No special use permit relating to a telecommunications facility
shall be authorized by the Planning Board unless it finds that such
facility:
A. Is necessary to provide adequate service to locations that the applicant
is not able to serve with existing facilities;
B. Conforms to all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration, and other
federal agencies;
C. Will be designed and constructed in a manner which minimizes visual
impact to the extent practical; and
D. Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility.
The Planning Board shall promulgate necessary submission requirements to be part of any application. The Board may waive submission requirements for applicants proposing minor changes in conformity with §
285-100D above.
The shared use of existing telecommunications towers or other
structures shall be preferred to the construction of new facilities.
Any special use permit application, renewal or modification thereof
shall include proof that reasonable efforts have been made to collocate
within an existing telecommunications facility or upon an existing
structure within a reasonable distance, regardless of municipal boundaries,
of the site. The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facilities
due to one more of the following reasons:
A. The planned equipment would exceed the structural capacity of the
existing and approved telecommunications facilities or other structures,
considering existing and planned use for those facilities;
B. The planned equipment would cause radio frequency interference with
other existing or planned equipment, which cannot be reasonably prevented;
C. Existing or approved telecommunications facilities or other structures
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably;
D. Other technical reasons make it impracticable to place equipment
proposed by the applicant on existing facilities or structures; and
E. The property owner or owner of the existing telecommunications facility
or other structure refuses to allow such a collocation or requests
an unreasonably high fee for such collocation compared to current
industry rates.
Telecommunications facilities shall be constructed so as to
minimize the potential safety hazards and be located in such a manner
that if the facility should fall, it will remain within the property
boundaries and avoid habitable structures, public streets, utility
lines and other telecommunications facilities.
Telecommunications facilities shall comply with all existing
setbacks within the affected zone. Setbacks shall apply to all tower
parts, including guy wire anchors, and to any accessory facilities.
Additional setbacks may be required by the Planning Board to contain
on-site substantially all icefall or debris from tower failure and/or
to preserve privacy of adjoining residential and public property.
The use of any portion of a telecommunications facility for
signs for promotional or advertising purposes, including but not limited
to company name, phone numbers, banners, streamers, and balloons,
is prohibited. The Planning Board may require the installation of
signage with safety information.
At the time of submission of the application for a telecommunications
facility, the applicant shall submit an agreement to remove all antennas,
driveways, structures, buildings, equipment sheds, lighting, utilities,
fencing, gates, accessory equipment or structures, as well as any
tower used as a telecommunications facility, if such facility becomes
technologically obsolete or ceases to perform its originally intended
function for more than 12 consecutive months. Upon removal, the land
shall be restored to its previous condition, including but not limited
to the seeding of exposed soils.
The following types of telecommunications facilities are not
subject to the provisions of this article:
A. Antennas used solely for residential household television and radio
reception.
B. Satellite antennas measuring one meter or less in diameter.
Telecommunications facilities in existence as of March 26, 2002,
that do not conform to or comply with this article are subject to
the following provisions:
A. Telecommunications facilities may continue in use for the purpose
now used and as now existing, but may not be replaced or structurally
altered without complying in all respects with this article.
B. If an existing facility is hereafter damaged or destroyed due to
any reason or cause, the facility may be replaced or restored to its
former use, location, and physical dimensions without complying with
this article, provided that if the cost of repairing the facility
to the former use, physical dimensions and location would be 10% or
more of the cost of a new facility of like kind and quality, then
the facility may not be repaired or restored except in full compliance
with this article.