The Town Board of the Town of Hartland makes the following findings:
A. Requests to site personal wireless telecommunications facilities
have occurred and will be occurring in the Town of Hartland.
B. The Town Board finds that the rural, pastoral beauty of the Town
of Hartland requires the stringent regulation of telecommunications
towers; that such towers inherently detract from the nature and character
of the Town of Hartland and this amendment is necessary to direct
the location of personal wireless telecommunications facilities within
the boundaries of the Town of Hartland to minimize the number of such
towers; to protect residential areas and other land uses from potential
adverse impacts of personal wireless telecommunications facilities;
to minimize adverse visual impacts of personal wireless telecommunications
facilities and to encourage shared use and collocation of existing
and new personal wireless telecommunications facilities and communications
towers as a primary option rather than construction of additional
single-use towers; and to protect the general welfare of the citizens
of the Town of Hartland.
As used in this article, the following terms shall have the
meanings indicated:
TELECOMMUNICATIONS ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities.
TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission (FCC). Design
examples of telecommunications antennas are described as follows:
whip; panel; and dish.
TELECOMMUNICATIONS TOWER
A tower greater than 35 feet in height and which does not
exceed 310 feet in height (including antenna) and which supports communication
(transmission or receiving) equipment. The term "telecommunications
tower" shall not include amateur radio operators' equipment as licensed
by the FCC. Design examples of telecommunications towers are described
as follows: self-supporting lattice; guyed; and monopole.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Persons, firms or corporations supplying personal wireless
telecommunications service, including all equipment, apparatus, facilities
and devices used in the supplying of personal wireless telecommunications
service.
Subject to the provisions of this article, personal wireless
communications facilities and communications towers shall be allowed
only in the Agricultural Use District (A District), the General Business
Use District (B District) and the Light Industrial Use District (I
District).
[Amended 12-8-2005 by L.L. No. 2-2005]
If the applicant violates any of the conditions of its permit
or violates any other local, state or federal laws, rules or regulations,
this shall be grounds for revocation of the special permit. Revocation
may occur after the applicant is notified of the violations and the
Planning Board holds a hearing on the same.