The purpose of this section is:
(a)
To provide local standards for consideration by the Connecticut
Siting Council and communication companies in determining on the location
of cell towers and/or small cell wireless installations.
(b)
To provide regulations for the development of the cell tower
site, including screening, landscaping, security, and setbacks for
the cell tower and any associated facilities.
(c)
To encourage the location of commercial wireless telecommunication
towers, antennas, and/or small cell wireless installations away from
residential neighborhoods; to protect natural and scenic vistas within
the community; to encourage the placement of commercial wireless telecommunication
towers, antennas, and/or small cell wireless installations upon nonresidential
buildings or structures; to encourage joint use of new or existing
towers and facilities; to minimize adverse visual and operational
effects through careful design, sighting and screening; to protect
historic factors from potential adverse impacts.
Amateur radio operators wireless communication facilities used by a federally licensed amateur radio operator and facilities owned and operated for municipal emergency purposes are hereby declared as a permitted accessory use subject to zoning setback and height requirements as set forth in Article VII provided that the facility is not used or licensed for any commercial purpose.
The order of preference for the location of any wireless telecommunication
facility is listed below. The most preferred is Section 595-8.16.310
and the least preferred is Section 595-8.16.316.
8.16.310
Camouflaged facility located
in or on an existing nonresidential building or structure located
in an industrial, business, adaptive reuse or design district zone.
8.16.311
On towers existing as of December 31, 2005.
8.16.312
On existing structures such as nonresidential
buildings located in an industrial, business, adaptive reuse or design
district zone; water tower/tanks; utility poles; billboards, and bridges.
8.16.313
Camouflaged facility located on an existing
nonresidential building or structure located in any zone.
8.16.314
On new towers located on property occupied
by one or more existing towers.
8.16.315
On new towers located in an industrial, commercial,
adaptive reuse or design district zone.
8.16.316
On new towers located in residential or conservation
and agriculture zones.
Any property on which a wireless telecommunication facility
is proposed, shall meet the following minimum standards:
8.16.410
The tower, antenna, and/or
small cell wireless installation shall be erected to the minimum height
necessary to satisfy the technical requirements of the telecommunications
facility and shall be designed with particular design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
8.16.411
A tower shall comply with the setback requirements
of the zone in which it is located, or a distance equal to the height
of the tower plus 25 feet, whichever is greater.
8.16.412
Proposed towers shall be located a minimum
of 500 feet from any existing residential dwelling, any public playground
or park or any public school.
8.16.413
A wireless telecommunications facility may
be considered as either a principal or accessory use.
8.16.414
The minimum lot area for the construction
of a new tower shall be that of the zone in which it is located.
8.16.415
More than one tower on a lot may be permitted
if all setbacks, design, and landscape requirements are met for each
tower.
8.16.416
A telecommunications facility may be located
on leased land as long as there is adequate ingress and egress to
the site for service vehicles, and such access is documented in a
deed easement presented to the Planning and Zoning Commission.
8.16.417
Towers in residential zones shall be monopole
design unless such tower is a camouflaged facility designed to locate
on an existing nonresidential building or structure or as otherwise
modified and approved by the Planning and Zoning Commission. The Planning
and Zoning Commission may require that a monopole be designed and
treated with architectural materials so that it is camouflaged to
resemble a woody tree with a single trunk and branches on its upper
part, or other suitable art form/sculpture as determined by the Planning
and Zoning Commission.
8.16.418
A ten-foot, chain-link galvanized steel security
fence with barbed wire shall be required around the antenna tower
and other equipment.
8.16.419
Landscaping shall be required around the security
fence(s) which shall consist of no less than two rows of evergreen
trees planted not less than 10 feet on center.
8.16.422
Any ancillary buildings or
structures associated with wireless telecommunication facilities shall
comply with the following:
8.16.423
Each building shall not contain
more than 150 square feet of gross floor area or be more than eight
feet in height.
8.16.424
Each building shall comply with the setback
requirements for accessory buildings for the zoning district in which
it is located.
8.16.425
If located on the roof of a building, it shall
be designed to blend with the color and design of the building to
the extent possible.
8.16.426
All ground level buildings, boxes, or cabinets
shall be surrounded by a security fence and be landscaped according
to the landscaping requirements of Section 595-8.16.419 through 595-8.16.421
of these regulations.
8.16.427
Towers which protrude above
the tree coverage on any property that may be located within a view
corridor of any vista that has been identified by the Planning and
Zoning Commission pursuant to the Plan of Development should be are
prohibited. The corridors for all vistas are identified in a certain
document entitled The Views of Newtown dated December 1998 as adopted
effective March 15, 1999.
8.16.428
Illumination shall not be permitted on the
tower unless required by the Federal Communications Commission, the
Federal Aviation Agency or the Connecticut Siting Council.
8.16.429
Accessory buildings, where permitted, shall
be designed to be in harmony with the surrounding neighborhood properties
and with due consideration for the impact that the tower will have
on these properties, i.e., buildings in residential districts must
have characteristics such as roof lines, siding, fenestration, etc.,
that are compatible with residential structures in the immediate area.
The Planning and Zoning Commission may request conditions that foster
a compatible design of the antenna tower with the site and the surrounding
environment.
8.16.430
Structure or rooftop mounted antennae shall
not be attached to a residential dwelling or to an accessory building
which serves a residential dwelling.
8.16.431
Noise and heat emissions of a wireless telecommunication
facility, including the power source and cooling facility shall operate
at all times within the limits of Section 595-1.06.1000.
8.16.432
The wireless telecommunication facility owner
shall make provisions for monitoring of ongoing compliance with regulations,
including provisions for regular testing of radiation emissions by
a licensed consultant.
Any special permit application with the Planning and Zoning
Commission for a commercial wireless telecommunication facility filed
pursuant to these regulations shall be accompanied by the materials
and information listed below:
8.16.510
An A-2 site survey of the
property that indicates:
(a)
The site location by address and assessor's
map, block and lot;
(b)
The name and address of the property owner, the
applicant, if different;
(c)
Scale;
(d)
North arrow;
(e)
Date;
(f)
Perimeter of property;
(g)
Property area;
(h)
Foliage limits;
(i)
Wetlands;
(j)
Watercourses;
(k)
Underground utilities;
(l)
Easements;
(m)
Septic system;
(n)
Wells;
(o)
Isolated trees over eight inches in diameter;
(p)
Stone walls;
(q)
Driveways;
(r)
Paths or trails;
(s)
Ledge outcroppings;
(t)
Existing buildings;
(u)
Required setbacks.
8.16.512
A plan showing where and how the proposed
antenna will be affixed to a particular building or structure, if
applicable.
8.16.513
Details of all proposed antenna and mounting
equipment, including size and color.
8.16.514
Elevations of all proposed antenna and mounting
equipment, including size and color.
8.16.515
An elevation of all proposed equipment buildings,
boxes or cabinets, including details of all proposed fencing, including
color.
8.16.516
The elevation of the tower base and the height
of the tower.
8.16.517
A design drawing, including cross section
and elevation of all proposed towers.
8.16.518
A description of the tower's capacity,
including the number and type of antennas it can accommodate as well
as the proposed location of all mounting positions for co-located
antennas and the minimum separating distances between antennas.
8.16.519
The design shall indicate how the tower will
collapse without encroaching upon any adjoining property if failure
occurs.
8.16.520
A view shed analysis showing all areas from
which the tower would be visible, and if requested by the Planning
and Zoning Commission, a simulation of the proposed site to help the
Board determine the visual impacts associated with the proposal.
(a)
Such simulation shall include the raising of a
balloon at the location and to the maximum height of the proposed
tower for at least three consecutive hours during each of the seven
days preceding the public hearing.
(b)
The balloon should be at least three feet in diameter
and brightly colored to permit an analysis of its visibility from
well beyond the proposed site.
(c)
A written notice of the dates, times, and location
of the balloon test shall be delivered to the office of the Town Clerk
and the office of the Planning and Zoning Commission by the applicant
at least two weeks prior to the raising of the balloon.
8.16.521
A description of the nature of uses on adjacent
and nearby properties within 1,000 feet.
8.16.522
A map of surrounding topography within 1,000
feet at contour intervals not exceeding 10 feet.
8.16.523
Propagation, modeling of minimum height, location,
review of alternatives, and signal strength prepared by a licensed
telecommunication system engineer.
8.16.524
A map indicating the service area of the proposed
wireless telecommunications facility site; the extent of the provider's
existing and planned coverage within the Town of Newtown, and a map
indicating the search radius for the proposed site, including the
location of tall structures within one quarter mile of the proposed
site.
8.16.525
A report from a licensed telecommunication
systems engineer indicating why the proposed site location is necessary
to satisfy its function in the applicant's proposed wireless
telecommunications system.
8.16.526
A description of alternative sites that were
explored relate back to location preference guidelines and describe
attempts made to address and locate alternative sites that are higher
on the location preference list than the selected site, if applicable.
8.16.527
A report from a licensed telecommunications
systems engineer indicating that the proposed wireless telecommunication
facility will comply with FCC radio frequency emission standards and
that the installation will not interfere with public safety communications.
8.16.528
Documentation prepared by a licensed telecommunications
systems engineer that no existing or planned tower or other structure
can accommodate the applicant's antenna.
8.16.529
For tall structures located within one quarter
mile radius of the proposed site, documentation that the owners of
these locations have been contacted and have denied permission to
install the antenna on these structures for other than economic reasons.
The following shall apply to the removal of abandoned towers
and related appurtenances.
8.16.610
The owner of the wireless
telecommunication facility shall submit an annual report to the Zoning
Enforcement Officer that the facility is still in use.
8.16.611
The Planning and Zoning Commission may require
the posting of a bond to ensure the timely and proper removal of a
wireless telecommunication facility. [Multiple amendments effective
9-12-2020]
