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Board approves 195-foot communications tower with conditions, secures county access to equipment space
Summary
The Northumberland County Board of Supervisors approved a conditional use permit for a 195-foot communications tower on Movie Hall Lane and accepted conditions including a 40-foot relocation from the road, structural reporting, and a generator noise limit; Vertical Bridge proffered a no-rent county lease for public-safety equipment space.
The Northumberland County Board of Supervisors on April 9 approved a conditional use permit to build a 195-foot communications tower on property zoned B-1 on Movie Hall Lane, citing staff reports, the planning commission's recommendation and the public hearing record.
The move follows a presentation by Lisa Murphy, zoning counsel for Vertical Bridge, who said the developer moved the proposed tower 40 feet farther from Movie Hall Lane after meeting with most board members and updated the site plan. Murphy said the company will provide a structural report stamped by an engineer when applying for a building permit and proposed a generator noise limit so any generator "will not exceed 70 dB when measured from any property line." The Board adopted a set of six suggested conditions read into the record by Zoning Administrator Philip Marston and approved the permit by a 5-0 vote.
County Attorney Gregory read a cautionary statement before deliberations noting federal law "pre-empts local regulation of radio frequency (RF) emissions" and that the Board should not base approval on RF-emission concerns; he said local governments may continue to regulate construction, siting, permits, inspection, zoning and placement of antenna facilities.
The permit approval included a proffer from The Towers LLC (doing business as Vertical Bridge) that allows the county to lease space on the tower between the 140-foot and 150-foot levels and a 10-by-10-foot ground space inside the compound for public-safety and emergency communications equipment; Vertical Bridge will not charge rent, but the county is responsible for construction and permitting costs and must execute the company's standard lease form at a zero rental rate.
The Board also voted to return the zoning ordinance to the planning commission for further study of cell towers and monopoles and to report back on what other counties have in place.
The action closes the county's review for this permit; any building permits and required engineering submittals remain to be filed and reviewed by county staff before construction can begin.
