Development standards for communications towers

• A. Communications towers shall be prohibited in any historic district except by a use variance from the zoning board of review.

• B. Applications for a use variance shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three potential sites:

  • 1) Site plans;

  • 2) Photographs of the site and surrounding areas; and

  • 3) Written documentation of the lack of a site in a permitted district.

• C. The following standards shall apply to all applications:

  • 1) A reasonable effort shall be made to utilize existing structures for communications antennas. If an existing structure is not utilized, evidence as to why not shall be submitted.

  • 2) Town-owned sites near the prospective development area and which could potentially accommodate the proposed antennas and communications towers shall be identified.

  • 3) Communications towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or historic district, the setback distance shall be 1.5 feet for each one foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries according to the minimum requirements of the zoning district in which they are located.

  • 4) All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries according to the minimum requirements of the zoning district in which the communications tower is located, but no less than 25 feet. When located in or abutting a residential district or historic district, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.

  • 5) Communications equipment buildings and structures shall be considered accessory uses and shall comply with the following setbacks:

    • a) Buildings and structures with a footprint of 100 square feet or less: Shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or historic district which shall require a minimum of 25 feet.

    • b) Buildings and structures with a footprint of greater than 100 square feet: Shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 35 feet.

  • 6) Communications towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Communications towers shall be completely screened from all adjacent properties and streets and appropriately camouflaged if required. Plantings shall be of such a height and density to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the town's subdivision regulations or as accepted by the zoning officer. Screening shall comprise ten percent of the minimum established setback requirement but shall not be less than five feet in width unless located in or abutting a residential district or historic district which will require that it not be less than ten feet in width. Screenings may be waived by the zoning board of review on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

  • 7) Communications towers shall be enclosed by a fence no less than seven feet in height or no more than ten feet in height from finished grade. Access shall be through a locked gate. Communications towers in or abutting a residential district or historic district shall have fencing comprised of wood or stone.

  • 8) Communications towers shall not be artificially lighted except as required for public safety purposes by the Federal Aviation Administration (FAA) or by the town.

  • 9) No signs shall be allowed on any communications tower except as required for public safety purposes by the Federal Communications Commission (FCC) or by the town.

  • 10) Antennas not attached to a communications tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily, or public or semipublic utility structure, provided that:

    • a) The antennas are not higher than 20 feet above the highest point of the structure;

    • b) The antennas comply with applicable Federal Communications Commission and Federal Aviation Administration regulations; and

    • c) The antennas comply with all applicable zoning requirements and building codes.

  • 11) Communications towers shall be located so as to comply with the following standards for the minimum separation distance from existing towers and/or towers that have received a valid special use permit, use permit or building permit:

MINIMUM SEPARATION BETWEEN COMMUNICATIONS TOWERS (BY TOWER TYPE)

• • • i. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

    • ii. Separation distances shall be measured from the global positioning system location of the existing, approved or proposed telecommunications tower. A certified survey showing the global positioning system location of the proposed telecommunications tower shall be submitted with any application for a special use permit, use permit or building permit to demonstrate conformance with setback requirements.

• D. Abandonment or decommissioning.

  • 1) Removal requirements. Any communications tower that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

    • a) Physical removal of all communications towers, supports, structures, and related equipment from the site.

    • b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

    • c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The zoning officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

  • 2) Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the communications tower shall be considered abandoned when it fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the communications tower in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove it.

  • 3) Financial surety. Applicants for communications towers shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned communications towers. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(Ord. of 2-3-2025(1), § 1(Exh. A))