§ 3. Conditions.

Applicant must show that all applicable conditions are met.

1.

The proposed communications tower, antenna or accessory structure will be placed in a reasonable available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.

2.

Prior to consideration of a permit for location on private property, applicant must show that available city-owned sites and available privately owned sites occupied by a compatible use, are unsuitable for operation of a facility under the applicable communications regulations and applicant's technical design requirements.

3.

Applicant must show that the proposed wireless transmission and relay equipment and antenna cannot be accommodated and function as required by applicable regulations and applicant's technical design requirement without unreasonable modifications on any existing structure or communication tower, reasonably available to the applicant, within the area that the new site is to serve.

4.

Applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

5.

A communications tower must not be painted or illuminated unless approved by the town and if required, in accordance with state or federal regulations. The cellular transmission tower shall be constructed of a material with a neutral color and shall be designed to blend in with the surrounding landscape and uses. When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be orientated inward so as not to project onto surrounding residential property.

6.

A permit for a proposed communications tower within 1,000 feet of an existing tower or permitted communication tower site shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and that applicant's technical design requirements, or that a collocation agreement cannot be obtained.

7.

Applicant must show by a certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the Town Clerk a written indemnification of the Town and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in a form approved by the Town's attorney.

8.

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section shall apply. All landscaping plans must be reviewed and approved by the Town's Landscape Architect.

9.

A tower must be a minimum distance equal to one-half (½) the height of the tower from property designated historic or architecturally significant, and must be set back from all lot line distances equal to the district setback requirements or 25% of the tower height whichever is greater.

10.

Existing on-site trees and shrubs shall be preserved to the maximum extent practicable.

11.

The entire facility must be aesthetically compatible with its environment. In no case will metal buildings be allowed for accessory buildings.

12.

Applicant must show that all safety issues are addressed regarding fencing. The proposed type, height, the grounding of the facility fences, certification of ground testing to insure that the site is properly grounded and any other safety issues and related certification or methodology must be provided.

13.

Applicant must show that a new tower is designed to accommodate additional antennas equal in number to applicant's present and future requirements.