The following factors shall be considered for all applications
to locate wireless telecommunications facilities.
A. Due consideration shall be given to the Town's Comprehensive
Plan, existing land uses and development, environmentally sensitive
areas, and other appropriate factors in approving the issuance of
a special use permit or other Town approval for the siting of wireless
telecommunications facilities.
B. The Board shall give due consideration to the following factors where
applicable.
(1) Height, size, condition, stability, and appearance of the proposed
or existing facility, structure, pole, or device, with due consideration
given to the applicable zoning district.
(2) Proximity of the proposed use to residential structures and residential
district boundaries.
(3) Nature of existing and/or proposed uses on adjacent and nearby properties.
(4) The topography of the site and surrounding areas.
(5) Surrounding tree coverage and foliage.
(6) Design and aesthetic appearance of the structure, facility, or device,
with particular reference to design elements that have the effect
of reducing or eliminating visual obtrusiveness.
(7) The proposed ingress and egress for construction and maintenance.
(8) Availability of suitable existing uses or structures or poles.
(9) Whether the proposed wireless telecommunications facility, or its
location, will impede or obstruct vehicular or pedestrian travel,
obstruct or interfere with traffic control signs and signals, creates
a nuisance or hazard, and/or substantially detracts from a historic
landmark, scenic or visual space or corridor, or a culturally significant
resource.
(10)
Any other relevant factor under statutory and decisional law,
and regulatory agency rulings.
C. Unless the Board determines that a new wireless telecommunications
facility will be less intrusive than an existing structure, or based
upon other considerations is better suited, no application shall be
granted unless the applicant demonstrates to the reasonable satisfaction
of the Board that no existing facility or structure can accommodate
the applicant's proposed installation. Such evidence may consist
of any or all of the following:
(1) That no other suitable lawfully and permitted existing structures
or wireless telecommunications facilities are available for collocation
within the geographic area which meet the applicant's engineering
requirements without which the applicant's ability to provide
personal wireless telecommunications services would be materially
inhibited.
(2) That the fees and costs charged, or contractual provisions required
by the owner of an existing facility or structure in order to share
it, or adapt it for sharing, are unreasonable or commercially impracticable.
D. The applicant must demonstrate a good faith effort to locate the
facility in the least intrusive location on the property or structure,
in a manner that preserves the character and aesthetics of the area
by maximizing the use of site configurations, building materials,
and design to blend the project in with the surrounding area.
E. The applicant must establish that without the proposed facility,
its ability to provide personal telecommunications services would
be materially inhibited. In determining whether the ability to provide
personal telecommunications services would be materially inhibited,
the Board must find that the gap in service or need for densification
exists and can only be remedied by the location of the proposed antennas,
DAS system, or tower. Such evidence shall include documentation of
the coverage area of existing facilities within the area in which
the applicant contends there exists a gap in service or need for densification
to be served by the proposed facility. In determining what constitutes
substantial remediation of a gap in service or densification, and
to what extent an applicant needs to locate a facility at a specific
location or height, and what level of service is to be made available
to users, the Board shall be guided by standards set or as interpreted
by federal or state law, decisional law and regulatory agencies.
All wireless telecommunications facilities shall comply with
the following requirements, unless otherwise required by the FAA,
FCC or other applicable authority:
A. Color. All wireless telecommunication facilities shall be of a neutral
color or such other color(s) as the Board may require to reduce the
visual impact to surrounding areas. If an antenna is installed on
a structure other than a tower, it and its supporting electrical and
mechanical components must be of a color that is identical to or closely
compatible with the color of the supporting structure so as to render
it as visually unobtrusive as practicable. Whenever feasible, antennas
on top of a building shall be placed in a location where they are
not visible from street level.
B. Design. All wireless telecommunication facilities shall, to the extent
feasible, use materials, colors, textures, screening and landscaping
that will blend them into the natural setting and surrounding buildings.
C. Lighting. The facility shall not be artificially lighted. If required
by safety codes, the Federal Aviation Administration, or as expressly
authorized by the Board for good cause shown by the applicant, lighting
shall be designed to minimize to the maximum extent practicable the
resultant disturbance to the surrounding views and properties. Any
person who commits an offense against the provisions of this section
shall be deemed to be in violation of this chapter and shall be subject
to the fines and penalties set forth herein.
D. Signs. The facility shall not bear any signs or advertising devices
other than legally required certifications, warnings, or other required
seals or signage, or as expressly authorized by the Board for good
cause shown by the applicant. Any person who commits an offense against
the provisions of this section shall be deemed to be in violation
of this chapter and shall be subject to the fines and penalties set
forth herein.
E. Screening. To the extent feasible, towers, equipment enclosures,
and generator enclosures shall be landscaped with vegetation and/or
fencing sufficient to screen the view of such uses from surrounding
property, and to maintain the aesthetic quality of the surrounding
community.
F. Preservation of site. Existing mature tree growth and natural landforms
and topography at the site shall be preserved to the maximum extent
possible.
G. Stealth and concealment. Where antennas or other equipment cannot
comply with these aesthetic requirements and would be easily visible
from street level around the installation, the Board may require that
solid opaque panels of sufficient size be installed to shield the
equipment from view. No material that affects the ability of the antennas
to function will be required. Concealment may also be required on
properties occupied by or adjacent to historic sites, schools, and
houses of worship. The stealth material should comply with the color
and design standards in this chapter.
All wireless telecommunications facilities in the following
specified areas shall be designed and constructed in order to minimize
the visual and audible impact on the surrounding areas. Unless the
use of such design features would impair the ability of the facility
to provide wireless telecommunications services or is commercially
impracticable, all wireless telecommunications facilities shall utilize
collocation and stealth technology consistent with the prevailing
natural and architectural features in the area in which the facility
is to be constructed or modified. In order to comply with these standards,
all wireless telecommunications facilities shall be consistent with
the following standards.
A. Residential zoning districts. Facilities to be constructed in any
residential zoning district or within 100 feet of a residential zoning
district within the Town shall comply, to the extent permitted by
existing technology, with the following criteria:
(1) All facilities installed on utility poles, including any electric
meter required to provide service to the facility, shall be painted
a solid, flat color to match the color of the utility pole and minimize
the visual impact on the surrounding area.
(2) In the event there is no existing utility pole or alternative structure
in the area in which the applicant proposes to construct and install
the facility, the applicant shall construct and install the facility
utilizing stealth technology if directed by the Board. Stealth poles
shall consist of an opaque "clamshell" or similar type base approved
by the Board, in which all related equipment, including any associated
electrical meter, is fully contained inside the pole. Such stealth
technology wireless transmission facilities shall be painted a solid,
flat color to minimize the visual impact of the facility on the surrounding
area.
B. Sensitive locations. Facilities to be constructed in sensitive locations
shall comply with the following criteria: The applicant shall construct
and install the facility utilizing stealth technology if directed
and approved by the Board. Such stealth technology may include but
shall not be limited to poles that shall consist of an opaque "clamshell"
or similar type base approved by the Board, in which all related equipment,
including any associated electrical meter, is fully contained inside
the pole provided same does not materially inhibit the applicant's
ability to provide wireless telecommunications services. Such stealth
technology wireless telecommunications facilities shall be painted
a solid, flat color to minimize the visual impact of the facility
on the surrounding area.
At no time shall equipment noise (including chilling units, cooling fans, and backup generators or other power supplies) from any installation exceed the applicable requirements of the Town noise ordinance, and federal and state statutory requirements, whichever is stricter, at the site of the installation. Any person who commits an offense against the provisions of this section shall be deemed to be in violation of this chapter and the Unreasonable Noise Code in Chapter
144, or successor law.