MODEL WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW

Presented by VAPDA
MAY 2001

 

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[The preceding list is offered for example only. Municipalities should decide which resources require protective setbacks and what setback distances are appropriate. Digital technology, per se, should not affect setback distances. The increase in infrastructure accompanying system build-out will likely result in more numerous facilities with less power and height, for which lesser setbacks may be appropriate. A setback based on the likely fall zone (in case of tower failure) is clearly reasonable. Greater distances may be appropriate in certain circumstances. Towns with historic sites should study the Programmatic Agreement to streamline procedures for review of collocations of antennas on existing towers and other structures under the National Historic Preservation Act (NHPA) recently entered into by the FCC, the Advisory Council on Historic Preservation (ACHP), and the National Conference of State Historic Preservation Officers (NCSHPO). It is important that setbacks be motivated by concerns other than radiation health effects, such as mechanical failure, attractive nuisance, aesthetics, resource protection, etc. Finally, as noted earlier in relation to a mechanism for exceptions, the adoption of greater setback distances may need to be accompanied by a means for exceptions in order to not deny service. - ED]

1.7 Small Scale Facilities
The placement of wireless telecommunications antennas, repeaters or microcells on existing buildings, structures, roofs, or walls, and not extending more than 10 feet from the same, or the installation of ground facilities less than 20 feet in height, may be approved by the Administrative Officer, provided the antennas meet the applicable requirements of this bylaw, upon submission of:

A. A final site and building plan.
B. A report prepared by a qualified engineer[A mechanical or structural engineer will be qualitifed by virtue of licensing in the State of Vermont; RF engineers, however, are not licensed by most states, including Vermont.] indicating the structure's suitability for the telecommunications facility, and that the proposed method of affixing the antenna or other device to the structure complies with standard engineering practices. Complete details of all fixtures and couplings and the exact point(s) of attachment shall be indicated.
C. For a facility to be installed on an existing structure, a copy of the applicant's executed contract with the owner of the existing structure.

However no such device may be located closer than 50' to an existing residence.

1.8 Application Requirements for Wireless Telecommunications Facilities not Covered Under Section 1.7

An applicant for a permit must be a personal wireless service provider or FCC licensee, or must provide a copy of its executed contract to provide land or facilities to such an entity, to the Administrative Officer at the time that an application is submitted. A permit shall not be granted for a tower or facility to be built on speculation.

No construction, alteration, modification (including the installation of antennas for new uses) or installation of any wireless telecommunications tower or facility shall commence without a conditional use permit first being obtained from the [Zoning Board of Adjustment/Planning Commission/Development Review Board].

In addition to information otherwise required in the Town of _ ___________'s [Zoning Bylaws/Subdivision Regulations/Master Plan], applicants for wireless telecommunications towers or facilities shall include the following supplemental information:

A. The name and address of the applicant, the record landowners and any agents of the landowners or applicants as well as an applicant's registered agent and registered office. If the applicant is not a natural person, the name and address of the business and the state in which it is incorporated and has its principal office shall be provided.
B. The name, address and telephone number of the person to be contacted and who is authorized to act in the event of an emergency regarding the structure or safety of the facility.
C. The names and addresses of the record owners of all abutting property.
D. A report from qualified engineers that:

i. Describes the facility height, design and elevation. [It may be best to specify a structural engineer for this section. -ED]
ii. Documents the height above grade for all proposed mounting positions for antennas to be collocated on a telecommunications tower or facility and the minimum separation distances between antennas. [It may be best to specify a radiofrequency (RF) engineer for this section.- ED]
iii. Describes the tower's proposed capacity, including the number, height and type(s) of antennas that the applicant expects the tower to accommodate. [It may be best to specify a structural engineer for this section.- ED]
iv. In the case of new tower proposals, demonstrates that existing telecommunications sites and other existing structures, or other structures proposed by the applicant within 5miles of the proposed site cannot reasonably provide adequate coverage and adequate capacity to the Town of __________. The documentation shall include, for each facility site or proposed site within such radius, the exact location, ground elevation, height of tower or structure, and sufficient additional data to allow the independent reviewer to verify that other locations will not be suitable.
v. Demonstrates that the applicant has analyzed the feasibility of using "repeaters" or micro-cells in conjunction with all facility sites listed in compliance with Section 1.9 . D. v (above) to provide coverage to the intended service area________-
vi. Describes potential changes to those existing facilities or sites in their current state that would enable them to provide adequate coverage.
vii. Describes the output frequency, number of channels, sector orientation and power output per channel, as appropriate for each proposed antenna.
viii. Includes a written explanation for use of the proposed facility, including reasons for seeking capacity in excess of immediate needs if applicable, as well as plans for additional development and coverage within the Town.
ix. Demonstrates the tower's compliance with the municipality's structural standards and setbacks for towers and support structures. [Where applicable-ED]
x. Provides assurance that at the proposed site the applicant will establish and maintain compliance with all FCC rules and regulations, particularly with respect to radiofrequency exposure. The [Planning Commission/Zoning Board of Adjustment/Development Review Board] may hire independent engineers to perform evaluations of compliance with the FCC regulations, standards and requirements on an annual basis at unannounced times.
xi. Includes other information required by the Board that is necessary to evaluate the request.
Includes an engineer's stamp and registration number, where appropriate.
xii. A letter of intent committing the facility owner and his or her successors to permit shared use of the facility if the additional user agrees to meet reasonable terms and conditions for shared use.

E. For a facility to be installed on an existing structure, a copy of the applicant's executed contract with the owner of the existing structure (to be provided to the Administrative Officer at the time an application is submitted).
F. To the extent required by the National Environmental Policy Act (NEPA) as administered by the FCC, a complete Environmental Assessment (EA) draft or final report describing the probable impacts of the proposed facility.
G. A copy of the application or draft application for an Act 250 permit, if applicable.

The permit application shall be signed under the pains and penalties of perjury.

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