All proposed changes to the existing property,
including grading, vegetation removal and temporary or permanent roads
and driveways.
(10)Â
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.
D.Â
Design filing requirements:
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
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.
E.Â
Noise requirements. No regulated facility shall emit
or cause to be emitted any noise beyond the lease area in excess of
45 dBA.
F.Â
Radio frequency radiation (RFR) filing requirements.
The applicant shall provide a statement listing the existing and maximum
future projected measurements of RFR from the proposed regulated facility,
for the following situations:
(1)Â
Existing or ambient: the measurements of existing
RFR.
(2)Â
Existing plus proposed facilities: maximum estimate
of RFR from the proposed regulated facility plus the existing RFR
environment.
(3)Â
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.
G.Â
Federal environmental filing requirements.
(1)Â
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:
(2)Â
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.
(3)Â
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.
(4)Â
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.Â
Licensed carriers shall share regulated facilities
and sites where feasible and appropriate, thereby reducing the number
of facilities that are stand-alone. All applicants for a special permit
for a regulated facility shall demonstrate a good faith effort to
co-locate with other carriers. Such good faith effort includes:
(1)Â
A survey of all existing structures that may
be feasible sites for co-locating wireless service regulated facilities;
(2)Â
Contact with all the other licensed telecommunication
facility carriers operating in the service area of the proposed regulated
facility; and
(3)Â
Sharing information necessary to determine if
co-location is feasible under the design configuration most accommodating
to co-location.
B.Â
In the event that co-location is found to be not feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Commission. The Commission may retain a technical
expert, at the expense of the applicant, in the field of RF engineering
to verify if co-location at the site is not feasible or is feasible
given the design configuration most accommodating to co-location.
The Town may deny a special permit to an applicant that has not demonstrated
a good faith effort to provide co-location.
C.Â
The Commission reserves the right to limit regulated
facility structure height and the number of users on a regulated facility
structure in order to preserve the character and appearance of the
Town of Haddam.
The applicant shall pay any costs that the Commission
incurs for retaining one or more qualified independent consultants
to analyze and report on the application (including determining areas
appropriate for regulated facilities, reviewing the structural integrity
of the personal wireless service regulated facility design, and compliance
with FCC regulations), and the cost of the Town's monitoring of operation
of the regulated facility. These consultants shall each be qualified
professionals with degrees and/or special expertise in one of the
following: telecommunications engineering; structural engineering;
monitoring of electromagnetic fields; and other disciplines as determined
necessary by the Commission.
A modification of a regulated facility shall
require a special permit application and review as provided by this
Article XXVIII.
A.Â
The Commission may require that after the regulated
facility is operational, the applicant submit, within 90 days of beginning
operations, and at annual intervals from the date of issuance of the
special permit, existing measurements of RFR from the facility. Such
measurements shall be signed and certified by an RF engineer, stating
that RFR measurements are accurate and meet FCC Guidelines as specified
in the radio frequency standards section of this regulation.
B.Â
The Commission may require that after the regulated
facility is operational, the applicant submit, within 90 days of the
issuance of the special permit, and at annual intervals from the date
of issuance of the special permit, existing measurements of noise
from the regulated facility. Such measurements shall be signed by
an acoustical engineer, stating that noise measurements are accurate
and meet the noise standards as provided by this Article XXVIII.
C.Â
The applicant and co-applicant shall maintain the
regulated facility in good condition. Such maintenance shall include,
but shall not be limited to, painting, structural integrity of the
mount and security barrier, and maintenance of the buffer areas and
landscaping.
A.Â
At such time that a licensed carrier plans to abandon
or discontinue operation of a regulated facility, such carrier will
notify the Commission by certified U.S. mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the regulated facility shall be considered abandoned
upon such discontinuation of operations.
B.Â
Upon abandonment or discontinuation of all use of
the facility for six months, the facility owner shall physically remove
the facility within 90 days of the end of such six-month period. "Physically
removed" shall include, but not be limited to:
(1)Â
Removal of antennas, mount, equipment, shelters
and security barriers from the subject property.
(2)Â
Proper disposal of the waste materials from
the site in accordance with local and state solid waste disposal regulations.
(3)Â
Restoring the location of the facility to its
natural condition, except that any landscaping and grading shall remain
in the "after" condition.
C.Â
If a facility owner fails to remove a regulated facility
in accordance with this section of this regulation, the Town shall
have the authority to enter the subject property and physically remove
the facility. The Commission shall require the applicant to post a
cash bond, in accordance with Article XXXI of these regulations, at
the time of construction to cover costs for the removal of the regulated
facility in the event the Town must remove the regulated facility.
Town access to this bond shall remain until such time as the regulated
facility is removed. If the bond is insufficient to cover the cost
of removal, the Town may lien the property owner for the difference
between the bond amount and the actual cost, including administrative
expenses.
Guyed towers, lattice towers, utility towers
and monopoles in existence at the time of adoption of this regulation
may be reconstructed, altered, extended or replaced on the same site
by special permit, provided that the Commission finds that such reconstruction,
alteration, extension or replacement will not be substantially more
detrimental to the neighborhood and/or the Town than the existing
structure. In making such a determination, the Commission shall consider
whether the proposed reconstruction, alteration, extension, or replacement
will create public benefits such as opportunities for co-location,
improvements in public safety, and/or reduction in visual and environmental
impacts. In addition, such special permit shall comply with all the
provisions of Articles XVIII, XIX and XXVIII, inclusive, of these
zoning regulations.
