zoning ordinance - Town of Cumberland

Sec. 419Public Utilities419.1 Nothing in this Ordinance shall be deemed to prevent erection,construction, alteration or maintenance in any district of distributionlines of any utility, such as water or gas mains, sewer lines or pipes,within the limits of a public way and all necessary statutory permitsand licenses have been obtained, and further provided that suchtransmission or distribution lines, if located in a subdivision requiringthe approval of the Planning Board shall be subject to the SubdivisionOrdinance as now enacted or as hereafter amended. For the purposesof this section, a telecommunications facility is not considered a publicutility. [Amended, effective 12/13/99]419.2 No underground transmission lines, not located in a public way, butexcluding water and sewer lines, shall be permitted in any districtunless allowed by the Board of Adjustment and Appeals as a specialexception. In addition to the other criteria contained in this ordinanceto be followed by said Board in granting or denying requests forspecial exceptions, the Board shall take into consideration the effect ofthe location of the underground lines upon other development in thearea, the materials used in the construction of such lines, the sizethereof, and the proposed treatment of the surface of the land withinthe work limits and/or the right of way for such lines.419.3 No above ground transmission lines, not located in a public way, shallbe permitted in any district unless allowed by the Board of Adjustmentand Appeals as a special exception. In addition to the other criteriacontained in this Ordinance to be followed by said Board in grantingor denying requests for special exceptions, the Board shall take intoconsideration the effect the location of the above ground lines uponother development in the area, the materials used in the construction ofsuch lines, the size thereof, and the proposed treatment of the surfaceof the land within the work limits and/or the right of way for suchlines, and also any proposed screening of such above-ground facilitiesby plantings or otherwise to minimize the distracting visual effectsupon users of any public ways in the area and on the users ofresidential properties in the area.419.4 Accessory structures, including power substations and standpipes, butexcluding sewer pumping stations, may be permitted in any district asspecial exceptions by the Board of Adjustment and Appeals, withreview requirements as listed in the district requirements. Thesestructures shall further be subject to site plan review by the PlanningBoard. Sewer pumping stations shall be a permitted use in specifieddistricts except that site plan review by the Planning Board shall beZoning Ordinance 139 Town of Cumberland