The intent of this article is to regulate the
location and erection of all transmission towers in all districts
in order to minimize adverse visual effects of towers through careful
design, siting and vegetative screening; to avoid potential damage
to adjacent properties from tower failure and falling ice through
engineering and careful siting of tower structures; and to preserve
the rural character of Standish.
[Amended 8-8-2000 by Order No. 96-00]
There shall be no transmission towers permitted
in the Shoreland, Resource Protection, Rural Residential and Residential
Zones. Towers shall not exceed 125 feet in height above ground surface
in the Rural Zone. Towers shall not exceed 200 feet in height above
ground surface in all other zones. Special exceptions and variances
shall not be granted. Towers used for municipal purposes are exempt
from these requirements; the municipal tower shall not exceed 200
feet. Municipal towers may be owned by other than the municipality
as long as they are located on Town-owned land or contain Town transmission
facilities and have shared communication uses.
All transmission towers shall be set back from
the lot lines a distance of 1 1/2 times the structure height,
but not less than the minimum setback requirements for that zone.
Other structures [including but not limited to any accessory structure(s)
and guy wire anchors] must meet setbacks established in this chapter.
Municipal towers are exempt from these requirements, when the tower
is an accessory use with a municipal building; the municipal tower
shall not exceed 200 feet.
When regulated by the United States Federal
Aviation Administration (FAA) or Federal Communications Commission
(FCC), applications for transmission towers shall be accompanied by
evidence that such tower (and any related structures) meets or can
meet requirements and specifications of the FAA and FCC. The applicant
shall also furnish evidence of appropriate FAA/FCC operator licensing
prior to construction.
A chain-link (security) fence or wall not less
than eight feet in height from the finished grade shall be provided
around each transmission tower. Access to the tower(s) shall be through
a locked gate.
Vegetative buffering must be provided to screen
the transmission tower, including any accessory buildings and structures
at ground level, from adjacent land uses. If existing vegetation does
not provide adequate buffering, as defined by the Planning Board,
to minimize visual impact of the structure, the Planning Board may
require the applicant to provide a visual impact analysis by a qualified
professional, at the applicant's expense, who will provide a written
recommendation to the Planning Board for approval.
Lights shall be focused, shielded or hooded
in accordance with this chapter. Security lights must be motion-activated
and shall not remain on when there is no activity in the vicinity
of the tower.
At least 30 days prior to the beginning of transmission
tower construction, the applicant shall notify the Code Enforcement
Officer of the date on which construction will begin. The Code Enforcement
Officer may require the applicant to pay the cost for special officers
to ensure traffic safety while the transmission tower and related
materials and equipment are being delivered to the site and to take
other reasonable measures which might be necessary to protect rights-of-way,
neighboring property and persons during construction of the transmission
tower.
The design, siting and operation of the transmission
tower and any related structures must assure that all potentially
hazardous radiation is controlled or contained and that radiation
levels are at safe levels at the property lines of the site. The standards
for emission levels shall be the federal or state NIER emission or
measurement standard, whichever is more strict. Until such standard(s)
are established, the NIER emissions shall not expose the general public
to ambient radiation exceeding an equivalent plane wave power density
of zero and 0.2 milliwatts per square centimeter (mW/cm2) to 30 to
300 megahertz (MHz) frequency range average over a one-tenth-hour
period. The standard shall be measured at the property lines.
Subject to federal requirements stating otherwise,
transmission towers shall be finished or painted silver or gray or
retain galvanized finish in order to blend with the sky above treetop
level and earth-tone colors to blend with colors below treetop level.
The purpose of these requirements is to minimize the visual effects
the tower(s) through design, siting or possible screening.
A.
A new permit or a modification of an existing permit
shall be required before any additional antenna or broadcasting capacity
is added to the transmission tower facilities and capacity that exist
at the time of a previous tower site plan approval or changes to existing
towers, accessory building or other uses on the site not covered by
a site plan approval.
B.
The new permit or modification of a previously existing
permit must provide all necessary information and assurances to substantiate
that the tower is capable of safely handling additional antenna and
that the other site requirements (parking, screening, etc.) will be
met according to the requirements of this Part 1.
C.
The Planning Board may require that certain information
and evidence be provided by a third-party professional at the expense
of the applicant to ensure that the requirements of this Part 1 are
satisfied.
Prior to approval of site plan review, the applicant
shall establish that the location, construction and operation of the
proposed transmission tower will not represent a safety hazard to
abutting properties or public right-of-way. The Planning Board may
require that certain information and evidence be provided by a third-party
professional at the expense of the applicant to ensure that this requirement
is satisfied.
The transmission tower owner will notify the
Code Enforcement Officer within 30 days of the tower being taken out
of operation. Within 60 days of the tower going out of operation,
the owner shall notify the Planning Board of their intentions for
the tower in the future. If there is no future use intended for the
tower, it must be dismantled and removed from the site within nine
months of the date of notice. The applicant shall be required to place
in escrow an amount sufficient to cover the cost of tower removal,
with this bond to be reviewed every 10 years. These requirements shall
be placed on the site plan as conditions of the use.
