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Article 6 Wireless Telecommunications Facilities
Section 600 Title
This bylaw shall be known as the Wireless Telecommunications Facilities Bylaw of the Town of Halifax. Telecommunications facilities shall include all telecommunications service providers and associated equipment and buildings.
Section 601 Purposes
The purpose of this bylaw is to protect the public health, safety and general welfare to the Town of Halifax while accommodating the communication needs of residents and businesses. This bylaw shall:
1. Preserve the character and appearance of the Town of Halifax while allowing adequate wireless telecommunications services to be developed.
2. Protect the scenic, historic, environmental, and natural resources of the Town of Halifax.
3. Provide standards and requirements for the operation, siting, design, appearance, construction, monitoring, modification, and removal of wireless telecommunications facilities and towers.
4. Minimize tower and antenna proliferation by requiring the sharing of existing communications facilities, towers and sites where possible and feasible.
5. Facilitate the provision of telecommunications services to the residences and businesses of the Town of Halifax.
6. Minimize the adverse visual effects of towers and other facilities through careful design and siting standards.
7. Encourage, through performance standards and incentives, the location of towers and antennas in non-residential areas and away from other sensitive areas including, but not limited to schools.
Section 602 Authority
Pursuant to 24 VSA 4401 et seq. the Planning Commission/Zoning Board of Adjustment of the Town of Halifax is authorized to review, approve, conditionally approve, and deny applications for wireless telecommunications facilities, including sketch, preliminary and final plans, and installation. Pursuant to 24 VSA 4407, the Board is authorized to hire qualified persons to conduct an independent technical review of applications and to require the applicant to pay for reasonable costs thereof.
Section 603 Consistency With Federal Law
In addition to other findings required by this bylaw, the Board shall find that its decision regarding an application is intended to be consistent with federal law, particularly the Telecommunications Act of 1996. The bylaw does not: 1) prohibit or have the effect of prohibiting the provision of personal wireless services; 2) unreasonably discriminate among providers of functionally equivalent services;or 3) regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions.
Section 604 Permitted Locations
Wireless telecommunications towers or facilities may be permitted as conditional uses upon compliance with the provisions of this bylaw in the following districts: Village, Rural Residential and Conservation Districts.
Section 605 Prohibited Locations
Freestanding telecommunication towers or antennas over 20 feet in elevation may not be located in any of the following locations:
1. Within 300 feet of a State or Federally designated wetland.
2. Closer than the tower height plus zoning setbacks measured to the boundaries of the property on which the tower is located.
3. Closer than 500 feet horizontally to any structure existing at the time of the application which is used as either a primary or secondary residence, to the property of any school, or to any other building.
4. Within 300 feet horizontally of any river or perennial stream.
5. Within 300 feet horizontally of any known archeological site.
6. Within 300 feet horizontally of a designated scenic road or highway.
Section 606 Small Scale Facilities
1. The placement of wireless telecommunications antennas, repeaters or microcells on existing buildings, structures, roofs, or walls and not extending more that 10 feet from the same, or the installations of ground facilities less than 20 feet in height may be approved by the Zoning Administrator, 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 indicating the structure’s suitability for the telecommunications facility and that the 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 feet to an existing residence.
Section 607 Application Requirements for Wireless Telecommunications Facilities
Applications for a wireless telecommunications facility is made to the Zoning Administrator. An applicant for a permit not covered in Section 606 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 when an application is submitted. A permit shall not be granted for a tower or facility to be built on speculation.
1. 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.
2. In addition to information otherwise required in the town of Halifax’s Zoning Bylaws, applications 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 or persons to be contacted and who are 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 a qualified Vermont professional engineer that:
i. Describes the facility height, design and elevation. (Licensed structural engineer)
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. (Radio Frequency Engineer)
iii. Describes the tower’s proposed capacity, including the number, height and type(s) of antennas that the applicant expects the tower to accommodate. (Structural Engineer)
iv. In the case of new tower proposals, demonstrates that existing telecommunications sites and other existing structures within 5 miles of the proposed site cannot reasonably provide adequate capacity to the Town of Halifax. 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 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 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 facilities, 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 standard and setbacks for towers and support structures.
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 radio-frequency exposure. The Planning Commission/Zoning Board of Adjustment 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 a licensed Vermont structural engineer’s stamp and registration number, where appropriate.
xii. A letter if 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, including provisions of this bylaw.
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 Zoning Administrator at the time an application is submitted).
f. To the extent required by the National Environmental Policy Act (NEPA) and 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 shall be signed under the pains and penalties of perjury.
3. Site Plan Requirements for Wireless Telecommunication Facilities
In addition to site plan requirements found elsewhere in the Town of Halifax’s Zoning Bylaws, site plans for wireless telecommunications facilities shall include the following supplemental information:
a. Location Map: a copy of a portion of the most recent USGS Quadrangle map showing the area within at least a two-mile radius of the proposed facility site.
b. Vicinity Map showing the entire vicinity within a 2500-foot radius of the facility site, including the facility or tower, topography, public and private roads and driveways, buildings and structures, water bodies, wetlands, landscape features, historic sites and habitats for endangered species. It shall indicate the property lines of the proposed facility site parcel and all easements or rights-of-way needed for access from a public way to the facility.
c. Proposed site plans of the entire development indicating all improvements including landscaping, utility lines, guy wires, screening and roads.
d. Elevations showing all facades and indicating all exterior materials and color of towers, buildings and associated facilities.
e. Computer generated photo simulations of the proposed facility showing the facility from all public rights-of-way and any adjacent property from which it may be visible. Each photo must be labeled with the line of sight, elevation and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.
f. In the case of a proposed site that is forested, the approximate average height of the existing vegetation within 200 feet of the tower base.
g. Construction sequence and time schedule for completion of each phase of the entire project.
Section 608 Collocation Requirements
Collocation is defined as locating wireless communications equipment from more than one provider on a single site. An application for a new wireless telecommunications facility shall not be approved unless the Planning Commission/Zoning Board of Adjustment finds that the facilities planned for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one of the following reasons:
1. The proposed antennas and equipment would exceed the structural or spatial capacity of the existing or approved tower or facility, as documented by a qualified engineer licensed to practice in the State of Vermont. Additionally, the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility.
2. The proposed antennas and equipment would cause interference materially impacting the usefulness of other existing or permitted equipment at the existing or approved tower or facility as documented by a qualified engineer licensed to practice in the State of Vermont and such interference cannot be prevented at a reasonable cost.
3. The proposed antennas and equipment, either alone or together with existing facilities, equipment or antennas, would create excessive radio-frequency exposure.
4. Existing structure is too far from the area of needed coverage to function reasonably as documented by a qualified engineer.
5. Aesthetic reasons make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.
6. There is no existing or approved tower in the area in which coverage is sought.
7. Other unforeseen specific reasons make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.
8. Towers must be designed structurally and in all other respects to accommodate both the applicant’s antennas and antennas for the Town of Halifax’s public safety agencies, and to allow for future placement of additional antennas upon the tower when overall permitted height allows.
Section 609 Access Roads and Above Ground Facilities
Where the construction of a new wireless telecommunications tower and facilities requires construction of, or improvement to, access roads, such roads shall follow the contour of the land, to the extent practicable, and be constructed or improved within forest or forest fringe areas, not in open fields. Utility or service lines shall be designed and located so as to minimize or prevent disruption to the scenic character or beauty of the area. The Town may require access to be restricted to wireless facility personnel.
Section 610 Tower and Antenna Design Requirements
Proposed facilities shall not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor. Height and mass of facilities shall not exceed that which is essential for its intended use and public safety.
1. Towers, antennas and any necessary support structures shall be designed to blend into the surrounding environment through the use of color camouflaging and architectural treatment, except in cases in which the Federal Aviation Authority (FAA), state or federal authorities have dictated color. There shall be minimum disruption of existing vegetation. Materials used for the exterior of any structure shall be of a type, color, and location so as to minimize glare and the impact on any scenic or historic areas, public vantage points or abutting properties.
2. In order to protect public safety and to preserve the scenic character and appearance of the area, the height limit for towers, antennas and tower-related fixtures shall be not more than 20 feet above the average height of the tree line measured within 100 feet of the highest vertical element of the telecommunications facility. Notwithstanding the above, additional height may be approved upon a finding by the Planning Commission/Zoning Board of Adjustment that the additional height is necessary in order to provide adequate coverage in the Town of Halifax or to accomplish collocation of facilities and that the additional height will not cause an undue visual impact on the scenic character or appearance of the area.
3. Towers, antennas and any necessary support structures shall be designed to avoid having an undue adverse impact on prominent ridgelines and hilltops. In determining whether a tower’s aesthetic impact would be undue and adverse, the Board will consider:
a. The period of time during which the proposed tower would be viewed by the traveling public on a public highway.
b. The frequency of the view experienced by the traveling public.
c. The degree to which the tower would be screened by existing vegetation, the topography of the land, and existing structures.
d. Background features in the line of sight to the proposed tower that obscure the facility or make it more conspicuous.
e. The distance of the proposed tower from the view point and the proportion of the facility that is visible above the skyline.
f. The sensitivity or unique value of a particular view affected by the proposed tower.
g. Significant disruption of a viewshed that provides context to a historic or scenic resource.
The Board shall have the authority to impose conditions consistent with the purpose of this section in approving a proposed facility. Furthermore, the Board may suggest an alternative location for the tower to be evaluated by the applicant if it is determined that the proposed location would result in undue adverse aesthetic impact. In consideration of this, the applicant may revise its application to include such a site, assuming it is available to the applicant and reasonably technically feasible to meet the applicant’s communication objectives.
4. All buildings and structures accessory to a tower (except for electric power poles where specifically exempted by the Board) shall meet the minimum setback requirements of the underlying zoning district. If the minimum setbacks of the underlying zoning district are less than the height of the tower, including antennas or other vertical appurtenances, the minimum distance from the tower to any property line shall be no less than the height of the tower, including antennas and other vertical appurtenances plus zoning setbacks.
5. Ground mounted equipment or antennas as well as buildings and structures accessory to a tower shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better complements the architectural character of the surrounding neighborhood. A planted or vegetative screen shall be a minimum of ten feet in depth with a minimum height of six feet and shall have the potential to grow to a height of at least 15 feet at maturity. Existing on-site vegetation outside the immediate site for the wireless facility shall be preserved or improved. Disturbance to existing topography shall be minimized unless the disturbance is demonstrated to result in less visual impact on the facility from surrounding properties and other vantage points.
Section 611 Tower Lighting and Signage; Noise Generated by Facility
Unless required by the Federal Aviation Administration, (FAA) no lighting of towers is permitted. In the case where a tower is determined to need obstruction marking or lighting, the applicant must demonstrate that it has or will request the least visually obtrusive marking and/or lighting scheme in FAA applications. Copies of required FAA applications shall be submitted by the applicant. Heights may be reduced to eliminate the need for lighting or another location selected.
No commercial signs or lettering shall be placed on a tower.
The Board may impose conditions to minimize the effect of noise from the operation of machinery or equipment upon adjacent properties.
Section 612 Amendments to Existing Permit
An alteration or addition to a previously approved wireless telecommunications facility shall require a permit amendment when any of the following are proposed:
1. Change in the number of buildings or facilities permitted on the site.
2. Addition or change of any equipment resulting in greater visibility or structural windloading, or additional height of the tower, including profile of additional antennas, not specified in the original application.
Section 613 Temporary Wireless Communication Facilities
Any wireless telecommunications facility designed for temporary use is subject to the following:
1. Use of a temporary facility is permitted only if the owner has received a temporary use permit from the Town of Halifax.
2. Temporary telecommunications facilities are permitted for no longer than five days use during a special event.
3. The maximum height of a temporary facility is 50 feet from grade.
4. Temporary facilities must comply with all applicable portions of these regulations.
Section 614 Continuing Obligations
Upon receiving a permit, the permitee shall annually demonstrate that he or she is in compliance with all FCC standards and requirements regarding radio frequency exposure, and provide the basis for his or her representations. [Submission of measurements assumes that they were necessary to demonstrate compliance. Most compliance can be established by other means.]
Section 615 Facility Removal
Abandoned or unused towers or non-compliant towers or facilities governed under this bylaw shall be removed as follows:
1. The owner of a facility/tower shall annually, on January 15, file a declaration with the Town of Halifax’s Zoning Administrator certifying the continuing safe operation of every facility/tower installed subject to these regulations. Failure to file a declaration shall mean that the facility/tower is no longer in use and considered abandoned.
2. Abandoned or unused towers and associated facilities shall be removed within 180 days of cessation of operations at the site unless a time extension is approved by the Planning Commission/Zoning Board of Adjustment. In the event the tower or facility is not removed within 180 days of the cessation of operations at a site, the municipality shall notify the owner and may remove the tower or facilities. Costs of removal shall be assessed against the property or tower owner.
3. Towers and facilities which are constructed in violation of permit conditions or application representations shall be removed within 180 days of cessation of operations at the site unless a time extension or negotiated solution is approved by the Planning Commission/Zoning Board of Adjustment. In the event the tower or facility is not removed within 180 days of notification of such violation, the municipality may remove the tower or facilities. Costs of removal shall be assessed against the property or tower owner.
4. An owner who has failed to file an annual declaration with the Zoning Administrator by January 15 may, by February 15, file a declaration of use or intended use and may request the ability to continue use of the facility/tower.
5. The applicant shall, as a condition of the conditional use permit, provide the Town of Halifax with a financial surety bond, from an AM Best “A” rated company, acceptable to the Planning Commission/Zoning Board of Adjustment, to cover the cost of the removal of the facility and remediation of the landscape should the above clauses be invoked.
Section 616 Maintenance of Telecommunications Facilities
The Applicant shall maintain all facilities. Such maintenance shall include, but not be limited to painting, structural integrity and landscaping. In the event the applicant fails to maintain the facility, the Town of Halifax may undertake such maintenance at the expense of the applicant or landowner.
Section 617 Insurance Requirements
The applicant shall submit to the Planning Commission/Zoning Board of Adjustment, proof of appropriate liability insurance with respect to the proposed facilities prior to construction.
Section 618 Fees
A fee for filing an application to build or alter a wireless telecommunications facility shall be as established by the Halifax Planning Commission/Zoning Board of Adjustment. Additional fees may include the reasonable costs of an independent technical assessment of the application that may be incurred during the review and permitting process.
Section 619 Enforcing Agent
The Zoning Administrator shall be the agent to enforce the provisions of this bylaw.
Section 620 Severability
If any portion of this bylaw is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this bylaw shall not be affected.
Section 622 Glossary of Telecommunications Terms
Adequate Capacity Capacity for wireless telephony is considered to be “adequate” if the grade of service (GOS) is p.05 or better for median teletraffic levels offered during the typical busy hour, as assessed by direct measurement of the facility in question. The GOS shall be determined by the use of standard Erlang B calculations. As call blocking may offer in either the land line or radio portions of a wireless network, Adequate Capacity must be determined prior to the installation of the personal wireless services facility in question, Adequate Capacity shall be determined on the basis of a 20% busy hour (20% of all offered traffic occurring within the busiest hour of the day), with total daily traffic based on aggregate estimates of the expected traffic in the coverage area.
Adequate Coverage Coverage for wireless telephony is “adequate” within that area surrounding a base station (ie the primary sending and receiving site in a network) where the predicted or measured median field strength of the transmitted signal is such that most of the time, transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the case of cellular communications in a rural environment, this would be a signal strength of at least -90dBm. It is acceptable for there to be holes within the area of adequate coverage as long as the signal regains its strength further away from the base station. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain.
Antenna A device for transmitting and/or receiving electromagnetic waves, which is attached to a tower or other structure.
Antenna Height The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
Applicant A person who applies for a telecommunications facility siting. An applicant may be the telecommunications service provider with the owner’s written permission (or other legally designated representative) or the owner of the property.
Cellular Service A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones. A cell site contains a cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary to cellular communications transmission.
Channel The segment of the radiation spectrum to or from an antenna, which carries a signal. An antenna may radiate on many channels simultaneously.
Facility Site A property, or any part thereof, which is owned or leased by one or more telecommunications facility(s) and where required landscaping is located.
Micro-cell A low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage in areas of weak coverage.
Monitoring The measurement, by the use of instruments in the field, of radio frequency exposure form telecommunications facilities, towers, antennas or repeaters.
Monopole A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations.
Personal Wireless Services Commercial mobile services, unlicensed wireless exchange access services. These services include cellular services, personal communications services, specialized mobile radio services, and paging services.
Repeater A small receiver/relay transmitter and antenna of relatively low power output designed to provide service to areas which are not able to receive adequate coverage directly from a base or primary station.
Scenic View A wide angle or panoramic field of sight that may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or a nearby object.
Self-Supporting Tower A communications tower that is constructed without guy wires.
Spectrum Relating to any transmissions or reception of electromagnetic waves.
Telecommunications Facility All equipment (including repeaters) and locations of equipment with which a telecommunications provider transmits and receives the waves which carry their services. This facility may be sited on one or more towers or structure(s) owned and permitted by the providee or another owner or entity.
Telecommunications Provider An entity licensed by the FCC to provide telecommunications services to individuals or institutions.
Temporary Wireless Communication Facility Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under construction, or for a special event or conference.
Tower A vertical structure for antenna(s) that provide telecommunication services.
View Corridor A three-dimensional area extending out from a viewpoint. The width of the view corridor depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the view corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
Whip Antenna A vertical antenna that normally transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape, narrow (less than 6 inches in diameter) and long (often measure 18 inches in height or more).
Section 600 Title
This bylaw shall be known as the Wireless Telecommunications Facilities Bylaw of the Town of Halifax. Telecommunications facilities shall include all telecommunications service providers and associated equipment and buildings.
Section 601 Purposes
The purpose of this bylaw is to protect the public health, safety and general welfare to the Town of Halifax while accommodating the communication needs of residents and businesses. This bylaw shall:
1. Preserve the character and appearance of the Town of Halifax while allowing adequate wireless telecommunications services to be developed.
2. Protect the scenic, historic, environmental, and natural resources of the Town of Halifax.
3. Provide standards and requirements for the operation, siting, design, appearance, construction, monitoring, modification, and removal of wireless telecommunications facilities and towers.
4. Minimize tower and antenna proliferation by requiring the sharing of existing communications facilities, towers and sites where possible and feasible.
5. Facilitate the provision of telecommunications services to the residences and businesses of the Town of Halifax.
6. Minimize the adverse visual effects of towers and other facilities through careful design and siting standards.
7. Encourage, through performance standards and incentives, the location of towers and antennas in non-residential areas and away from other sensitive areas including, but not limited to schools.
Section 602 Authority
Pursuant to 24 VSA 4401 et seq. the Planning Commission/Zoning Board of Adjustment of the Town of Halifax is authorized to review, approve, conditionally approve, and deny applications for wireless telecommunications facilities, including sketch, preliminary and final plans, and installation. Pursuant to 24 VSA 4407, the Board is authorized to hire qualified persons to conduct an independent technical review of applications and to require the applicant to pay for reasonable costs thereof.
Section 603 Consistency With Federal Law
In addition to other findings required by this bylaw, the Board shall find that its decision regarding an application is intended to be consistent with federal law, particularly the Telecommunications Act of 1996. The bylaw does not: 1) prohibit or have the effect of prohibiting the provision of personal wireless services; 2) unreasonably discriminate among providers of functionally equivalent services;or 3) regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions.
Section 604 Permitted Locations
Wireless telecommunications towers or facilities may be permitted as conditional uses upon compliance with the provisions of this bylaw in the following districts: Village, Rural Residential and Conservation Districts.
Section 605 Prohibited Locations
Freestanding telecommunication towers or antennas over 20 feet in elevation may not be located in any of the following locations:
1. Within 300 feet of a State or Federally designated wetland.
2. Closer than the tower height plus zoning setbacks measured to the boundaries of the property on which the tower is located.
3. Closer than 500 feet horizontally to any structure existing at the time of the application which is used as either a primary or secondary residence, to the property of any school, or to any other building.
4. Within 300 feet horizontally of any river or perennial stream.
5. Within 300 feet horizontally of any known archeological site.
6. Within 300 feet horizontally of a designated scenic road or highway.
Section 606 Small Scale Facilities
1. The placement of wireless telecommunications antennas, repeaters or microcells on existing buildings, structures, roofs, or walls and not extending more that 10 feet from the same, or the installations of ground facilities less than 20 feet in height may be approved by the Zoning Administrator, 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 indicating the structure’s suitability for the telecommunications facility and that the 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 feet to an existing residence.
Section 607 Application Requirements for Wireless Telecommunications Facilities
Applications for a wireless telecommunications facility is made to the Zoning Administrator. An applicant for a permit not covered in Section 606 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 when an application is submitted. A permit shall not be granted for a tower or facility to be built on speculation.
1. 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.
2. In addition to information otherwise required in the town of Halifax’s Zoning Bylaws, applications 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 or persons to be contacted and who are 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 a qualified Vermont professional engineer that:
i. Describes the facility height, design and elevation. (Licensed structural engineer)
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. (Radio Frequency Engineer)
iii. Describes the tower’s proposed capacity, including the number, height and type(s) of antennas that the applicant expects the tower to accommodate. (Structural Engineer)
iv. In the case of new tower proposals, demonstrates that existing telecommunications sites and other existing structures within 5 miles of the proposed site cannot reasonably provide adequate capacity to the Town of Halifax. 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 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 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 facilities, 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 standard and setbacks for towers and support structures.
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 radio-frequency exposure. The Planning Commission/Zoning Board of Adjustment 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 a licensed Vermont structural engineer’s stamp and registration number, where appropriate.
xii. A letter if 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, including provisions of this bylaw.
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 Zoning Administrator at the time an application is submitted).
f. To the extent required by the National Environmental Policy Act (NEPA) and 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 shall be signed under the pains and penalties of perjury.
3. Site Plan Requirements for Wireless Telecommunication Facilities
In addition to site plan requirements found elsewhere in the Town of Halifax’s Zoning Bylaws, site plans for wireless telecommunications facilities shall include the following supplemental information:
a. Location Map: a copy of a portion of the most recent USGS Quadrangle map showing the area within at least a two-mile radius of the proposed facility site.
b. Vicinity Map showing the entire vicinity within a 2500-foot radius of the facility site, including the facility or tower, topography, public and private roads and driveways, buildings and structures, water bodies, wetlands, landscape features, historic sites and habitats for endangered species. It shall indicate the property lines of the proposed facility site parcel and all easements or rights-of-way needed for access from a public way to the facility.
c. Proposed site plans of the entire development indicating all improvements including landscaping, utility lines, guy wires, screening and roads.
d. Elevations showing all facades and indicating all exterior materials and color of towers, buildings and associated facilities.
e. Computer generated photo simulations of the proposed facility showing the facility from all public rights-of-way and any adjacent property from which it may be visible. Each photo must be labeled with the line of sight, elevation and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.
f. In the case of a proposed site that is forested, the approximate average height of the existing vegetation within 200 feet of the tower base.
g. Construction sequence and time schedule for completion of each phase of the entire project.
Section 608 Collocation Requirements
Collocation is defined as locating wireless communications equipment from more than one provider on a single site. An application for a new wireless telecommunications facility shall not be approved unless the Planning Commission/Zoning Board of Adjustment finds that the facilities planned for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one of the following reasons:
1. The proposed antennas and equipment would exceed the structural or spatial capacity of the existing or approved tower or facility, as documented by a qualified engineer licensed to practice in the State of Vermont. Additionally, the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility.
2. The proposed antennas and equipment would cause interference materially impacting the usefulness of other existing or permitted equipment at the existing or approved tower or facility as documented by a qualified engineer licensed to practice in the State of Vermont and such interference cannot be prevented at a reasonable cost.
3. The proposed antennas and equipment, either alone or together with existing facilities, equipment or antennas, would create excessive radio-frequency exposure.
4. Existing structure is too far from the area of needed coverage to function reasonably as documented by a qualified engineer.
5. Aesthetic reasons make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.
6. There is no existing or approved tower in the area in which coverage is sought.
7. Other unforeseen specific reasons make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.
8. Towers must be designed structurally and in all other respects to accommodate both the applicant’s antennas and antennas for the Town of Halifax’s public safety agencies, and to allow for future placement of additional antennas upon the tower when overall permitted height allows.
Section 609 Access Roads and Above Ground Facilities
Where the construction of a new wireless telecommunications tower and facilities requires construction of, or improvement to, access roads, such roads shall follow the contour of the land, to the extent practicable, and be constructed or improved within forest or forest fringe areas, not in open fields. Utility or service lines shall be designed and located so as to minimize or prevent disruption to the scenic character or beauty of the area. The Town may require access to be restricted to wireless facility personnel.
Section 610 Tower and Antenna Design Requirements
Proposed facilities shall not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor. Height and mass of facilities shall not exceed that which is essential for its intended use and public safety.
1. Towers, antennas and any necessary support structures shall be designed to blend into the surrounding environment through the use of color camouflaging and architectural treatment, except in cases in which the Federal Aviation Authority (FAA), state or federal authorities have dictated color. There shall be minimum disruption of existing vegetation. Materials used for the exterior of any structure shall be of a type, color, and location so as to minimize glare and the impact on any scenic or historic areas, public vantage points or abutting properties.
2. In order to protect public safety and to preserve the scenic character and appearance of the area, the height limit for towers, antennas and tower-related fixtures shall be not more than 20 feet above the average height of the tree line measured within 100 feet of the highest vertical element of the telecommunications facility. Notwithstanding the above, additional height may be approved upon a finding by the Planning Commission/Zoning Board of Adjustment that the additional height is necessary in order to provide adequate coverage in the Town of Halifax or to accomplish collocation of facilities and that the additional height will not cause an undue visual impact on the scenic character or appearance of the area.
3. Towers, antennas and any necessary support structures shall be designed to avoid having an undue adverse impact on prominent ridgelines and hilltops. In determining whether a tower’s aesthetic impact would be undue and adverse, the Board will consider:
a. The period of time during which the proposed tower would be viewed by the traveling public on a public highway.
b. The frequency of the view experienced by the traveling public.
c. The degree to which the tower would be screened by existing vegetation, the topography of the land, and existing structures.
d. Background features in the line of sight to the proposed tower that obscure the facility or make it more conspicuous.
e. The distance of the proposed tower from the view point and the proportion of the facility that is visible above the skyline.
f. The sensitivity or unique value of a particular view affected by the proposed tower.
g. Significant disruption of a viewshed that provides context to a historic or scenic resource.
The Board shall have the authority to impose conditions consistent with the purpose of this section in approving a proposed facility. Furthermore, the Board may suggest an alternative location for the tower to be evaluated by the applicant if it is determined that the proposed location would result in undue adverse aesthetic impact. In consideration of this, the applicant may revise its application to include such a site, assuming it is available to the applicant and reasonably technically feasible to meet the applicant’s communication objectives.
4. All buildings and structures accessory to a tower (except for electric power poles where specifically exempted by the Board) shall meet the minimum setback requirements of the underlying zoning district. If the minimum setbacks of the underlying zoning district are less than the height of the tower, including antennas or other vertical appurtenances, the minimum distance from the tower to any property line shall be no less than the height of the tower, including antennas and other vertical appurtenances plus zoning setbacks.
5. Ground mounted equipment or antennas as well as buildings and structures accessory to a tower shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better complements the architectural character of the surrounding neighborhood. A planted or vegetative screen shall be a minimum of ten feet in depth with a minimum height of six feet and shall have the potential to grow to a height of at least 15 feet at maturity. Existing on-site vegetation outside the immediate site for the wireless facility shall be preserved or improved. Disturbance to existing topography shall be minimized unless the disturbance is demonstrated to result in less visual impact on the facility from surrounding properties and other vantage points.
Section 611 Tower Lighting and Signage; Noise Generated by Facility
Unless required by the Federal Aviation Administration, (FAA) no lighting of towers is permitted. In the case where a tower is determined to need obstruction marking or lighting, the applicant must demonstrate that it has or will request the least visually obtrusive marking and/or lighting scheme in FAA applications. Copies of required FAA applications shall be submitted by the applicant. Heights may be reduced to eliminate the need for lighting or another location selected.
No commercial signs or lettering shall be placed on a tower.
The Board may impose conditions to minimize the effect of noise from the operation of machinery or equipment upon adjacent properties.
Section 612 Amendments to Existing Permit
An alteration or addition to a previously approved wireless telecommunications facility shall require a permit amendment when any of the following are proposed:
1. Change in the number of buildings or facilities permitted on the site.
2. Addition or change of any equipment resulting in greater visibility or structural windloading, or additional height of the tower, including profile of additional antennas, not specified in the original application.
Section 613 Temporary Wireless Communication Facilities
Any wireless telecommunications facility designed for temporary use is subject to the following:
1. Use of a temporary facility is permitted only if the owner has received a temporary use permit from the Town of Halifax.
2. Temporary telecommunications facilities are permitted for no longer than five days use during a special event.
3. The maximum height of a temporary facility is 50 feet from grade.
4. Temporary facilities must comply with all applicable portions of these regulations.
Section 614 Continuing Obligations
Upon receiving a permit, the permitee shall annually demonstrate that he or she is in compliance with all FCC standards and requirements regarding radio frequency exposure, and provide the basis for his or her representations. [Submission of measurements assumes that they were necessary to demonstrate compliance. Most compliance can be established by other means.]
Section 615 Facility Removal
Abandoned or unused towers or non-compliant towers or facilities governed under this bylaw shall be removed as follows:
1. The owner of a facility/tower shall annually, on January 15, file a declaration with the Town of Halifax’s Zoning Administrator certifying the continuing safe operation of every facility/tower installed subject to these regulations. Failure to file a declaration shall mean that the facility/tower is no longer in use and considered abandoned.
2. Abandoned or unused towers and associated facilities shall be removed within 180 days of cessation of operations at the site unless a time extension is approved by the Planning Commission/Zoning Board of Adjustment. In the event the tower or facility is not removed within 180 days of the cessation of operations at a site, the municipality shall notify the owner and may remove the tower or facilities. Costs of removal shall be assessed against the property or tower owner.
3. Towers and facilities which are constructed in violation of permit conditions or application representations shall be removed within 180 days of cessation of operations at the site unless a time extension or negotiated solution is approved by the Planning Commission/Zoning Board of Adjustment. In the event the tower or facility is not removed within 180 days of notification of such violation, the municipality may remove the tower or facilities. Costs of removal shall be assessed against the property or tower owner.
4. An owner who has failed to file an annual declaration with the Zoning Administrator by January 15 may, by February 15, file a declaration of use or intended use and may request the ability to continue use of the facility/tower.
5. The applicant shall, as a condition of the conditional use permit, provide the Town of Halifax with a financial surety bond, from an AM Best “A” rated company, acceptable to the Planning Commission/Zoning Board of Adjustment, to cover the cost of the removal of the facility and remediation of the landscape should the above clauses be invoked.
Section 616 Maintenance of Telecommunications Facilities
The Applicant shall maintain all facilities. Such maintenance shall include, but not be limited to painting, structural integrity and landscaping. In the event the applicant fails to maintain the facility, the Town of Halifax may undertake such maintenance at the expense of the applicant or landowner.
Section 617 Insurance Requirements
The applicant shall submit to the Planning Commission/Zoning Board of Adjustment, proof of appropriate liability insurance with respect to the proposed facilities prior to construction.
Section 618 Fees
A fee for filing an application to build or alter a wireless telecommunications facility shall be as established by the Halifax Planning Commission/Zoning Board of Adjustment. Additional fees may include the reasonable costs of an independent technical assessment of the application that may be incurred during the review and permitting process.
Section 619 Enforcing Agent
The Zoning Administrator shall be the agent to enforce the provisions of this bylaw.
Section 620 Severability
If any portion of this bylaw is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this bylaw shall not be affected.
Section 622 Glossary of Telecommunications Terms
Adequate Capacity Capacity for wireless telephony is considered to be “adequate” if the grade of service (GOS) is p.05 or better for median teletraffic levels offered during the typical busy hour, as assessed by direct measurement of the facility in question. The GOS shall be determined by the use of standard Erlang B calculations. As call blocking may offer in either the land line or radio portions of a wireless network, Adequate Capacity must be determined prior to the installation of the personal wireless services facility in question, Adequate Capacity shall be determined on the basis of a 20% busy hour (20% of all offered traffic occurring within the busiest hour of the day), with total daily traffic based on aggregate estimates of the expected traffic in the coverage area.
Adequate Coverage Coverage for wireless telephony is “adequate” within that area surrounding a base station (ie the primary sending and receiving site in a network) where the predicted or measured median field strength of the transmitted signal is such that most of the time, transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the case of cellular communications in a rural environment, this would be a signal strength of at least -90dBm. It is acceptable for there to be holes within the area of adequate coverage as long as the signal regains its strength further away from the base station. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain.
Antenna A device for transmitting and/or receiving electromagnetic waves, which is attached to a tower or other structure.
Antenna Height The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
Applicant A person who applies for a telecommunications facility siting. An applicant may be the telecommunications service provider with the owner’s written permission (or other legally designated representative) or the owner of the property.
Cellular Service A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones. A cell site contains a cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary to cellular communications transmission.
Channel The segment of the radiation spectrum to or from an antenna, which carries a signal. An antenna may radiate on many channels simultaneously.
Facility Site A property, or any part thereof, which is owned or leased by one or more telecommunications facility(s) and where required landscaping is located.
Micro-cell A low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage in areas of weak coverage.
Monitoring The measurement, by the use of instruments in the field, of radio frequency exposure form telecommunications facilities, towers, antennas or repeaters.
Monopole A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations.
Personal Wireless Services Commercial mobile services, unlicensed wireless exchange access services. These services include cellular services, personal communications services, specialized mobile radio services, and paging services.
Repeater A small receiver/relay transmitter and antenna of relatively low power output designed to provide service to areas which are not able to receive adequate coverage directly from a base or primary station.
Scenic View A wide angle or panoramic field of sight that may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or a nearby object.
Self-Supporting Tower A communications tower that is constructed without guy wires.
Spectrum Relating to any transmissions or reception of electromagnetic waves.
Telecommunications Facility All equipment (including repeaters) and locations of equipment with which a telecommunications provider transmits and receives the waves which carry their services. This facility may be sited on one or more towers or structure(s) owned and permitted by the providee or another owner or entity.
Telecommunications Provider An entity licensed by the FCC to provide telecommunications services to individuals or institutions.
Temporary Wireless Communication Facility Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under construction, or for a special event or conference.
Tower A vertical structure for antenna(s) that provide telecommunication services.
View Corridor A three-dimensional area extending out from a viewpoint. The width of the view corridor depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the view corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
Whip Antenna A vertical antenna that normally transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape, narrow (less than 6 inches in diameter) and long (often measure 18 inches in height or more).
