Act 250 Application for Communications Facilities1
“Communications facilities” as used in this application form includes telecommunication towers and associated
antennas, other communications antennas mounted on existing structures (buildings, silos, etc.), as well as a
“telecommunications facility” defined in Act 250 as: “...a support structure which is primarily for communication or
broadcast purposes and which will extend vertically 20 feet, or more, above the highest point of an attached existing
structure or 50 feet, or more, above ground level in the case of a proposed new support structure, in order to transmit or
receive communication signals for commercial, industrial, municipal, county or state purposes.” See 10 V.S.A., Section
6001(26).
1
General Instructions: All applications for “development,” as defined in 10 V.S.A. §6001, including those for
towers, antennas, and ancillary communications equipment, are required to address the ten criteria of Act 250.
These instructions are for applications involving new towers and other antenna support structures, as well as
the installation of telecommunications antennas on existing structures. As noted in the application forms
that follow, certain questions apply to the construction of new towers and other support structures
only, not to the addition of antennas to existing towers, buildings, or other support structures. The
district coordinator can provide guidance about application requirements for these projects, based on
a limited potential for impacts under the 10 criteria. If you have any questions about how to fill out the
application form, please contact the district coordinator.
Although towers and antennas themselves may have significant impacts, roads, power lines, sheds, buildings,
fences, and other equipment may also be part of the project. All features of the project must be addressed
under the ten criteria of Act 250. In addition to the physical improvements and infrastructure, there are three
project phases to be considered: the construction phase, the use after construction, and the reclamation or
removal when the project is no longer being operated or used.
Prior to filling out the application forms, obtain a Project Review Sheet or Jurisdictional Opinion from the Act
250 District Coordinator to determine Act 250 jurisdiction over your project.
All of the forms contained herein are available electronically at our web site: www.nrb.state.vt.us/lup, and
also on disk (828-5441). To prevent delay, applicants are advised to download and use the form from the web
site without modification, being sure to respond to every relevant question or request for information. Each
response should be preceded by the question or request for information from the form. As stated above,
please note that some questions may not be relevant to smaller projects, such as the installation of
antennas on existing structures.
The Four-Page Cover Form: The applicant and landowner must sign the application even if the
communications facility is leased on a portion of a large tract. All other holders of an interest in the tract or
tracts must be identified and may be required by the District Environmental Commission (“District Commission”
or “Commission”) to sign the application pursuant to the Commission’s authority as stated in Act 250 Rule
10(A). All easements, rights-of-way, and other encumbrances to the land should be described. The project
description should include all new construction and all changes for which approval is required. This description
will be used to create a legal notice for the public.
Schedule B: The Schedule B for Communication Facilities is a form that has been customized for
communications facilities applications. Given the District Commission's legal obligation to make positive
findings, all ten criteria are relevant and must be addressed if applicable.
Glossary: In completing the Schedule B, the applicant shall apply the definition of terms contained in the
Glossary of Terms at the conclusion of the application forms.
Act 250 Application for Communications Facilities
Page 2
Note to Applicants: In reviewing adverse aesthetic impacts under criterion 8, the Commission will apply the
legal principles enunciated in In Re Quechee Lakes Corp., No. 3W0411-EB and No. 3W0439-EB (Nov.4,
1985). See also Recommended Aesthetic Mitigation Measures, Page 23.
Act 250 Electronic Submission Guidelines
The Natural Resources Board is working to improve on-line access to Act 250 files for
applicants, state agency staff, and the general public. As part of this effort we will be expanding
the on-line Act 250 database (www.anr.state.vt.us/site/cfm/act250/search.cfm) into a
comprehensive, searchable database of all Act 250 applications, as well as an internet-based
map which will allow users to geographically locate lands subject to Act 250 permits.
To help implement this effort, applicants and parties are required to provide an electronic copy
of all Act 250 submittals, including the original Act 250 permit application and any follow up
submittals, pursuant to Act 250 Rule 10(E), unless this requirement creates an undue burden for
the applicant or a party. Please note that the required electronic copy is in addition to the
required paper copies, which must still be submitted to the district office and parties.
The following guidelines provide further information about the format of electronic submissions.
Guidelines for Electronic Media, File Formats, and Folders:
1) Acceptable electronic media, in order of preference, include compact disc (CD) and digital
video disc (DVD). Depending on the size of your electronic files, we may also be able to
accept your electronic submission by email. Please check with our district office staff before
sending any files by email. Alternatively, you may transmit your files electronically via FTP.
Please see the instructions below for FTP filings.
2) All document files and site plans should be submitted in Adobe PDF format (.pdf). Microsoft
Word (.doc) is acceptable if Adobe PDF is not available. Wherever possible please convert
your documents to PDF directly from the word processing or engineering design program
where they were created rather than scanning the paper version of the document. If you
need to scan a paper document to PDF, please make sure you enable Optical Character
Recognition (OCR) in the scanning program. This is very important as it will make the PDF
document searchable in the future. Photographs may be submitted in JPEG format (.jpg).
For large documents, those with extensive use of color, and those with multiple photos or
graphic images, please use settings such as “reduce file size” or “PDF optimizer” in Adobe
Acrobat or other scanning programs to keep file sizes to a minimum while still maintaining
adequate quality. Contact the district office staff (see below) if you need more information
about how to reduce file sizes.
3) Files should be organized into three directory folders named Schedules, Supporting
Materials, and Plans, with the following documents in each folder (See example below):
a) The Schedules Folder should contain the Application Cover Sheets and all Schedules.
The Application Cover Sheets should be saved in a file named Cover Sheets. The
Schedule B and Municipal and School Impact Questionnaires should be saved in a file
named Schedule B. All other Schedules should be saved in one file named Schedules
A E F G.
b) The Supporting Materials Folder should contain all supporting documents (letters,
reports, photographs, etc.) except site plans. Each document should be saved as a
separate file.
c) The Plans Folder should contain all site plans, location maps, and engineering
drawings. All plan sheets should be saved as separate files.
4) All file names should be descriptive of the document contents. For example, a Visual
Analysis Report could be named: Visual Analysis.pdf. File names may contain spaces, but
the following characters may not be used in any file names: " # % & * : < > ? \ { | }
5) Use the same folder structure for follow up submittals.
Example of File Organization on CD or by FTP:
Schedules Folder
Cover Sheets.pdf
Schedule B.pdf
Schedules A E F G.pdf
Supporting Materials Folder
09 Herb Permit.pdf
ACOE Authorization.pdf
Distribution Standards.pdf
Erosion Policy.pdf
Forestry Goals & Practices.pdf
Suppinfo.pdf
Wetlands Office Letter.pdf
Plans Folder
Location Map.pdf
Overall Site Plan.pdf
Erosion Control Plan.pdf
Instructions for Electronic Submission via FTP
1) Create a directory folder on your own computer using the name of the project (e.g. Bob’s
subdivision, Acme commercial building) as the name of the folder.
2) Create subfolders under the directory and place your files in these subfolders using the same file
structure and naming convention described above for creating a CD.
3) Open Windows Explorer (NOT Internet Explorer). Windows Explorer is easily accessed by
RIGHT CLICKING on the START button. Go to the location of the project directory folder that
contains the subfolders and files. Highlight the directory folder and choose either Edit, Copy or
CTRL C.
4) Open a second session of Windows Explorer; in the Address bar, type: ftp://ftp.anr.state.vt.us,
then click on “Go”. You will be prompted for a username and password. They are:
Username: A250
Password: Simple1 Note: The username and password are case sensitive.
5) Place the cursor in the directory on the right side of the window and paste using either Edit, Paste
or CTRL V.
6) Send the appropriate Act 250 office an email saying the files for your application have been
uploaded under a folder named “[your folder name].”
7) If you are uploading files for a pending Act 250 application, follow the same procedures above, but
use the application number assigned by the Act 250 office (e.g. 4C1234) to name the directory
folder you create.
If you have questions about these new electronic filing requirements, please contact our
district office staff (see contact information on the cover page of the Act 250 application
forms or at http://www.nrb.state.vt.us/lup/commission_members.htm
ACT 250
APPLICATION FOR
COMMUNICATIONS
FACILITIES
10 V.S.A. Chapter 151
file number _____________ date received___________
[ ] complete [ ] incomplete init.___________________
date completed ________________________________
coordinator or clerk signature:_____________________
.........................OFFICE USE ONLY..................................
Pursuant to 10 V.S.A. § 6001 et seq. (Act 250), as amended, application is hereby made for construction of a
communications facility.
NAMES:
1.
Applicant(s) Name:
___________________________________________________________________
Address:____________________________________________________Phone:_________________
Legal form: [ ] individual [ ] partnership (attach list of partners) [ ] corporation: date formed
place formed______________________
date reg. in Vt.
[ ] municipal gov't [ ] state gov't
Legal interest in land: [ ] ownership in fee simple [ ] lease agreement [ ] contract to purchase
[ ] other:________________________________
2.
Tower or Antenna Owner(s) Name (if different from applicant): ________________________________
Address: __________________________________________________________________________
___________________________________________________Phone:_________________________
3.
Leasehold Rights Owner Name (List all existing and proposed tenants): _________________________
Address: ___________________________________________________Phone:__________________
4.
Landowner(s) Name: _________________________________________________________________
Address:___________________________________________________________________________
Phone: _________________
5.
Deeded Rights of Way for Project Access:
Landowner(s) Names: ________________________________________________________________
Address:___________________________________________________________________________
Phone: _________
6.
Contact Person: ____________________________________________________________________
Address: __________________________________________________________________________
Phone: ________________________
7.
PROJECT DESCRIPTION:
Project is a: [ ] lattice tower [ ] monopole tower [ ] “brown stick”
[ ] other tower (flagpole, silo, etc.):______________________________________
Project is the installation of antenna(s): [ ] on existing tower [ ] on other structure (silo, building, etc.)
Describe structure, including height:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
8.
Checklist of required documentation to be submitted with this application:
[ ]
Schedule A for Communications Facilities (Fee Schedule/cost information).
[ ]
Schedule B for Communications Facilities (Narrative of Criteria).
[ ]
Schedule E (Adjoiner Information).
[ ]
Schedule F (Certificate of Service to statutory parties).
[ ]
Project site plan, propagation information, elevation drawings, and viewshed analysis (for new
tower or support structure only (see “Viewshed Analysis” below):
a.
Site Plan: Include proposed tower location and any appurtenances, including supports and guy
wires, emergency generator, if any, and any accessory building (communication equipment
shelter or other). Indicate property boundaries and setback distances to the base(s) of the
tower and to the nearest corners of each of the appurtenant structures to those boundaries, and
dimensions of all proposed improvements. Proposed utilities, including distance from source of
power, sizes of service available and required, locations of any proposed utility or
communication lines. Limits of areas where vegetation is to be cleared or altered and
justification for any such clearing or alteration. Any direct or indirect wetlands alteration
proposed. Detailed plans for drainage of surface and/or sub-surface water; plans to control
erosion and sedimentation both during construction and as a permanent measure. Plans
indicating locations and specifics of proposed screening, landscaping, ground cover, fencing,
etc.; any exterior lighting or signs. Plans of proposed access driveway or roadway and parking
area at the tower site. Include grading, drainage, traveled width. Include a cross section of the
access drive indicating the width, depth of gravel, paving or surface materials. Plans showing
any changes to be made to an existing facility's landscaping, screening, fencing, lighting,
drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result
of a proposed modification of the facility.
b.
Radiated Signal Propagation Studies: The applicant shall prepare a signal propagation study
which clearly identifies the coverage area of the facility along with the power output of the
antenna(s). For personal wireless service facilities, data shall be presented for the site under
consideration as well as for any immediately adjoining cell sites (including both existing and
proposed sites) owned or controlled by the applicant. Radial plots shall be in bright colors,
showing clear demarcations between signal strengths. Each plan sheet shall be clearly labeled
with the project title, date, revision date(s), scale, and name of professional or firm that prepared
the plan.
Project Scope and Narrative: The applicant shall provide an overview describing how the
c.
proposed facility will tie into any other immediately adjoining cell sites and to what
extent the proposed facility relies upon these other sites. Included within this discussion
the applicant shall describe the nature of the adjoining cell sites (i.e. – whether the sites
are proposed or existing, whether the site involves a new structure or whether colocation is planned), and the status of any local or state permits.
Elevation drawings including2:
d.
2
This section has to do with the drawings and illustrations required to be presented to the Commission.
Additional information on mitigation of adverse aesthetic impacts is contained below under Criterion 8 and in the
Recommended Aesthetic Mitigation Measures.
1.
2.
3.
4.
5.
6.
e.
Plans, elevations, sections and details at appropriate scales but no smaller than 1"/20'. (This
scale applies to facility plans and elevation drawings only, not the viewshed analysis, if
required.)
Two elevation drawings of the proposed tower drawn at right angles to each other, showing the
ground profile to at least 100 feet beyond the edge of any proposed clearing, and showing any
guy wires or supports. Show all proposed antennas, including their location on the tower or
other support structure and the height of the tower or other support structure above grade at the
base.
Detail proposed finish of the tower or antenna.
For towers, indicate relative height of the tower to the tops of surrounding trees as they
presently exist, and the approximate height to which they are expected to grow in ten years.
If a modular tower structure is proposed, indicate the heights of sections which could be
removed or added in the future to adapt to changing communications conditions or demands
including a professional structural engineer's written description of the proposed tower structure
and its capacity to support additional antennas or other communications facilities at different
heights and the ability of the tower to be shortened if future communications facilities no longer
require original height.
For towers, a description of available space on the structure, providing illustrations and
examples of the type and number of communications facilities which could be mounted on the
structure.
Viewshed Analysis
Note: Unless otherwise instructed by the District Coordinator, complete this section only if you
are proposing a new tower or other support structure intended to be used for communication or
broadcast purposes.
1.
Describe the visual appearance of the project and its surroundings.
Refer to the project plans and include the mass, height, color, and materials of all proposed
facilities. Also describe signage and lighting proposed. Use photographs, computer simulation
and other techniques to illustrate as accurately as possible the character of the surrounding
landscape and the proposed facilities as viewed from abutting properties, public highways,
rivers, water bodies, historic resources and other prominent viewing points. Photographs should
be panoramic views. Lens length should be 50 mm or equivalent. Any deficiencies with
simulation technology should be noted. GIS or similar technology should be used to display
lines of sight and topographical profiles to prominent viewing points.
Describe the type and height of surrounding trees and vegetation.
Key all photographs and simulations to a site location topographic map (USGS 1:24000 if
available). Accurately locate the project on the site location map. Include abutting property lines
and any state property within the area.
2.
Analyze the scenic character of the surrounding landscape as viewed from the viewing points.
Is there a high degree of scenic quality, such as distant views, historic buildings or rural
landscapes, etc.? The Agency of Natural Resources’ (ANR) Scenic Resource Evaluation
Process provides helpful guidance in assessing a landscape’s scenic character. This document
is available from the ANR Planning Division (241-3620). Proposed communications facilities
visible from the interstate scenic corridor will be carefully evaluated by the District Commission.
Facilities located within or adjacent to an interstate interchange may also be subject to the
policies outlined in Executive Order #01-07. This is also available from the ANR Planning Div.
3.
Analyze the visual impact of the proposed facility within the landscape.
Assess the project’s visibility from the various viewing points and the visual impacts. What is the
duration of view along the highway? How distant is the view? How does the project affect the
landscape? Does it draw the eye? Is it in the foreground of a distant view? Does it break the
skyline or do hills rise behind it? How will mitigation steps help reduce the visual impacts?
The Commission may request that balloons be flown at the tower location to help the
Commission visualize the project’s appearance and effect on the landscape.
4.
NOTE: Landscape architecture professionals are trained to prepare viewshed analyses and may be of
assistance in completing the steps above. The viewshed analysis will form the basis of the District
Commission’s review of the project under Criterion 8 - Aesthetics.
9.
LAND:
a.
Total acres owned or controlled by landowner at project site _______; Acres controlled through lease,
3
easements, or right-of-way by tower/antenna owner
Location: Town____________ Road________________ Nearby landmark________________
State Plane Coordinates4 :(N) ___________(E) ___________;or Latitude ______ Longitude _______
UTM Coordinates may also be provided, if available: ____________________
b.
Deed(s): (a) Project Site Grantee's Name as recorded: ______________________________________
Recorded in book(s) _______Page(s) _______ date(s) ________ Town ________________________
(b) Deeded Rights-of-Way Name as Recorded: ____________________________________________
Recorded in book(s) ______ Page(s) ______ date(s) _______ Town ________________________
10.
SIGNATURES:
I hereby swear that the information provided above or attached to this application is true and accurate to the
best of my knowledge.
Signature of applicant(s): ___________________________________________ Date: ______________
Please clearly print name(s) _________________________________________
Signature of tower/antenna owner(s): __________________________________ Date: ______________
Please clearly print name(s) _________________________________________
I hereby authorize the processing of this application for the above project on land(s) that I own or control.
Signature of landowner(s):______________________________________ Date:_______________________
Please clearly print name(s) _____________________________________________
3
For a new tower subject to Act 250 jurisdiction pursuant to 10 V.S.A. § 6001c, jurisdiction will not extend to
future improvements on the tract of land which are not related to the tower, unless those improvements would
otherwise by subject to Act 250 jurisdiction. For a communications project subject to Act 250 jurisdiction pursuant
to 10 V.S.A. § 6001(3), such as the installation of antennas on an existing building or silo, the applicant may
request that the District Commission limit the scope of the permitted project to an area less than the entire project
tract (see RE: Stonybrook Condominium Owners Association, DR #385, Findings of Fact, Conclusions of Law and
Order (May 18, 2001)).
4
State Plane Meters is the preferred coordinate system. Please provide the source of the geographic
coordinates and datum, if known (e.g. NAD 27 or NAD 83).
11.
DISTRIBUTION:
a. Submit the original and three copies to the Commission.
b. Submit an additional copy to the Municipality, Municipal Planning Commission, Regional Planning
Commission, Vermont Agency of Natural Resources (Division of Regulatory Management & Act 250 Review,
Agency of Natural Resources, 103 South Main Street, Ctr. Bldg., 3rd Floor, Waterbury, VT 05671-0301), and
to any adjoining municipalities and planning commissions as shown on Schedule F.
SCHEDULE A
For Communications Facilities
Fee Information
(Effective July 1, 2010)
Submit with the application a check payable to the "State of Vermont". Municipal and state agency projects
are exempt from fee requirements. Not-for-profit organizations are not exempt from fees. Calculate the fee
using the following table:
1. Number of lots to be created ________ X $100.00 =
$_______________
2. Construction costs:
Site preparation:
Tower:
Communications Equipment :
Buildings:
Access Roads:
Utilities:
Landscaping:
Other: _____________
Total costs:
*
$____________
$____________
$____________
$____________
$____________
$
$____________
$
$____________ x 0.00540 = $____________*
Minimum fee of $150 for new applications
Minimum fee of $50 for amendment applications
I attest by my signature that the above is true to the best of my knowledge:
_______________________________________
(signature of applicant or agent)
______________________
(date)
Note: Due to the complex technical character of the information to be provided by an applicant, and the
potential for monitoring, testing and inspection of facilities and operation provisions, the Commission may hire
such consultants as it deems reasonably necessary to assist with the review of such matters (“the Commission
consultant”). Commission consultants shall be qualified professionals with an appropriate combination of
training, record of service, and/or certification in one of the following fields: a) communications/radio frequency
engineering; b) structural engineering; c) assessment of electromagnetic fields; and, if determined by the
Commission, d) other fields.
SCHEDULE B
For Communications Facilities
Response to the 10 Criteria and Subcriteria
Preamble: Act 250 jurisdiction attaches to all potential impacts under the statutory criteria enumerated in 10
V.S.A. § 6086 as follows:
11(A) 1(B) 1(C) 1(D) 1(E) 1(F) 1(G) 234567-
Air Pollution/Health
Headwaters
Waste Disposal
Water Conservation
Floodways
Streams
Shorelines
Wetlands
Water Supply
Impact on Existing Water Supplies
Erosion
Transportation Services
Educational Services
Municipal Services
88(A) 9(A) 9(B) 9(C) 9(D) 9(E) 9(F) 9(G) 9(H) 9(J) 9(K) 9(L) 10 -
Aesthetics, Scenic Beauty, Historic Sites
Wildlife Habitat
Impact of Growth
Agricultural Soils
Forest and Secondary Ag. Soils
Earth Resources
Extraction of Earth Resources
Energy Conservation
Private Utilities
Costs of Scattered Development
Public Utilities
Public Investments
Rural Growth Areas
Local and Regional Plans
This Schedule B for Communications Facilities is structured to focus upon the Act 250 criteria most
commonly impacted in communications facilities applications - namely Criteria 1(Air Pollution), 1(A)
(Headwaters), 1(B) (Waste Disposal), 1(E) (Streams), 4 (Soil Erosion), 5 (Traffic-Access Road), 7
(Municipal Services), 8 (Aesthetics, Historic Sites, and Natural Areas), 8(A) (Wildlife), 9(F) (Energy
Conservation), 9(J) (Public Utilities), 9(K) (Public Investments), and 10 (Town and Regional Plans).
All applicants are advised that if the proposed project involves impacts or potential impacts under any
criteria other than those listed in the paragraph above, the applicants are obligated to submit
evidence of conformance with those criteria as well. In order to issue an Act 250 permit, the District
Commission must be able to make positive findings of fact and conclusions of law under all Act 250
criteria.
The Commission reserves the right to order, if deemed necessary, the production of additional
evidence pursuant to Act 250 Rule 20. Act 250 review of communications facilities is intended to be
consistent with the Telecommunications Act of 1996 insofar as Act 250 will not a) prohibit, or have the
effect of prohibiting, the provision of Personal Wireless Services; b) will not be used to unreasonably
discriminate among providers of functionally equivalent Services; and c) will not 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 FCC's regulations concerning such
emissions.
Criterion 1 - Air Pollution: Demonstrate that the project will not cause undue air pollution:
a.
Does the project, including all proposed antennas, meet FCC standards including radio frequency
radiation (“RFR”) standards? [ ] Yes [ ] No Provide adequate documentation.
b.
In order to insure continued compliance with FCC standards, the Commission may require pre-testing
and/or annual monitoring of emissions by the permittee using actual field measurements of RFR,
utilizing an FCC approved monitoring protocol in situations that warrant pre-testing and/or continued
monitoring. Any monitoring required by the commission shall measure levels of RFR from the facility
site's primary antennas as well as from any other transmitting device at the facility site, with a written
report of results to the Commission and parties under this subcriterion. The Commission reserves the
right to hire independent monitors with respect to issues regarding the potential violation of emission
standards. Any material change to an existing facility, or the activation of any additional permitted
channels, will require new demonstration of FCC compliance and possible monitoring. The
Commission may include the following (or a similar) condition in the Land Use Permit:
Should the monitoring of a facility site reveal that the site exceeds the current FCC standards
and guidelines, then the permittees of all facilities utilizing the site shall be notified by the
Commission and the permittees must immediately reduce power, cease operation, or limit
access as necessary to protect persons in the vicinity of the site, tower, or antennas. In
addition, the permittees shall submit to the Commission an analysis of what caused the
problem and a plan for the reduction of emissions to a level that complies with the FCC
standards within 5 business days of demonstrated non-compliance.
c.
What type of heating and cooling systems are proposed?
d.
What methods will be used to control dust during and after the access road construction?
Criterion 1(A) - Headwaters: Demonstrate that the project will meet any applicable Environmental
Conservation Department regulations regarding any reduction of the quality of ground or surface waters in a
headwaters area:
a)
Is your project in a headwaters area? Headwaters contain steep slopes or shallow soils; drain 20
square miles or less; are watersheds for public water supplies; provide significant recharge to aquifers;
or are above 1,500 feet. [ ] Yes [ ] No. If yes, contact District Coordinator.
Criterion 1(B) - Waste Disposal: Demonstrate that the project will meet any applicable Health or
Environmental Conservation Department regulations regarding the disposal of wastes and demonstrate that
the project will not involve the injection of wastes or toxic substances into ground waters:
a.
Will hazardous materials (chemicals, fuel, batteries, etc.) be used or stored on site?
[ ] Yes [ ] No. If so, describe the materials, type of storage and use, and proposed disposal method.
Criterion 1(C) - Water Conservation: Demonstrate that the project will use the best available water
conservation technology:
a.
Will any water be used for commercial or industrial manufacturing or processing? [ ] Yes [ ] No.
b.
Will any water be withdrawn from rivers, streams, or other bodies of water? [ ] Yes [ ] No.
Criterion 1(D) - Floodways: Demonstrate that the project will not endanger the health, safety and welfare
of the public or of riparian owners during flooding:
a.
Is your project tract located on a river or stream? [ ] Yes [ ] No. If yes, what are the elevations of the
project in relationship to the floodway and floodway fringe areas? Name all adjacent rivers and
streams. (See USGS and FEMA Maps at the town office.)
b.
Will any portion of the project, including proposed fill or storage areas, gas tanks, dumpsters,
buildings, etc., be located within the floodway or floodway fringe?
[ ] Yes [ ] No. Contact the ANR Floodplain Management Section (241-3770).
Criterion 1(E) - Streams: Demonstrate that the project will maintain the natural condition of any streams,
when feasible:
a.
If the project, including the access road, is located near a stream or watercourse, what is the distance
from the nearest disturbed area to the top of the streambank? Show streams and watercourses on a
site plan. Include naturally vegetated, undisturbed buffer strips to protect streams.
b.
Describe any construction that will disturb the stream bed or adjacent areas in any way.
c.
Will there be any disturbance of a stream or stream bank? [ ] Yes [ ] No. If so, a Stream Alteration
Permit may be required. Contact the Stream Alteration Engineer with the ANR Water Quality Division
(Northern Vermont -751-0129, Southern Vermont - 786-5906). If a Stream Alteration Permit is
required, what is the status of your application?
Criterion 1(F) - Shorelines: Demonstrate that if the project is located along a shoreline, it complies with
the four standards relating to the condition of the shoreline listed in b. below:
a.
Does the project involve development or subdivision on or near a river, lake, pond or reservoir
shoreline? [ ] Yes [ ] No. If yes, describe the activity including distance between high water mark
and any construction area.
b.
Describe methods used to retain the shoreline in a natural condition, control erosion, screen the
project from the waters, and allow continued public access to the waters.
Criterion 1(G) - Wetlands: Demonstrate that the project will meet applicable Water Resources Board
regulations regarding any impacts on designated significant wetlands:
a.
Does the tract contain wetlands? [ ] Yes [ ] No. If yes, show the wetlands on the site plan and
describe any disturbance that may occur within 50 ft. of the wetland.
b.
Is a Conditional Use Determination (“CUD”) from the ANR Water Quality Division (241-3770) required
for work in the wetland or wetland buffer? [ ] Yes [ ] No. Contact the ANR Wetlands Biologist for
further guidance. If a CUD is required, are you relying on the CUD to satisfy this criterion? [ ] Yes
[ ] No.
Criteria 2 and 3 Water Supply: Demonstrate that the project has sufficient water available for its needs;
and that the project will not cause an unreasonable burden on an existing water supply:
a.
Identify adjacent water supplies. Are there any anticipated impacts to existing private or public water
supplies?
Criterion 4 - Soil Erosion: Demonstrate that the project will not cause unreasonable soil erosion and will
not cause a reduction in the capacity of the land to hold water so that a dangerous situation results:
a.
Describe the area proposed for development and how vulnerable it is to potential erosion problems.
Describe the terrain (including slope) in areas where the access road or other earth work is proposed.
Describe the nature and extent of ground disturbance proposed, including the sequence of
construction activities.
b.
Describe what erosion control measures will be taken during construction to prevent eroded sediment
from reaching a water body or adjoining property. (Include hay bale dams, stone check dams, or silt
fences, daily mulching, diversion ditches, sediment basins, etc.)
c.
Describe what permanent erosion control measures will be taken after construction to stabilize the
access road and site from continued erosion. (Include stone-lined ditches, grassed swales, paving,
rip-rap, seeding mixtures, etc.)
d.
How frequently will the erosion controls be inspected during construction and who will be accountable
for their maintenance?
e.
Describe the construction or improvements to roads and power line corridors, then describe proposed
temporary and permanent erosion control measures.
f.
On a site plan show details and locations for all erosion control measures. Include plans for
monitoring and repairing erosion control devices, along with grading, seeding, and mulching. Include
procedures, monitoring, and scheduling. Identify the site plan(s) exhibit number.
Criterion 5 - Highways and Other Means of Transportation: Demonstrate that the project will not cause
unreasonable congestion or unsafe conditions with respect to the use of highways and other means of
transportation:
a.
Describe the access to the project.
b.
Describe the sight distances at the intersection of access points or driveways on state or town
highways.
c.
Indicate the speed limit on the adjacent town or state highway.
d.
Provide a copy of the town or state approval for the project access? (If you are unsure whether a state
approval is necessary, contact the Utilities Unit of the Vermont Agency of Transportation (“Vtrans”) at
828-2653.) If approval is not needed explain why.
e.
Describe specifications of new or existing access road(s). If a new road is proposed, provide a profile
showing existing and proposed grades, cuts, and fills.
Criterion 6 - Educational Services: Demonstrate that the project will not cause an unreasonable burden
on the ability of local governments to provide educational services:
a.
Will the project result in the addition of any children to the school system or require the physical
expansion of any local school? [ ] Yes [ ] No If yes, contact the District Coordinator.
Criterion 7 - Municipal Services: Demonstrate that the project will not cause an unreasonable burden on
the ability of local governments to provide municipal or governmental services:
a.
Check the municipal services that will be utilized: [ ] Police, [ ] Fire Protection, [ ] Ambulance.
b.
Attach letters from representatives of any of the services checked above which indicate that the
services are available and will not be unreasonably burdened by the project.
c.
Describe the physical security of the site, including fences, gates, anti-climbing devices, and alarms.
Criterion 8 - Scenic Beauty, Historic Sites, and Natural Areas: Demonstrate that the project will not have
an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare or
irreplaceable natural areas:
See Recommended Aesthetic Mitigation Measures, Page 23.
a.
The District Commission uses the “Quechee Analysis,” based on the decision In Re: Quechee Lakes
Corp., No. 3W0411-EB and No. 3W0439-EB (Nov.4, 1985), to evaluate the aesthetic impacts of a
project under Criterion 8. The first part of the Quechee Analysis is to determine whether or not the
project is aesthetically adverse. This is done by describing the surroundings, then examining how the
project "fits" into the surroundings. Color, size, viewing area, materials, and open space are some of
the factors to be considered. If the project's visual impact is not adverse, then the analysis is finished.
The second part of the Quechee Analysis is required if the District Commission determines that the
project will have an adverse aesthetic impact. In the second part of the analysis, the Commission
determines whether or not the adverse impact is undue. The project is undue if any one of the
following is true: 1) the project violates a clear, written community standard; 2) the project offends the
sensibilities of the commission or board; or 3) the applicant has failed to take reasonable steps to
mitigate the aesthetic impacts. If the project is not unduly adverse (none of the three statements are
true) the Commission will be able to find that it meets the requirements of Criterion 8 - Aesthetics.
After completing the site plan and viewshed analysis, the applicant must address the first set of
questions in the Quechee Analysis, outlined in section b. below.
b.
Determination of Project “Fit” (Adverse Impact):
The following questions will enable the District Commission to determine whether the project “fits” into
its surroundings or whether it creates an adverse aesthetic impact. The applicant must address all
questions that apply to the project in order for the Commission to make this threshold determination of
aesthetic impact. For new towers and other support structures, the Commission will also rely on the
applicant’s viewshed analysis (see page 4) in order to make this determination.
1.
Describe the mass, height, color, and materials of the tower, antennas, and all ancillary
facilities, including equipment shelters. If a tower is proposed, what is the type – lattice tower,
monopole, “brown stick,” flagpole, or other type of structure?
2.
Describe any proposed lighting, including number and type of fixtures, intensity, and location.
Is lighting downshielded to prevent visibility of the light source from off site?
3.
Does the proposed project use existing or new roads or trails for access? If a new access road
is proposed, does it minimize width and avoid visual dissection of cleared fields and lots? If a
new or upgraded road is proposed make sure you have throughly addressed questions
regarding erosion control and the road profile under Criteria 4 and 5.
c.
4.
Is utility service via an existing cleared right-of-way? If no cleared right-of-way exists, is new
service proposed to be located underground or on the ground? If not, do new above ground
poles or clearing follow the access road, if one is proposed?
5.
Is the project located in a designated scenic corridor, or in a public recreation area, or can it be
seen from such areas? Does it impact a scenic landscape? (Refer to viewshed analysis for
new towers or other support structures.)
6.
What is the elevation of the proposed facility?
7.
Does the proposed project utilize an existing support structure or non-tower structure to mount
communication equipment? If so describe the structure.
8.
If a tower is proposed for a hill or mountain location, where is it proposed in relation to the
summit and ridgeline? (Refer to viewshed analysis.)
9.
If a tower is proposed, what is the proposed height above surrounding tree crown? (Refer to
viewshed analysis.)
10.
How much of the native tree and scrub cover does the project preserve?
11.
What kind of fencing, if any, does the project propose?
12.
Describe noise levels from all noise producing machinery such as generators or other
equipment. Describe proposed noise reduction measures.
13.
Describe any proposed signs, including location, size, illumination, and colors. (Show
location(s) on site plan.)
Determination of Undue Adverse Impact:
The applicant is not required to provide answers to the following questions unless the Commission
makes a threshold determination that the project will cause an adverse aesthetic impact, based on the
information provided above. However, the applicant may choose to address these questions at the
same time as the questions in section b. above in order to facilitate the application process. The
District Coordinator can provide additional guidance to help the applicant determine how to proceed
under this Criterion.
1.
Is there a clear, written community standard designed to preserve the scenic, aesthetic, or
natural beauty of the area in the town in which the tower is to be located?
Please provide a copy of the document, or section of the document, where this community
standard is found and provide demonstration of compliance. The local plan, regional plan, and
zoning ordinance may be considered.
2.
Is the project offensive or shocking to the average person because it is out of character with its
surroundings or significantly diminishes the scenic qualities of the area?
The District Commission will make this determination based on the information provided by the
applicant (Determination of Project Fit and Viewshed Analysis, if applicable) and other parties.
The applicant may provide any additional analysis or information below.
3.
What generally available mitigating steps has the applicant taken to improve the harmony of
the project with its surroundings?
Does the proposed project use camouflage or a structure form, color, and/or material that
reduces the visual impact of the proposed structure (e.g. “brown stick,” flush-mounted
antennas, neutral colors)? Provide information about any additional or alternative steps that
were considered, but not incorporated into the proposal. This information should include an
explanation of why the additional or alternative steps were rejected by the applicant, and may
include information about the cost of the rejected steps, and whether they would unreasonably
increase the cost of the project.
What other reasonable mitigation measures, including alternative locations, have been
considered by the applicant, and why were they not selected? The applicant may also choose
to document any ways that the project as proposed would reduce adverse aesthetic impacts in
other immediate locations, including but not limited to co-location.
d.
Does the applicant have a plan to remove the facility when it is taken out of active service? If yes,
describe the plan. If no, explain why not. (Upon a determination of abandonment and notice thereof to
the permittees, the permittees may be required to remove the tower and all facilities, and remediate
the site within 120 days. Permittees may be required, as a condition of the land use permit, to provide
evidence of financial surety to cover the cost of removal of the communications facility, and the
remediation of the landscape, should the facility cease to operate.)
e.
Historic Sites:
Proposed communications facilities in Vermont are reviewed under state (Act 250) and federal
(Section 106) law. Contact the Division for Historic Preservation (802-828-3049) for information on
how to coordinate and streamline the two review processes. Documentation prepared for the Section
106 process may be used to satisfy submission requirements for the Historic Sites aspect of Criterion
8 of Act 250, provided that the documentation clearly states that intention, and that the documentation
clearly applies the “undue adverse effect” standard if appropriate.
The Division for Historic Preservation offers comments to District Commissions on the significance of
historic resources, the potential effects of proposed projects, and as appropriate, measures to avoid or
mitigate adverse effects. The process is fully outlined in Rule 4 of the Vermont Historic Preservation
Act Rules. For Act 250, an applicant may choose to retain the services of a qualified historic
preservation or archeological professional, especially in those cases where there may be an adverse
effect on a historic resource. The Division developed and uses Criteria for Evaluating the Effect of
Telecommunications Facilities on Historic Resources in Vermont to guide determinations of direct and
indirect effects.
Documentation of potential impacts to historic sites (which include historic and archeological
resources) should be submitted to the Division for Historic Preservation and should include: project
description; current project plans and elevations; a USGS topographic map showing the exact location
of the proposed installation and the area of potential effects; photographs or color-printed digital
images of the site itself and representative views to and from the site; copies of inventory forms for
known historic resources in the area of potential effects and for known archeological sites on the
project property; photographs and inventory information on potentially significant historic resources in
the area of potential effects and on potentially significant archeological sites on the project property;
viewshed analysis as required above; photographic simulations of views to and from affected historic
buildings; reports from any archeological surveys conducted per the Guidelines for Conducting
Archeological Studies in Vermont; evaluation of effect by a qualified professional; and possible
mitigation measures to avoid or minimize adverse effects where applicable.
Co-locations that meet one of the following criteria will be deemed to meet the Historic Sites aspect of
Criterion 8 without further evaluation:
1.
The mounting of a new antenna on an existing tower where there will be no increase in the
height of the tower and no new ground disturbance, and where there has been no public
comment filed with the FCC or the District Commission claiming an adverse effect of the
existing tower on an historic or archeological resource;
2.
The mounting of a new antenna on an existing building where the building is less than 45 years
old, and the antenna is not visible from an historic building.
Criterion 8(A) - Wildlife and Endangered Species: Demonstrate that the project will not destroy or
significantly imperil necessary wildlife or endangered species habitat:
a.
Does the project tract include any necessary wildlife habitat or endangered species? Contact the ANR
Wildlife Biologist at the appropriate district office to identify any significant wildlife habitat resources.
Obtain written confirmation from the ANR Wildlife Biologist that there will be no impacts on deer winter
habitat, black bear habitat, endangered species and related habitats, or other habitats that may be
considered "necessary" (e.g., wetlands with significant wildlife functions and values).
b.
Describe measures proposed to reduce mortality risks to breeding and migrating birds associated with
collisions with the proposed facilities. Contact the ANR Wildlife Biologist at the appropriate district
office for assistance in identifying those risks and measures to avoid them.
Criterion 9(A) - Impact of Growth: Demonstrate that the project will not significantly affect the ability of the
town and region to accommodate growth:
a.
For commercial or recreational projects provide information regarding anticipated employment growth,
growth in personal income, retail sales growth, or growth in tourism.
b.
For all projects, provide an estimate of the tax revenues the project will generate. This includes
property tax revenues paid to the municipality as well as income tax, sales, and rooms and meals
taxes paid to the state, if appropriate.
c.
In order to evaluate the potential growth impacts of power lines and roadway infrastructure required by
the project, please respond to the following questions:
1. Can or will the proposed power line be used for any other purpose than to provide power to the
communications facility?
2. If access to the power line is to be restricted to the communication facility provide information on
how this will be accomplished, e.g.,restrictive deed easement or other method. If a restrictive deed
easement is to be used provide sample deed language.
3. Describe the access road to the project. If the access road to the project is being improved or
constructed provide information on whether the access road will be limited to the communication
facility personnel or if others will or may be provided access.
4. If the access road is to be restricted to use by the project provide information on how this will be
accomplished.
5. If access to the proposed power line and/or access road will not be restricted and the new
infrastructure has potential to attract growth to the area, provide evidence that such growth will not
significantly affect the existing and potential financial capacity of the town and the region to
accommodate such growth. Evidence should include anticipated costs for education, highway access
and maintenance, sewage disposal, water supply, and police and fire services as well as anticipated
tax revenues.
Criteria 9(B) and 9(C) Primary and Secondary Agricultural and Forest Soils: Demonstrate that the
project will not significantly reduce the agricultural potential of primary and secondary agricultural and forest
soils:
a.
How many acres of land on the tract qualify as primary agricultural soils or productive forest soils
pursuant to the definitions in 10 V.S.A. § 6001(8) and (15)?
Primary Ag Soils:__________ Productive Forest Soils:__________
b.
How will the agricultural or forestry potential of these soils be affected by this project and what
measures are being taken to mitigate any anticipated impacts?
Criteria 9(D) and 9(E) Earth Resources: Demonstrate that the project will not interfere with the future
extraction of earth resources; and demonstrate that if the project involves the extraction of earth resources,
it will not unduly harm the environment or neighboring land uses, and will be reclaimed for an alternative use:
a.
Are there any mineral or earth resources on the site with a high potential for extraction?
[ ] Yes [ ] No. If yes, what kind?
b.
Describe what measures are being taken to prevent interference with future extraction or processing of
these earth resources.
Criterion 9(F) - Energy Conservation: Demonstrate that the project reflects the principles of energy
conservation and utilizes the best available technology for energy efficiency:
a.
If the project involves the installation of telecommunications equipment, provide information about the
energy demand of all equipment, HVAC systems, and equipment shelter specifications and describe
any measures that will be incorporated to conserve energy. Applicants should contact the Vermont
Department of Public Service ( 828-4038) for energy efficiency guidelines. The Department will
review the applicant’s energy conservation measures and will provide comments to the District
Commission.
Criterion 9(G) - Private Utilities: Demonstrate that any private utilities shared by two or more owners will
not become a burden on the municipality if it must assume responsibility for them:
a. Are any private shared utility systems proposed (i.e., water, sewer, stormwater, roads, etc.)? If yes,
what are they and how will they be maintained?
Criterion 9(H) - Scattered Development: Demonstrate that if the project is not physically contiguous to an
existing settlement, it will not result in greater costs to the municipality than it provides in additional tax
revenues and other public benefits:
a.
Is the project tract physically contiguous to an existing settlement? [ ] Yes [ ] No. Existing settlement
has been defined by the case precedent as “an extant community center similar to the traditional
Vermont center in that it is compact in size and contains a mix of uses, including commercial and
industrial uses, and, importantly, a significant residential component. It is a place in which people may
live and work and in which the uses largely are within walking distance of each other.”
b.
If the project is not contiguous to an existing settlement, provide an analysis comparing the public
benefits and costs of the project. If you are uncertain how to address this part of the criterion, contact
the District Coordinator.
Criterion 9(J) - Public Utilities: Demonstrate that the project will not place an excessive or uneconomic
demand on any necessary governmental or public utility facilities or services:
a.
Provide letters from the public utilities providing service to the site. This letter will indicate whether an
excessive or uneconomic demand will be placed on supportive governmental or public utility services,
such as electric and telephone services .
Criterion 9(K) - Public Investments: Demonstrate that the project will not endanger any adjacent public
investment:
a.
List and provide the distance to any adjacent governmental or public utility facilities, services and
lands, including highways, airports, waste disposal facilities, buildings, fire and police stations,
universities, schools, cultural facilities including museums, hospitals, electric generation and
transmission facilities, oil and gas pipelines, parks, hiking trails, forest and game lands, etc.
b.
How will the project affect any such adjacent public property?
Criterion 9(L) - Rural Growth Areas: To the extent that the project parcel or any area within the parcel is
identified as a "rural growth area," indicate how the project has been clustered or otherwise designed to
provide for reasonable population densities and rates of growth to economize on the cost of roads, utilities
and land usage:
a.
Is the project located in a rural growth area? [ ] Yes [ ] No. Rural growth areas are lands which do
not contain natural resources such as streams, wetlands, significant wildlife habitats, primary
agricultural soils, and earth resources. (Contact the District Coordinator if you need assistance in
determining how to address this criterion.)
b.
If the project is located in a rural growth area, indicate how the project has been clustered and
designed to economize on the cost of roads, utilities and land usage.
Criterion 10 - Local and Regional Plans: Demonstrate that the project conforms to the municipal plan
and regional plan:
a.
Provide the dates of adoption of the Town and Regional Plans that apply to this project.
b.
Have local approvals/permits been obtained? [ ] Yes [ ] No. (If yes, attach copies.)
c.
Provide copies of the applicable sections of the Town Plan and Zoning Ordinances and describe how
the project meets or complies with them.
d.
Does the Town have an adopted Telecommunications Ordinance or has the Town warned a
Telecommunications Ordinance for adoption?
e.
Provide copies of the applicable sections of the Regional Plan and describe how the project complies.
f.
Do the applicable plans address communication facilities? Co-location? Is there a written community
standard designed to preserve the scenic, aesthetic, or natural beauty of the area in the town in which
the tower is to be located?
SCHEDULE E
Adjoiner Information
Submit with the application an accurate list of all current adjoining landowners and their current mailing
addresses. An "adjoiner" is a person or organization which owns or controls land or easements on lands
which physically abut the tract or tracts of land on which your project is located including landowners on the
opposite sides of highways, railways, streams and rivers. Also include homeowner associations, utility
companies, and others with ownership of rights-of-way over the project land. Indicate the location of each
adjoiner on your site plan.
Failure to provide an accurate list can invalidate the application.
Please note: For lists which include more than 20 adjoining landowners, our administrative staff
appreciates receiving the list on mailing labels to facilitate the notification process. Thank you.
NAME
MAILING ADDRESS WITH ZIP CODE
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Attach additional sheets if necessary.
SCHEDULE F
Certification of Service and Notice of Application
You are required by Section 6084 of 10 V.S.A. to send notice and a copy of your application to the
municipality, the municipal and regional planning commission in which the land is located, the Vermont
Agency of Natural Resources (Division of Regulatory Management & Act 250 Review, Agency of Natural
Resources, 103 South Main Street, Ctr. Bldg., 3rd Floor, Waterbury, VT 05671-0301), and any adjacent
Vermont municipality, municipal or regional planning commission if the land is located on a boundary on or
before the date of filing your application with the district commission. You are also required to send notice
and a copy of your application to the solid waste management district in which the land is located, if the
development or subdivision constitutes a facility pursuant to subdivision 6602(10) of Title 10 V.S.A. Chapter
151. You must also post a copy of the notice in the town clerk’s office of the town or towns where the land is
located. A notice form is attached for your convenience.
In order to verify that the statutory parties to the application have received copies of the application and thus
avoid delay caused by improper distribution of the application, have a representative of the parties sign this
form when they receive the application. You may, in the alternative, send copies of the notice and application
by Certified U.S. Mail, UPS/Federal Express, or courier and list the names below.
Applicant(s) Name ________________________________________________________________________
I, the undersigned, have received a copy of an Act 250 application for the above applicant(s).
___________________________________________
______________
for the selectmen, aldermen, or trustees
date
___________________________________________
______________
for the municipal planning commission
date
___________________________________________
______________
for the regional planning commission
date
___________________________________________
______________
for the Agency of Natural Resources
date
___________________________________________
______________
for an adjacent municipality, if any*
date
___________________________________________
______________
for an adjacent planning commission, if any*
date
___________________________________________
______________
for an adjacent regional planning commission, if any*
date
___________________________________________
______________
for regional solid waste management district,
date
if applicable
I hereby certify that I have forwarded a complete copy of this application to each of the parties entitled to
notice pursuant to 10 V.S.A. Section 6084 and that I have posted a copy of the notice of application in the
town clerk’s office(s).
Applicant(s)/Agent Signature_____________________________________ Date _______________
*
Attach additional sheets if more than one town is adjacent to the project lands.
Schedule F - (Continued)
Note To Applicants: This notice must be included with all copies of the application. You must also post,
or cause to be posted, a copy of this notice in the town clerk’s office of the town or towns wherein the
land proposed for subdivision or development lies.
Notice of Act 250 Application
By application dated _____________, (name and address of applicant)
______________________________________________________________________________________
filed an application pursuant to 10 V.S.A. § 6001 et seq. (“Act 250") to: (description of project including road
location and Town)
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A copy of this application may be reviewed at the Town Offices, Town of _______________, Vermont.
Signature ________________________
Date ____________
In the event you wish to receive further notice concerning this application, please contact the district office
for your area:
Environmental Comm.
Districts #1 and 8
440 Asa Bloomer State
Office Building
4th Floor 88 Merchants Row
Rutland, VT 05701
(Tel. 786-5920)
Environmental Comm.
Districts #4, 6 and 9
111 West St.
Essex Jct., VT 05452
(Tel. 879-5614)
Environmental Comm.
Districts #2 and 3
100 Mineral Street
Suite #305
Springfield, VT 05156
(Tel. 885-8855)
Environmental Comm.
District #5
5 Perry St., Suite 60
Barre, VT 05641
(Tel. 476-0185)
Environmental Comm.
District #7
1229 Portland St.
Suite 201
St. Johnsbury, VT 05819
(Tel. 751-0120)
GLOSSARY OF TERMS
Due to the dynamic nature of telecommunications technology, any technical information contained
herein is for guidance purposes only.
ANTENNA - A device which is attached to a tower or other structure for transmitting or receiving
electromagnetic waves. Examples include, but are not limited to, whip, panel, and dish antennas.
AVAILABLE SPACE - The space on a tower or structure to which antennas of a communications provider
are both structurally able and electromagnetically able to be attached.
BASE STATION - The primary sending and receiving site in a wireless communications network. More than
one base station and/or more than one variety of communications provider can be located on a single tower
or structure.
BULLETIN 65 - Published by the FCC Office of Engineering and Technology specifying RFR levels and
methods to determine compliance.
CAMOUFLAGING - Any communications facility that is designed to blend into the surrounding environment,
such as towers and/or attached equipment designed to look like barn silos, etc.
CHANNEL - The segment of the RFR spectrum from an antenna which carries one signal. An antenna may
radiate on many channels simultaneously.
CO-LOCATION - the use of a single mount on the ground by more than one service provider (vertical colocation), and /or several mounts on an existing structure by more than one service provider.
COMMISSION - The District Environmental Commission.
COMMUNICATIONS FACILITY - All equipment (including repeaters) with which a communications provider
broadcasts and receives the radio frequency waves which carry their services and all locations of said
equipment or any part thereof. This facility may be sited on one or more towers or structures owned and
permitted by another owner or entity.
dBm - Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to I
milliwatt (1/1000th watt).
ELECTROMAGNETICALLY ABLE - The determination that the new signal from and to the proposed new
Antennas will not significantly interfere with the existing signals from and to other facilities located on the
same tower or structure as determined by a qualified professional communications engineer. The use of
available technologies to alleviate such interference shall be considered when making this determination.
ELEVATION - When used to describe terrain, the elevation at grade or ground level shall be given in above
mean sea level (“AMSL”). The height of the wireless service facility shall be given in above ground level
(“AGL”). AGL is a measurement of height from the natural grade of a site to the highest point of a structure.
The total elevation of the wireless service facility is AGL plus AMSL. When used to describe a drawing, the
elevation is a scale drawing of the side, front or rear of a particular structure.
EQUIPMENT SHELTER - An enclosed structure, cabinet, shed or box located at the base station designed
principally to house batteries and electrical equipment used in connection with personal wireless service
transmissions
FACILITY SITE - A property, or any part thereof, which is owned, or leased by one or more communications
providers and upon which one or more communications facilities and required landscaping are located. This
includes any lot or location which, having met all other criteria in this communications facilities application,
may be able to provide adequate coverage and adequate capacity to a significant portion of the project area.
FCC - Federal Communications Commission. The government agency responsible for regulating
communications in the United States.
HEIGHT OF TOWER - The vertical distance from the highest point of the structure, plus any device attached,
to the grade before construction.
LOCATION - References to site location in State Plane Meters (or longitude and latitude, to the nearest tenth
of a second with bearing or orientation referenced to true North).
MATERIAL CHANGE TO AN EXISTING TOWER OR COMMUNICATIONS FACILITY - See Environmental
Board Rule 2(P).
MONITORING - The measurement, by use of instruments in the field, of nonionizing RFR exposure at a site
as a whole, or from individual communications facilities, towers, antennas, or repeaters.
MOUNT - The structure or surface upon which antennas are mounted, including the following four types of
mounts:
Roof Mounted: mounted on the roof of a building.
Side Mounted: mounted on the side of a building.
Ground Mounted: mounted on the ground (see tower).
Structure Mounted: mounted on a structure other than a building.
PANEL ANTENNA - A flat surface antenna usually developed in multiples.
PERSONAL WIRELESS SERVICES - Commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services. These services include: cellular services, Personal
Communications Systems (“PCS”), specialized mobile radio services, and paging services.
PERSONAL WIRELESS SERVICE FACILITY - All equipment (including repeaters) with which a personal
wireless service provider broadcasts and receives the radio frequency waves which carry their services, and
all locations of said equipment or any part thereof. This facility may be sited on one or more towers or
structure(s) owned and permitted by another owner or entity.
PERSONAL WIRELESS SERVICE PROVIDER - An entity, licensed by the FCC to provide personal wireless
services to individuals or institutions.
PROPAGATION MAPS OR STUDIES - Computer generated estimates of the signal emanating, and
prediction of coverage, from antennas or repeaters sited on a specific tower or structure. The height above
ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and
its surroundings are all taken into account to create these simulations. They are the primary tool for
determining whether a site will provide adequate coverage for the communications facility proposed for the
site.
RADIAL PLOTS- Radial plots are the result of drawing equally-spaced lines (radials) from the point of an
antenna, calculating the expected signal and indicating this graphically on a map. The relative signal strength
may be indicated by varying the size or color at each point being studied along the radial; a threshold plot
uses a mark to indicate whether that point is strong-enough to provide adequate coverage; i.e., the points
meeting the threshold of adequate coverage. The drawback is the concentration of points close to the
antenna and the divergence of points for from the site near the ends of the radials.
RADIO FREQUENCY ENGINEER - An engineer specializing in the design, review, and monitoring of radio
frequency technologies.
REPEATER - A small receiver/relay transmitter of not more than 20 watts output designed to provide service
to areas which are not able to receive adequate coverage directly from a base station.
RFR - Electromagnetic Fields, often expressed in wavelengths or frequencies to indicate their placement on
the electromagnetic spectrum. The radio frequencies are identified between 3 kilohertz to 300 gigahertz and
include AM & FM radio, TV, radar, cellular/PCS technologies, emergency, fire & police, paging services, and
satellite broadcasting among many others. Microwaves are a portion of the radio frequencies.
SECURITY FENCING - A locked, impenetrable wall, fence or berm that completely seals an area from
unauthorized entry or trespass.
TILED COVERAGE PLOTS - Tiled plots result from calculating the signal at uniformly spaced locations on a
rectangular grid, or tile, of the area of concern. Unlike radial plots, tiled plots provide a uniform distribution of
points over an area of interest; usually the same grid will be used as different sites are examined, and it is not
necessary that the transmitter site be within the grid or area of interest. As with radial plots, the graphic
display or plot can be either signal strength or adequate threshold. This method requires substantially more
topographic data and longer (computer) execution time than radial plots, but is preferable for comparative
analysis.
TOWER - A support structure intended to support antennas and associated equipment. This includes:
Guyed Tower: A tower that is tied to the ground or other surface by diagonal cables.
Lattice Tower: A self-supporting tower with multiple legs and cross bracing of structural steel.
Monopole Tower: 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.
Recommended Aesthetic Mitigation Measures
In completing the Schedule B for Communications Facilities, the applicants and parties should apply the
following definition of terms and consider recommended aesthetic mitigation measures.
Roads and Utility Lines: Where new communications towers and facilities require construction of, or
improvements to access roads, to the extent practicable roads should follow the contour of the land and be
constructed or improved within existing forest fringe areas, and not in open fields. The Commission will
require confirmation from the Chiefs (or their designees) of Fire, Police, and other Emergency services
regarding the adequacy of emergency access for the planned drive or roadway to the site (Criterion 7).
Burying utility or service lines underground, or laying utility lines on the ground, may help to mitigate the
overall aesthetic impact of the facility and should be considered.
Building Design and Tower Finish: Communication equipment shelters and accessory buildings should be
designed to be architecturally similar and compatible with each other, and as small as will feasiblely serve the
intended purpose. Whenever possible, the buildings should be joined or clustered so as to appear as one
building. Buildings and related structures should use materials and textures and colors that will blend them
into the natural setting to minimize the visual impact.
Height of Towers: It is recommended that new towers not exceed the minimum height necessary to provide
adequate coverage for the communications facilities proposed for use on the tower. Applicants may seek to
amend the permit for additional height to accommodate future sharing, and should provide design information
to justify such additional height.
Co-Location/Tower and Antenna Sharing: Whenever feasible, it is recommended that communications
equipment be mounted on existing towers and/or structures, such as buildings, silos, telephone poles,
transmission towers or transportation infrastructure. Applicants should also be prepared to address whether
any proposed antennas could be shared between more than one service providers.
Camouflaging: It is recommended that towers be camouflaged to the maximum reasonable extent, including
the creative use of stealth technology, in order to minimize any adverse aesthetic impacts.
Abandonment and Discontinuation of Use: Applicants should include plans to remove the tower and all
ancillary equipment when it is taken out of active service for a period in excess of 180 days. Determination of
the date of abandonment shall be made by the Commission which shall have the right to request
documentation and/or affidavits from the permittees regarding the subject of tower usage. Upon a
determination of abandonment and notice thereof to the permittees, the permittees may be required to
remove the tower and all facilities, and remediate the site within 120 days. Permittees may be required, as a
condition of the land use permit, to provide a financial surety bond payable to the Commission to cover the
cost of removal of the communications facility, and the remediation of the landscape, should the facility cease
to operate.
Duty To Remove: In full consideration of any private agreements, Act 250 Land Use Permittees and all
successors and assigns may be considered jointly and severally responsible for tower/facility/equipment
removal and possible site remediation. Any removal order would be exercised within the context of an
enforcement, abandonment, or revocation proceeding in which the rights of all parties will be protected with
opportunity for appeal.
(Last Update: March 2, 2011)