Article XIII, Sec. 36-457 to 36-484

The maximum height of any telecommunications tower and attached antennas constructed after the effective date of the ordinance from which this article is derived shall not exceed that which shall permit operation without artificial lighting of any kind, in accordance with municipal, town, state, and/or any federal statute, law, local law, ordinance, code, rule or regulation.

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by federal regulation or this article.

Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days.

At a telecommunications site, an access road, turnaround space, and parking shall be provided to ensure adequate emergency and service access.

If the application is for a special use permit for collocating on an existing telecommunications tower or high structure, where no increase in height of the tower or structure is required, the nonrefundable fee shall be $2,000.00.

At the time that a person submits an application for a special use permit for a new telecommunications tower, such person shall pay a nonrefundable application fee of $5,000.00 to the town.

The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three-foot diameter brightly colored balloon at the maximum height of the proposed new tower.

The telecommunications tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference.

The initial deposit shall be $8,500.00. The placement of the $8,500.00 with the town shall precede the preapplication meeting.

Commercial general liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate; Automobile coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate.

The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the town a bond, or other form of security acceptable to the town as to type of security and the form and manner of execution, in an amount of at least $75,000.00.

The applicant, at the time of submission of the application, shall be required to provide names and address of all landowners whose property is located within 1,500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located.

At any time between 12 months and six months prior to the five-year anniversary date after the effective date of the special use permit and all subsequent fifth anniversaries of the effective date of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such wireless telecommunication facilities shall submit a signed written request to the council for recertification.

All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.

All proposed wireless telecommunications facilities shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: a distance equal to the height of the wireless telecommunications facility or the existing setback requirements of the underlying zoning district, whichever are greater.

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the town.

All facilities shall be located only on property zoned B-1 or M-1.

Wireless telecommunications facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities.