§ 421. Cellular Antenna Towers

A. The purpose of this Section is to ensure that the development of cellular communications to service the current and future needs of the Town is done in a manner which will conserve the value of land and buildings, minimize the visual impact of antennae and support structures, and minimize the number of towers which will be required to support the development of the system.

B. Cellular antennae, and towers supporting them, shall be allowed only in the Service Commercial Zoning District, and then only upon the granting of a Special Use Permit by the Zoning Board of Review. Any proposed modification to an approved telecommunications tower facility, including the antenna arrays, must be reviewed and approved by the Planning Board, Historic District Commission (if required), and the Building Official. Approval of a telecommunication tower facility shall mean approval of a Special Use Permit by the Zoning Board under Section 421 herein. (Amended June 21, 2000)

C. An applicant for such a Special Use Permit shall satisfy the following conditions:

1. The applicant shall demonstrate that all possible avenues for sharing space on an existing tower have been exhausted.

2. The maximum power output and maximum exposure limits, at ground level, must fully comply with the applicable Federal Communications Commission (FCC) standards.

3. All antennae shall be mounted higher than ninety (90) feet above ground level, and only at a lower height if permitted by a specific FCC standard.

4. The tower shall not exceed a height of two hundred fifty (250) feet above ground level. The applicant shall provide evidence that the Federal Aviation Administration has determined that the location and height of the tower upon which the antennae are to be installed do not constitute a hazard to air navigation.

5. The tower shall not be located within two hundred fifty (250) feet of any existing residential structure, or within two hundred fifty (250) feet of the building envelope of an undeveloped lot zoned for residential use. The Zoning Board of Review may reduce this setback to a minimum of one hundred (100) feet upon a showing that the two hundred fifty (250) feet is unnecessary for the location and design of the tower proposed. (Amended June 21, 2000)

6. Any change in the nature, type, or design of the antennae tower, or other elements of the system, including the number of channels initially approved, shall require another Special Use Permit.

7. The applicant must demonstrate that the proposed system is the minimum necessary to provide cellular service to New Shoreham customers.

8. The owner must agree to provide the Zoning Enforcement Official with a copy of any notice to the Federal Communications Commission of intent to cease operations. The owner must agree that if operations are ceased, the owner will remove the antenna or antennae, and any accessory structures, including the tower if such tower is no longer in use, within ninety (90) days. A bond shall be provided, in a form acceptable to the Town's Finance Director, ensuring the compliance by the owner with the requirements of this subsection.

9. The owner must agree to provide the Town with a certificate of insurance coverage for any injury or damage resulting from the facility so long as it is in place. The certificates shall be in a form acceptable to the Town's Finance Director and provide for notice of cancellation to the Town.

D. In addition to any other information or material that shall be required of an applicant for a Special Use Permit, an applicant under this Section shall provide, with its application, the following:

1. A site plan, drawn to scale, showing existing and proposed features, including topography at not greater than ten (10) foot contours and complete landscaping plans.

2. A written narrative report containing:

a. A description of the antennae and the tower with technical details and an explanation of the reasons for its particular design;

b. Data demonstrating that the structure supporting the antennae will be adequate to support its existing, proposed and anticipated use(s);

c. A description of the general capacity of the tower;

d. Data demonstrating that all applicable ANSI standards are met;

e. A statement concerning the availability of excess space and whether it will be rented;

f. Proof of ownership of the proposed site or legal right to its use.

3. A study using photographs, narrative or both, that describes where, and to what extent, any portion of the antennae or tower will be visible within a three (3) mile radius of its location.

(Section Amended December 17, 1997)