Town of milan zoning ordinance
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Is realistically capable of management for economically-viable agriculture or forestry activities:
ARTICLE Vl. MINIMUM LOT SIZE The minimum lot size is based upon the soil characteristics of the lot as determined by the minimum lot size by soil type standards in the Milan Subdivision Regulations. The minimum lot size shall, in no case, be less that one (1) acre, except in a open space cluster development as determined by the Planning Board. Only one dwelling is allowed per lot. ARTICLE VII TELECOMMUNICATIONS EQUIPMENT AND FACILITIES 7.01 Findings The Town of Milan finds that regulation of the placement, spacing installation, location and number of both wireless and conventional telecommunications facilities, consistent with federal and State policies and law, supported by goals in the Town’s Master Plan in the public interest in order to
7.02 Intent In compliance with Section 253 of the Telecommunications Act of 1996, the Town hereby states that it does not intend to create barriers to the ability of any entity to provide interstate or intrastate telecommunications sen/ices. The Town hereby states its intent not to discriminate against or favor providers of telecommunications facilities and services.
The purposes of this Article, which shall serve as standards for guiding its administration, are as follows: A. To preserve the authority of the Town to regulate the siting of telecommunication facilities and to determine the optimum location for such facilities in order to provide telecommunications services to the community quickly, effectively and efficiently. B. To enable the Town to take such steps as may be needed to reduce any adverse impacts such facilities may create, including, but not limited to, impacts upon aesthetics, environmentally sensitive areas, flight corridors, recreational uses of wild lands, historically significant locations, health and safety concerns and property values; C. To encourage the use of innovative siting and configuration options, including siting possibilities beyond the political jurisdiction of the Town; to require cooperation and co-location between competitors and the exhaustion of all other reasonable alternatives before the construction of new towers is permitted; and D. To ensure that there is an adequate assumption of responsibility for maintenance, repair, and regular safety inspections of operational facilities, and for the prompt and safe removal of abandoned facilities and for the removal or upgrade of facilities that are technologically outdated. 7.04 Regulation of Telecommunication Facilities
a. Towers, antennas or other telecommunications facilities shall be located and designed so as to preserve the ability of the public to enjoy the scenery surrounding the Town, including, particularly, views of the mountains and the rivers; b. The use of alternative technologies and of co-location shall be thoroughly studied and, determined to be not feasible before the construction of any new towers are approved; c. No telecommunications tower shall exceed 80' in height; d. Telecommunications towers, antennas and other electrical and mechanical equipment shall be made with a neutral finish or color or otherwise treated so as to reduce their visual impact; e. Towers shall only be artificially lighted if required by some applicable authority and such lighting shall be designed so as to cause the least impact upon surrounding properties or the community; f. Towers shall not contain any permanent or temporary signs, writing, symbols or other graphic representation of any kind except as may be allowed or required by the Planning Board in the interests of public safety; g. Towers shall be set back a distance of 125% of the height of the tower from the nearest lot line or any off-site structure; h. Towers, guys, accessory structures and other telecommunications facilities and equipment shall comply with setback requirements applicable to commercial uses; i. Towers shall not be located within three miles of any other tower; j. Towers shall be enclosed by fencing at least 6 feet in height and shall be equipped with appropriate anti-climbing devices; k. Access for motorized vehicles to sites where telecommunications facilities are located shall conform to Town requirements relating to driveways whenever possible; but if the Planning Board determines that such conformity is not feasible, it may permit such access subject to any conditions it deems reasonably necessary to minimize the impact of the access route upon the surrounding environment. I. For purposes of determining whether the installation of a tower or antenna complies with Town regulations, including but not limited to set-back, lot coverage and other requirements, the boundaries and dimensions of the entire lot shall control, even though the tower or antenna may be located on a leased parcel within the lot. m. The installation or operation of telecommunications equipment or facilities shall not be considered, or permitted, as an extension of a non-conforming use. 7.05 Applicability A. Telecommunications facilities shall not be considered infrastructure, essential services or public utilities and the siting of such facilities shall constitute a use of land to be regulated by this ordinance and Town regulations. B. This ordinance shall not govern any tower, or the installation of any antenna that is under 70 ft in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. This application adopts the provisions and limitations as referenced in RSA 674:16,IV
The applicant must submit the following with their application for a special use permit in addition to any other standard application forms and application fees: 1. For all commercial telecommunication facilities, a complete application for Site Plan Review must be submitted jointly with the application for a Special Use Permit. 2. A scaled plan including a scaled elevation view, topography, radio frequency coverage, tower height, setbacks, parking, fencing, landscaping and adjacent land uses. 3. Written proof that the proposed use/facility complies with FCC regulations on radio frequency (RF) exposure guidelines, and FAA regulations on tower lighting requirements which may include a copy of the carriers FCC license in accordance with RSA 12-K. 4. Written proof that an evaluation has taken place satisfying the requirements of the National Environmental Policy Act (NEPA) further referenced in applicable FCC rules. Such written proof shall include the results of the evaluation. Section 106 Review completed by the Division of Historic Resources (603) 271-3483. 5. An inventory of existing towers that are within the jurisdiction of the Town of Milan and those within twenty-miles (RSA 12 -K) of the border thereof, including specific information about the location, height, design of each tower, as well as economic and technological feasibility for co-location on the inventoried towers. 6. For applications for a new tower, the applicant shall submit written evidence demonstrating that no existing tower or structure can accommodate the applicant's proposed antenna. This evidence shall consist of one or more of the following: (a) Substantial evidence that no existing towers or structures are located within the geographic areas required to meet the applicant's engineering requirements. (b) Substantial evidence that existing towers or structures are not of sufficient height to meet the applicant's engineering requirements, and why. (c) Substantial evidence from a licensed engineer that existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, (d) Substantial evidence from a licensed RF engineer that the applicant's proposed antenna would cause electromagnetic interference with an antenna on an existing tower or structure, or an antenna on an existing tower or structure would cause interference with the applicant's proposed antenna. (e) Substantial evidence that the fees, costs, or contractual provisions required by the owner in order to share the existing tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. (f) Substantial evidence that demonstrates other limiting factors that render existing towers and structures unsuitable for the applicant's proposed antenna. 7. For applications for a new tower, the applicant shall submit an agreement with the Town that allows for the maximum allowance of co-location upon the new structure. This statement shall, at a minimum, require the applicant to supply available co-location for reasonable fees and costs to other telecommunications providers. Failure to provide such an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and well-planned development of the Town of Milan, and grounds for the application to be denied.
9. Each application for a tower, monopole, or alternative structure shall be submitted with a design certified by a competent engineer that the structure has been engineered to accommodate the maximum number and type of all compatible telecommunication media antennae. Preference will be given to flush mount monopoles and stealth facilities.
A. All towers, antennas and other telecommunications facilities and equipment shall meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal or state governments having controlling regulatory authority and if such standards or regulations are changed, the owners or operators of such facilities or equipment shall ensure that it complies with the revised standards or regulations within 6 months of the effective dates of the revision, unless a more stringent compliance schedule is mandated by the controlling authority. B. The owner of a telecommunications facility shall provide an annual certification to the Planning Board verifying compliance with any conditions of approval for a special exception and current standards and regulations of the FAA, and FCC and any other agency of the Federal government with the authority to regulate towers and antennas. The certification shall also verify that the structure is still needed for the operation of the owner's network, Said certification shall be submitted to the Planning Board prior to January 31 of each year. Failure to submit an annual certification shall constitute abandonment and be grounds for removal of the telecommunications facility. C. The owner of a tower, antenna or other telecommunications facilities and equipment shall be responsible for ensuring that such facilities and equipment at all times conform to Town regulations and meet the applicable standards published by the Electronic Industries Association, as such standards may be amended from time to time; and if, upon inspection, the Selectmen determine that such regulations or standards are not being met, or that the facilities or equipment pose a danger to persons, property or the community, they shall notify the owner of the defects in writing and if the owner shall within 30 days, remedy such defects, his failure to do so shall constitute abandonment and shall be grounds for the removal of the facilities and equipment at the owner's expense through execution of the posted security. D. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and hazardous to the public health and safety unless the owner provides proof of quarterly inspections, and such antenna or tower shall be removed in accordance with the following procedure: a. The Planning Board shall hold a public hearing after due notice to abutters and to the last known owner/operator of the antenna or tower. b. If at such hearing, the Planning Board determines that the antenna or tower is, in fact, abandoned, it shall issue a declaration of abandonment to the owner/operator and to the Selectmen. c. Within 90 days after issuance of such declaration, the owner shall remove the abandoned structure and, if he shall not, the Town may execute the security and have the structure removed at the owner's expense. d. If there are two or more users of a single tower, the provisions of this subsection shall not become effective until all users cease using such tower.
a. strict adherence with the regulations is not required to effectuate the purposes of this ordinance; b. strict compliance would create practical difficulty and unnecessary inconvenience; or c. strict compliance would potentially cause a conflict with the Telecommunications Act of 1996. 7.09 Security A. Before, and as a condition of, the approval of a Site Plan filed in connection with the installation of any telecommunications facility, the Planning Board will require the developer or installer to file with the Town a bond in an amount adequate to cover the costs of removing the facility, together with any structures or equipment appurtenant thereto, and of returning the site to its condition prior to such installation. B. The provisions of the Site Plan Review Regulations relating to performance bonds shall apply to a bond required under this Section; provided, however, that it shall remain on file with the Town, and shall not be released unless the installation has been decommissioned, dismantled and removed.
ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT 8.01 Enforcement It shall be the duty of the Board of Selectmen to enforce and administer the provisions of this Ordinance. The Board of the Selectmen or an appointed Building Inspector shall administer the Zoning Ordinance literally and shall not have the power to permit any use of land or buildings which is not in conformance with this Ordinance. The Zoning Board of Adjustment must approve variances and Special Exceptions. 8.02 Building Permits 1. A building permit shall be obtained before a building or structure is constructed, extended, removed or altered. This requirement also applies to swimming pools, manufactured housing and exterior signs. 2. A building permit application shall be on a form provided by the Town, and shall furnish all requested information, and be accompanied by a permit fee, based on a fee schedule established by the Selectmen. 3. The Selectmen or Building Inspector shall act upon any application within 30 days after it has been received. If a permit is denied, the reason for denial shall be clearly stated in writing. The Board of Adjustment may, upon appeal, special exception or variance, direct the issuance of a permit. 4. Any permit issued shall become invalid if the authorized work is not commenced within 12 months after issuance of the permit, or if authorized work is suspended or abandoned for a period of six months after the time of commencing the work. 5. A true copy of the building permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work and until the completion of same. 6. No permit shall be transferred to a subsequent owner. 7. The Selectmen may appoint a Building Inspector, prescribe his duties, and fix his compensation 8. In the discharge of duties, the Selectmen, Building Inspector, Fire Chief, or authorized representative shall have the authority to enter at any reasonable hour, with the permission of the leaseholder or, if there is no leaseholder, the owner (provided 24 hours notice is offered the leaseholder, or, if there is no leaseholder, the owner), any building, structure or premises in the Town to enforce the provisions of this ordinance. 9. The Selectmen, Building Inspector, Fire Chief or authorized representative shall not be personally liable while performing duties in administration of this Ordinance. No oversight or neglect of duty of these officials in administering this Ordinance shall legalize any work that fails to neither conform to this Ordinance nor relieve the applicant therefrom. 10. Upon notice from the Selectmen or the Building Inspector that work on any building or structure is being prosecuted contrary to the provisions of this Ordinance or in an unsafe or dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Any person who shall continue to do any work in or about the structure after having been served with the stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition(s), shall be subject to fines as provided for in Section VIII. 8.03(2.) of this Ordinance. 11. No permit requiring a variance or special exception can be issued until twenty-one (21) days after the issue of the variance or special exception. 8.03 Enforcement and Penalty 1. If any violation of this Ordinance occurs, the Selectmen shall institute in the name of the Town of Milan, any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate such violation. 2. Any person who violates any of the provisions of this ordinance shall be subject to fines and penalties according to RSA 676:17. A violation of this ordinance shall be subject to a civil penalty not to exceed $ 275.00 for each day that such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the Selectmen that the violator is in violation, whichever is earlier.
A Board of Adjustment shall be elected at the annual town meeting consisting of five (5) members. The Board membership, including length of term, alternates and vacancies, and its organization, shall be consistent with the state law (RSA 672 and 673). The Board shall have the duties and powers as provided by RSA 674:33. It may upon application: 1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Selectmen or the Building Inspector in enforcement of this Ordinance; 2. Hear and decide Special Exceptions to the terms of this Ordinance upon which the Board of Adjustment is required to pass as provided herein; and 3. Hear and decide upon variance requests where the Board finds that all of the following conditions apply: (a) There are special conditions applying to the land or structure for which the variance is being sought (such as, but not limited to, exceptional topographical conditions) which are peculiar to such requirements of this Ordinance as will deprive an owner of a reasonable use of such property, and will impose upon such owner a hardship not shared by owners of surrounding property. (b) In order to support a variance, it is necessary to find that (1) no diminution in value of surrounding properties would be suffered, (2) granting of the variance would be of benefit to the public interest, (3) its denial would result in unnecessary hardship to the owner seeking it, (4) by granting the variance substantial justice would be done, and (5) the use would not be contrary to the spirit of the Ordinance; (c) The use proposed is a permitted or allowed one; (d) The specific variance is the minimum variance necessary to provide for a reasonable use of the land or structure. 9.02 Appeals The Board of Adjustment shall hear and decide any case in which it is alleged there is an error in any order, requirement, decision, or determination made by any official in the enforcement of this Ordinance as granted in RSA 674:33. Yüklə 142,32 Kb. Dostları ilə paylaş:
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