Town of Greene Wireless Telecommunications Siting Ordinance
WIRELESS TELECOMMUNICATIONS FACILITIES SITING ORDINANCE OF THE TOWN OF GREENE 

SECTION 1 TITLE AND EFFECTIVE DATE 
1.1 Title 
This Ordinance shall be known as the Wireless Telecommunications Facilities 
Ordinance of the Town Of Greene, Maine (hereinafter referred to as this 
"Ordinance") 

1.2 Effective Date  
This Ordinance becomes effective March 3, 2001 upon town voters approval at 
March 3, 2001 Annual Greene Town Meeting. 

SECTION 2 AUTHORITY 
This ordinance is adopted pursuant to the enabling provisions of Article VIII, Part 
2, Section 1 of the Maine Constitution; the provisions of Title 30-A, M.R.S.A., 
Section 3001 (Home Rule) ,the provisions of Title 30-A M.R.S.A Section 4351 
(Zoning Ordinances)and the provisions of the Planning and Land Use Regulation 
Act, Title 30-A, M.R.S.A, Section 4312 et seq. 

SECTION 3 PURPOSE 
The purpose of this ordinance is to provide a process and set of standards for the 
construction and locating of Wireless Telecommunications Facilities in order to; 
implement a municipal policy concerning the provision of wireless 
telecommunication services, and the siting of their facilities. Ensure that all 
telecommunications carriers providing facilities or services within the Town Of 
Greene comply with the ordinances of the Town Of Greene; ensure that the 
Town Of Greene can continue to fairly and responsibly protect the public health, 
safety, welfare, and village/residential areas, encourage co-location of wireless 
telecommunications facilities, thus helping to minimize adverse visual impacts on 
the community, and to enable the Town Of Greene to discharge its public trust 
consistent with rapidly evolving federal and state regulatory policies, industry 
competition and technological development. The purpose of this ordinance is 
also to provide an environment where the citizens want to live and work, to 
protect the citizens of the town, the esthetic values, property values, community 
character, and to prevent adverse impact on residential and village areas within 
the Town of Greene. 

SECTION 4 APPLICABILITY 
This Ordinance shall apply to all construction and expansions of a wireless 
telecommunications facilities, new or pending applications, except as provided in 

Section 4.1 
4.1 Exemptions 
The following are exempt from the provisions of this ordinance; 
A. Emergency Wireless Telecommunications Facility. Temporary wireless 
telecommunications facilities for emergency communications by public officials. 
Section 4 applicability (continued) 
B. Amateur (Ham) Radio Stations. Amateur (Ham) radio stations licensed by 
the Federal Communications Commission (FCC) Or CB Radio Antennas. 
C. Parabolic Antenna. Parabolic antennas less than seven (7) feet in diameter 
that are an accessory use of the property. 
D. Maintenance and Repair. Maintenance and repair of a wireless 
telecommunications facility and related equipment provided that there is no 
change in the height or any other dimension of the facility. 
E. Antenna as Accessory Uses. An antenna that is an accessory use to a 
residential dwelling unit. 

SECTION 5 REVIEW AND APPROVAL AUTHORITY 
5.1 Approval Required 
No person shall construct or expand a wireless telecommunications facility 
without approval of the Planning Board (PB) in accordance with Chapter 6 (Site 
Plan Review for Non-Residential Development Proposals) of the Town Of 
Greene Land Use Ordinance, and the provisions of this Ordinance as follows: 
Where the provisions of this Ordinance or Chapter 6 of the Town Of Greene 
Land Use Ordinance are in conflict, the more restrictive Ordinance shall prevail: 
A. Expansion of an Existing Facility and Co-Location. Approval by the PB is 
required for any expansion of an existing wireless telecommunications facility; 
accessory use of an existing wireless telecommunications facility; or co-location 
on an existing wireless telecommunications facility. 
B. New Construction. Approval of the PB is required for construction of a new 
telecommunications facility, within the allowed areas of Town. 
5.2 Approval Authority 
In accordance with section 5.1 above, the PB shall review all applications for 
wireless telecommunications facilities, and make written findings on whether the 
proposed facility complies with the provision of Chapter 6 of the Land Use 
Ordinance and this Ordinance. 

SECTION 6 APPLICATION PROCESS 
6.1 Pre-application Meeting 
A pre-application meeting shall be held in accordance with Chapter 6-102.4 of 
the Town Of Greene Land Use Ordinance. 
6.2 Application 
All persons seeking approval of the PB under this Ordinance shall submit an 
application in accordance with Chapter 6-301 of the Town Of Greene Land Use 
Ordinance and as follows below. The PB shall be responsible for ensuring that 
notice of the application has been published in a newspaper of general 
circulation in the community. 
section 6 application process (continued) 
6.3 Application for Planning Board Approval.  
An application for approval by the PB must be submitted to the PB. The 
application must include the submission requirements contained in Chapter 6-
401 of the Town Of Greene Land Use Ordinance and the following information: 
A. A copy of the FCC license for the facility, or a signed statement from the 
owner or operator of the facility attesting that the facility complies with current 
FCC regulations. 
B. A USGS 7.5 minute topographic map showing the location of all structures 
and wireless telecommunications facilities above one hundred fifty (150) feet in 
height above ground level, except antennas located on rooftops, within a five (5) 
mile radius of be proposed facility, unless this information has been previously 
made available to the Town of Greene. This requirement may be met by 
submitting current information (within thirty (30) days of the date the application is 
filed) from the FCC Tower Registration Database. 
C. A Site Plan: 
1. prepared and certified by a professional engineer registered in file State of 
Maine indicating the location, type, and height of the proposed facility, antenna 
capacity, on-site and abutting, land uses means of access, setbacks from 
property lines, and all applicable American National Standards Institute (ANSI) 
technical and structural codes; 
2. certification by the applicant that the proposed facility complies with all FCC 
standards for radio emissions is required; and 
D. A scenic assessment consisting of the following: 
1. Elevation drawings of the proposed facility, and any other proposed structures, 
showing the height above ground level;  
2. A landscaping plan indicating the proposed placement of the facility on the 
site; location of existing Structures, trees, and other significant site features; the 
type and location of plants proposed to screen the facility; the method of fencing; 
the color of the structure; and the proposed lighting method. 
3. Photo simulations of the proposed facility taken from perspectives determined 
by the PB, or their designee, during the pre-application conference. Each photo 
must be labeled with the line of sight, elevation and with the date taken imprinted 
on the photograph. The photos must show the color of the facility and method of 
screening. 
4. A narrative discussing: 
a. the extent to which the proposed facility would be visible from or 
within a designated scenic resource, 
b. the tree line elevation of vegetation within one hundred (100) feet of the 
facility, and 
c. the distance to the proposed facility from the designated scenic 
resource's noted viewpoints. 
section 6 application process (continued) 
E. A written description of how the proposed facility fits into the applicant's 
telecommunications network; this submission requirement does not require 
disclosure of confidential business information. 
F. Evidence demonstrating that no existing building, site or structure can 
accommodate  
the applicant's proposed facility, the evidence for which may consist of any one 
or more 
of the following: 
1. Evidence that no existing facilities are located within the targeted market 
coverage area as required to meet the applicant's engineering requirements, 
2. Evidence that existing facilities do not have sufficient height or cannot be 
increased in height at a reasonable cost to meet the applicant's engineering 
requirements  
3. Evidence that existing facilities do not have sufficient structural strength  
to support applicant's proposed antenna and related equipment. Specifically: 
a. Planned, necessary equipment would exceed the structural capacity of the 
existing facility, considering the existing and planned use of those facilities and 
these existing facilities cannot be reinforced to accommodate the new 
equipment. 
b. The applicant's proposed antenna or equipment would cause electromagnetic 
interference with the antenna on the existing towers or  
structures, or the antenna or equipment on the existing facility would cause 
interference with the applicant's proposed antenna. 
c. Existing or approved facilities do not have space on which planned equipment 
can be placed so it can function effectively. 
4. For facilities existing prior to the effective date of this Ordinance, the fees 
costs, or contractual provisions required by the owner in order to share or adapt 
an existing facility are unreasonable. Costs exceeding the pro rata share of a 
new facility development are presumed to be unreasonable. This evidence shall 
also be satisfactory for a tower built after the passage of this Ordinance. 
5. Evidence that the applicant has made diligent good faith efforts to negotiate 
co- location on an existing facility, building, or structure, and has been denied 
access. 
G. Identification of districts, sites, buildings, structures or objects, significant in 
American history, architecture, archaeology, engineering or culture, that are 
listed, or eligible for listing, in the National Register of Historic Places (see 16 
U.S.C. 47Ow(5); 36 CER 60 and 800. 
H. A signed statement stating that the owner of the wireless telecommunications 
facility and his or her successors and assigns agree to: 
1. respond in a timely, comprehensive manner to a request for information from a 
potential co-location applicant, in exchange for a reasonable fee not in excess of 
the actual cost of preparing a response; 
2. negotiate in good faith for shared use of the wireless telecommunications 
facility by third parties; 
section 6 application process (continued) 
3. allow shared use of the wireless telecommunications facility if an applicant 
agrees in writing to pay reasonable charges for co-location; 
4. require no more than a reasonable charge for shared use, based on 
community rates and generally accepted accounting principles. This charge may 
include but is not limited to a pro rata share of the cost of site selection, planning 
project administration, land costs, site design, construction, financing, return on 
equity, depreciation, and all of the costs of adapting the tower or equipment to 
accommodate a shared user without causing electromagnetic interference. The 
amortization of the above costs by the facility owner shall be accomplished at a 
reasonable rate over the useful life span of the facility. 
I. A form of surety approved by the PB to pay for he costs of removing the facility 
if it is abandoned. 
J. Evidence that a notice of the application has been published in a local 
newspaper of general circulation in the community. 
6.4 Submission Waiver 
Where the Planning Board makes written findings of fact that there are special 
circumstances of a particular application, it may waive portions of the submission 
requirements, unless otherwise indicated in this SECTION, provided that the 
applicant has demonstrated that the standards of this Ordinance have been or 
will be met, the public health, safety and welfare are protected, and providing the 
waivers do not have the effect of nullifying the intent and purpose of the Town of 
Greene Comprehensive Plan, or the Town Of Greene Land Use Ordinance, and 
this Ordinance. 
6.5 Fees 
1. Application Fee. An application fee(s) shall be in accordance with Chapter 10 
of the Town Of Greene Land Use Ordinance. 

SECTION 7 STANDARDS OF REV1EW 
7.1 Planning Board Approval Standards 
An application for approval by the PB under Section 5.1 shall meet the standards 
contained in chapter 6-501 of the Town Of Greene Land Use Ordinance and the 
following standards. Where the provisions of this Ordinance and chapter 6-501 of 
the Town of Greene Land Use Ordinance are in conflict the more restrictive 
ordinance shall prevail. 
A. Priority of Locations.  
New wireless telecommunications facilities must be located according to the 
priorities below. The applicant shall demonstrate that a facility of a higher priority 
cannot reasonably accommodate the applicant's proposed facility. 
1. Co-location on an existing wireless telecommunications facility 
2. A new facility on public or private property in the Town of Greene. 
B. Design for Co-location. A wireless telecommunications facility and related 
equipment must be designed and constructed to accommodate expansion for 
future co-location of at least three (3) additional wireless telecommunications 
facilities or providers. However, the PB may waive or modify this standard where 
the height limitation effectively prevents future co-location. 
Section 7 standards of review (continued) 
C. Height. A new wireless telecommunications facility must be no higher than two 
hundred (200) feet in height. 
D. Setbacks. A new or expanded wireless telecommunications facility must 
comply with the applicable setback requirements of the Town of Greene, or be 
set back one hundred five percent (105%) of its height from all property lines, 
whichever is greater. The  
setback may be satisfied by including the areas outside of the property 
boundaries if secured by an easement. The following exemptions apply: 
1.The setback may be reduced by the PB upon showing that the facility is 
designed to collapse in a manner that will not harm other property, 
2. An antenna is exempt from the setback requirement if it extends no more than 
five (5) feet horizontally from the edge of the structure to which it is attached, and 
it does not encroach upon an abutting property. 
E. Landscaping. A new wireless telecommunications facility and related 
equipment must be screened with plants from view by abutting properties, to the 
maximum extent practicable. Existing plants and natural land forms on the site 
shall also be preserved to the maximum extent practicable. 
F. Fencing. A new wireless telecommunications facility must be fenced to 
discourage trespass on the facility and to discourage climbing on any structure 
by trespassers. 
G. Lighting. A new wireless telecommunications facility shall be illuminated at the 
top of the facility by an FAA approved lighting apparatus as deemed necessary 
by the height of said tower. Security lighting may be used as long as it is shielded 
to be down-directional to retain lighting within the boundaries of the site, to the 
maximum extent practicable. 
H. Color and Materials. A new wireless telecommunications facility must be 
constructed with materials and colors that match or blend with the surrounding 
natural or built environment, to the maximum extent practicable. Unless 
otherwise required, muted colors, earth tones, and subdued hues shall be used. 
I. Structural Standards. A new wireless telecommunications facility must comply 
with current Electronic Industries Association/Telecommunications Industries 
Association (EIA/TIA) 222 Revision Standard entitled "Structural Standards for 
Steel Antenna Towers and Antenna Supporting Structures." 
J. Visual Impact. The proposed wireless telecommunications facility will have no  
unreasonable adverse impact upon designated scenic resources within the Town 
of Greene as identified in the Town Of Greene's Comprehensive Plan or by a 
State or Federal agency,  
1. In determining the potential unreasonable adverse impact of the proposed 
facility upon the designated scenic resources, the PB shall consider the following 
factors: 
a. the extent to which the proposed wireless telecommunications facility is visible 
above the tree line, from the viewpoint(s) of the impacted designated scenic 
resource; 
b. the type, number, height and proximity of existing structures and features, and 
background features within the same line of sight as the proposed facility; 
Section 7 standards of review (continued) 
c. the extent to which the proposed wireless telecommunications facility would be 
visible from the viewpoint(s); 
d. the amount of vegetative screening;  
e. the distance of the proposed facility from the viewpoint and the facility's 
location within the designated scenic resource; and 
f. the presence of reasonable alternatives that allow the facility to function 
consistently with its purpose. 
g. the harmonious relationship to established building (s) and their surroundings. 
K. Historic and Archaeological Properties. The proposed facility, to the greatest 
degree practicable, will have no unreasonable adverse impact upon a historic 
district, site or structure, which is currently listed on, or eligible for listing on the 
National Register of Historic Places. 
L. Location Within The Town. New Wireless Telecommunications Tower(s) shall 
be located only within the General Development area and/or Rural area as 
identified on the  
Town of Greene Official Wireless Telecommunications Tower Siting Map. 

SECTION 7.2 STANDARD CONDITIONS OF APPROVAL 
The following standard conditions of approval shall be a part of any approval or 
conditional approval issued by the PB. Where necessary to ensure that an 
approved project meets the criteria of this Ordinance and Chapter 6 of the Town 
Of Greene Land  
Use Ordinance, the PB can impose additional conditions of approval. Reference 
to the conditions of approval shall be clearly noted on the final approved site 
plan, and shall include: 
A. The owner of the wireless telecommunications facility and his or her successor 
and assigns agree to: 
1. respond in a timely, comprehensive manner to a request for information from a 
potential co-location applicant, in exchange for a reasonable fee not in excess or 
the actual cost of preparing a response; 
2. negotiate in good faith for shared use of the wireless telecommunications 
facility by third parties; 
3. allow shared use of the wireless telecommunications facility if an applicant 
agrees in writing to pay reasonable charges for co-location; 
4. require no more than a reasonable charge for shared use of the wireless 
telecommunications facility, based on community rates and generally accepted 
accounting principles. This charge may include, but is not limited to, a pro rata 
share of the cost of site selection, planning project administration, land costs, site 
design, construction and maintenance, financing, return on equity, depreciation, 
and all of the costs of adapting the tower or equipment to accommodate a shared 
use without causing electromagnetic interference. The amortization of the above 
costs by the facility owner shall be accomplished at a reasonable rate, over the 
life span of the useful life of the wireless telecommunications facility. 
B. Upon request by the Town of Greene, the applicant shall certify compliance 
with all applicable FCC radio frequency emission regulations. 

SECTION 8 AMENDMENT TO AN APPROVED APPLICATION 
Any changes to an approved application must be approved by the PB in 
accordance with Section 5 and Chapter 6 of the Town Of Greene Land Use 
Ordinance. 

SECTION 9 ABANDONMENT 
A wireless telecommunications facility that is not operated for a continuous 
period of one (1) year shall be considered abandoned. The CEO shall notify the 
owner of an abandoned facility in writing and order the removal of the facility 
within ninety (90) days of receipt of the written notice. The owner of the facility 
shall have thirty (30) days from the receipt of the notice to demonstrate to the 
CEO that the facility has not been abandoned. 
If the owner fails to show that the facility is in active operation, the owner shall 
have sixty (60) days to remove the facility. If the facility is not removed within this 
time period, the Town of Greene may remove the facility at the owner's expense. 
The owner of the facility shall pay all site reclamation costs deemed necessary 
and reasonable to return the site to its pre-construction condition, including the 
removal of roads, and re-establishment of vegetation. 
If a surety has been given to the Town of Greene for removal of the facility, the 
owner of the facility may apply to the PB for release of the surety when the facility 
and related equipment are removed to the satisfaction of the PB. 

SECTION 10 APPEALS 
Any person aggrieved by a decision of the PB under this Ordinance may appeal 
the decision to the Board of Appeals, as provided by Chapter 8 of the Land Use 
Ordinance of the Town of Greene. 

SECTION 11 ADMINISTRATION AND ENFORCEMENT 
The CEO, as appointed by the Board of Selectmen, shall enforce this Ordinance. 
If the CEO finds that any provision of this Ordinance has been violated, the CEO 
shall notify in writing the person responsible for such violation, indicating the 
nature of the violation, and ordering the action necessary to correct it. The CEO 
shall order correction of the violation and may take any other legal action 
necessary to ensure compliance with this Ordinance. 
The Board of Selectmen, or their authorized agent, is authorized to enter into 
administrative consent agreements for the purpose of eliminating violations of 
this Ordinance and recovering fines without court action. Such agreements shall 
not allow a violation of this Ordinance to continue unless:  
There is clear and convincing evidence that the violation occurred as a direct 
result of erroneous advice given by an authorized municipal official upon which 
the applicant reasonably relied to its detriment and there is no evidence that the 
owner acted in bad faith; the removal of the violation will result in a threat to 
public health and safety, abutting property de-valuation, or substantial 
environmental damage. 

SECTION 12 PENALTIES 
Any person who owns or controls any building or property that violates this 
Ordinance shall be fined in accordance with Title 30-A, M.R. S. A., Section 4452. 
Each day such violation continues after notification by the CEO shall constitute a 
separate offense. 

SECTION 13 CONFLICT AND SEVERABILITY 
13.1 Conflicts with other Ordinances 
Whenever a provision of this Ordinance conflicts with or is inconsistent with 
another provision of this Ordinance or any other ordinance, regulation, or statute, 
the more restrictive provision shall apply. 
13.2 Severability 
The invalidity of any part of this Ordnance shall not invalidate any other part of 
this Ordinance. 

SECTION 14 AMENDMENTS TO TOWER ORDINANCE 
A. On written petition of a number of voters equal to at least 10% of the number 
of votes cast in the municipality at the last gubernatorial election, or on 
recommendation of the Selectmen who may present warrants for consideration 
by the Town to amend, supplement, or repeal the regulations and provisions of 
this Ordinance. 
B. After a public hearing on proposed amendment(s), this Ordinance may only be 
amended by a majority vote of an Annual Town Meeting. 

SECTION 15 DEFINITIONS 
The terms used in this Ordinance shall have the following meanings: 
Abutter means any landowner abutting the property that the tower or facility will 
be located on. 
Antenna means any system of poles, panels, rods, reflecting discs or similar 
devices used for the transmission or reception of radio or electromagnetic 
frequency signals. 
Antenna Height means the vertical distance measured from the base of the 
antenna support structure at grade to the highest point of the structure, even if 
mid highest point is an antenna. Measurement of tower height shall include 
antenna, base pad, and other appurtenances and shall be measured from the 
finished grade or the facility site.  
If the support structure is on a sloped grade, then the average between the 
highest and lowest grades shall be used in calculating the antenna height. 
Co-location means the use of a wireless telecommunications facility by more 
than one wireless telecommunications provider. 
Expansion means the addition of antennas, towers, or other devices to an 
existing structure. 
FAA means the Federal Aviation Administration, or its lawful successor. 
FCC means the Federal Communications Commission, or its lawful successor. 
Section 15 Definitions (continued) 
Height means the vertical measurement from a point on the ground at the mean 
finish grade adjoining the foundation as calculated by averaging the highest and 
lowest finished grade around the building or structure, to the highest point of the 
building or structure. The highest point shall exclude farm building components, 
flagpoles, chimneys, ventilators, skylights, domes, water towers, bell towers, 
church spires, processing towers, tanks, bulkheads, or other building accessory 
features usually erected at a height greater than the main roofs of buildings. 
Historic or Archaeological Resources means resources that are: 
1. Listed individually in the National Register or Historic Places or eligible for 
listing on the National Register; 
2. Certified or preliminarily determined by the Secretary of the Interior as 
contributing to the historical significance of a registered historic district or a 
district preliminarily determined by the Secretary of the Interior to qualify as a 
registered historic district;  
3. Individually listed on a state inventory of historic places in states with historic 
preservation programs approved by the Secretary of tile Interior; 
4. Individually listed on a local inventory of historic places in communities with 
historic preservation programs that have been terrified by the Secretary of the 
Interior through the Maine Historic Preservation Commission; or 
5. Areas identified by a governmental agency such as the Maine Historic 
Preservation Commission as having significant value as an historic or 
archaeological resource and any areas identified in the Town of Greene's 
comprehensive plan, which have been listed or are eligible to be listed on the 
National Register of Historic Places. 
Historic Landmark means any improvement, building or structure of particular 
historic or architectural significance to the town relating to its heritage, cultural, 
social, economic or political history, or which exemplifies lust ode personages or 
important events in local, state or national history identified in the Town of 
Greene's comprehensive plan, which have been listed or are eligible to be listed 
on the National Register of Historic Places. 
Line of Sight means the direct view of the object from the designated scenic 
resource. 
Parabolic Antenna (also known as a satellite dish antenna) means an antenna 
which is bowl-shaped, designed for the reception and/or transmission of radio 
frequency communication signals in a specific directional pattern. 
Principal Use means the use other than the one which is wholly incidental or 
accessory to another use on the same premises 
Public Recreational Facility means a regionally or locally significant facility; as 
defined and identified either by State statute or in the Town of Greene's 
comprehensive plan, designed to serve the recreational needs of municipal 
property owners. 
Designated Scenic Resource means the specific location, view, or corridor, as 
identified as a scenic resource in the Town of Greene's comprehensive plan or 
by a State or federal agency, that consists of; 
1. A three dimensional area extending out from a particular viewpoint on a public 
way or within a public recreational area, focusing on a single object, such as a 
mountain, resulting in a narrow corridor, or a group of objects, such as a 
downtown skylight or a mountain range, resulting in a panoramic view corridor; or 
Section 15 Definitions (continued) 
2. Lateral terrain features such as valley sides or woodland as observed to either 
side of the observer, constraining the view into a narrow or particular field, as 
seen from a viewpoint on a public way or within a public recreational area. 
Targeted Market Coverage Area means the area which is targeted to be served 
by this proposed telecommunications facility. 
Unreasonable Adverse Impact means that the proposed project would produce 
an end result, which is: 
1. excessively out-of-character with the designated scenic resources affected, 
including existing buildings, structures and features within the designated scenic 
resource; and 
2. would significantly diminish the scenic value of the designated scenic 
resource. 
3. would impact the health, welfare, or safety of surrounding buildings, residents, 
and their properties, including but not limited to health, financial, or property 
values. 
Viewpoint means the location which is identified either in the Town of Greene's 
comprehensive plan or by a State or federal agency, and which serves as the 
basis for the location and determination of a particular designated scenic 
resource. 
Wireless Telecommunications Facility Or Facility means any structure, antenna, 
tower, or other device which provides radio/television transmission, commercial 
mobile wireless services, unlicensed wireless services, cellular phone services, 
specialized mobile radio communications (SMR), common carrier wireless 
exchange phone services and personal communications service  
(PCS) or pager services. 
(Adopted March 3, 2001)  
Annual Greene Town Meeting