§ 220-53. Amateur radio towers over 30 feet in height.

The Town Planning Board may approve a special use permit for amateur radio towers permitted in § 220-9 which are greater than 30 feet in height above ground level, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and conditions are maintained:

A. 

In the event of a change of use of the structure, either a new special use permit must be obtained or the structure must be dismantled and removed.

B. 

Commercially manufactured structures are to be installed in accordance with manufacturer's specifications and installation instructions. A copy of the manufacturer's specifications and installation instructions must be furnished with the permit application. The Code Enforcement Officer will inspect the installation, as appropriate, during construction and upon completion to ensure compliance with said manufacturer's specifications instructions. The Code Enforcement Officer may approve deviations in use of materials or methods, provided that such deviation does not reduce the safety of any involved structure(s).

C. 

Nonmanufactured units are to be of sound design and construction quality and practice as determined by the Town Development Office. Sketches, drawings, and materials specifications and details as required by the Planning Board to ensure safety compliance will be submitted with or subsequent to the permit application. In the event there is substantive question by the Planning Board of the material or design safety of the proposed structure and with the concurrence of the applicant and at the applicant's expense, or at the applicant's request and expense, the Planning Board will refer the design and material specifications to the Town Engineer or other appropriate professional engineer for evaluation and opinion. In the event of referral to an engineer, the engineer's determination(s) regarding safety of design and/or materials will be final. In no event will a permit be issued for erection of a structure where the design or material were determined to be unsafe by the Planning Board or, if referred to the Town Engineer or a professional engineer by the Planning Board, the engineer.

D. 

The base placement of the tower or mast or pole must conform to normal property line setback requirements for utility structures for the district in which it is erected. If the structure is guyed to ground anchor points, the guy ground anchor points should conform to setback requirements for utility structures within the district. If necessary to place one or more guy points on or nearer to property lines than the utility setback requirement for any reason, in lieu of a variance, those guy points may be elevated at least six feet above the ground level, provided the structurally adequate material utilized for elevation purposes does not exceed four inches in diameter.

E. 

No provision of this or any other part of Chapter 220 shall operate, except for substantive reasons of public health, welfare or safety, duly established and recorded, to deny a special use and construction permit under this section for towers, masts or poles of up to 70 feet in height to anyone possessing a valid Federal Communications Commission amateur radio service station or operator license, provided that a copy of such license accompanies the permit application.

F. 

In considering applications for structures exceeding 70 feet in height, special consideration must be accorded those licensed in the Amateur Radio Service by the Federal Communications Commission. Structure height consistent with conducting effective communications is the objective to be achieved. In establishing the permitted height, the Planning Board must consider geography, topology, end-to-end communications points and such technical information regarding radio signal propagation as may be obtained from the applicant, the American Radio Relay League (Newington, Connecticut), the Electronic Industries Association, the Institute of Electrical and Electronic Engineers, and information obtainable from the Federal Communications Commission or other subject matter experts as may be engaged by the Planning Board from time to time. It is the responsibility of the applicant to supply appropriate data and information to the Planning Board to substantiate and justify the structure height requested.