§ 171-126

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 three-hundred-sixty-five-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence within 90 days

There shall be no public hearing required for an application to co-locate on an existing tower or other similar structure that does not increase the height by extending above the top of the structure. Subject to the requirements contained in § 171-25, an application to co-locate on an existing tower or similar structure that does not increase the height by extending above the top of the structure shall be handled administratively.

The holder of the special exception permit shall, annually, certify to the Town that NIER levels at the site are within the threshold levels adopted by the FCC.

If the application is for a special exception permit for co-locating on an existing tower or other suitable structure, where no increase in height of the tower or structure is required, the nonrefundable fee shall be $2,000.

At the time that a person submits an application for a special exception permit for a new tower, such person shall pay a nonrefundable application fee of $5,000 to the Town.

Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate

The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within four miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and demonstrates conclusively why an existing tower or other suitable structure cannot be used.

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

Any wireless telecommunications facility that is permitted shall be constructed, completed and provide service no later than six months from the date of the grant of the initial permit.

The initial deposit shall be $8,500. The placement of the $8,500 with the Town shall precede the pre-application meeting.

If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $5,000.

The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77.

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special exception permit for wireless telecommunications facilities, then the holder of such a special exception permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna and the basis therefor.

No tower constructed after the effective date of this article, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, Town, state, and/or any federal statute, law, local law, Town ordinance, code, rule or regulation.

Notwithstanding anything to the contrary in this subsection or any other section of this article, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Town may, at its sole discretion, order the violation remedied within 24 hours.

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law and in such an instance shall shield or otherwise construct the facility to prevent any ground scatter effect of lighting.

The maximum permitted height of a new tower shall be that needed for functionally reliable service based on up to six co-located antenna arrays requiring six feet of vertical space each, and the ambient tree height in the immediate area around the proposed tower.

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...

In order that the Town may notify nearby landowners, the application shall contain the names and addresses of all landowners whose property is located within 1,500 feet of any property line of the lot or parcel on which the new wireless telecommunications facilities are proposed to be located.

Prior to the approval of any application for a special exception permit for a new tower or a co-located wireless facility that extends above the top of the structure attached to, thereby increasing the height of the structure, a public hearing shall be held by the Town, notice of which shall be published in the official newspaper of the Town no less than 10 calendar days prior to the scheduled date of the public hearing.

Between 12 months and six months prior to the five-year anniversary date after the effective date of the special exception permit and all subsequent five-year anniversaries of the effective date of the original special exception permit for wireless telecommunications facilities, the holder of a special exception permit for such wireless telecommunications facilities shall submit a signed written request to the Town for recertification.

The holder of the special exception permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town.

All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

On existing towers or other structures without increasing the height of the tower or structure. On Town-owned properties. On properties in areas zoned for industrial use (I-Industrial). On properties in areas zoned for business use (GC General Commercial, CC Core Commercial, NC Neighborhood Commercial). On properties in areas zoned for agricultural use (A-1 Agricultural). On properties in areas zoned for residential use (R-1 Medium Density Residential, R-2 Multifamily Residential, MHP Mobile Home Park).

No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this article without having first obtained a special exception permit for wireless telecommunications facilities.

Towers shall be galvanized or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this article.

All proposed towers and any other proposed wireless telecommunications facility structures 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 proposed tower or wireless telecommunications facility structure plus 10% of the height of the tower or structure, or the existing setback requirement of the underlying zoning district, whichever is greater.

Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice or of the date of personal service of the notice, whichever is earlier.

A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $350 per day per occurrence or imprisonment for a period not to exceed six months, or both, for conviction of a first offense

for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both

and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both

Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s).

The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. No other signage, including advertising, shall be permitted.