[Added 10-16-2000 FATM, Art. 3]
As used in this article, the following terms
shall have the meanings indicated:
A company that provides wireless services.
The use of a single mount on the ground or several mounts
on an existing structure by more than one carrier.
Any antenna, dish or panel mounted out of doors on an already
existing building or structure used by a commercial telecommunications
carrier to provide telecommunications services. The term "communications
device" does not include a Tower because that term is defined separately.
The party currently responsible for the maintenance and physical
security of a Wireless Communications Facility (WCF). Initially this
is the applicant. Since the applicant might lease the WCF site, the
Operator might differ from the site's owner. The Operator is also
distinct from other carriers who have co-located equipment on the
WCF.
A locked, impenetrable wall or fence that completely seals
an area from unauthorized entry or trespass.
Any equipment mounting structure that is used by a commercial
telecommunications carrier to support reception or transmission equipment
and that measures 12 or more vertical feet.
Any materials, equipment, storage structures, towers, dishes
and antennas, other than customer premises equipment, used by a commercial
telecommunications carrier to provide telecommunications or data services.
This definition does not include facilities used by a federally licensed
amateur radio operator nor television antennas and satellite dishes
which are for residential use.
A structure designed to house both mechanical and electronic
equipment used in support of Wireless Communications Facilities.
The purpose of these Wireless Communications
Facilities (WCF) regulations is to promote the health, safety, and
general welfare of the community; to guide sound development; and
to conserve the value of land and buildings. To these ends, this article
seeks:
A.
Minimizing WCF sites with towers.
B.
(1)
Aesthetic impact towers.
(a)
A Tower shall be either a free standing monopole
or a "tree tower" (i.e., a simulated tree).
(b)
Any proposed Tower must be the minimum height
necessary to accommodate the use and in any event shall not be more
than 120 feet in height unless the applicant demonstrates to the Board's
satisfaction that a greater height is required to service the area.
(c)
The visual impact of a Tower shall be minimized
by use of appropriate paint.
(d)
A Tower shall be sited such that its appearance
from other areas of the Town is minimized and be screened from abutters
and residential neighbors as much as possible.
(e)
Towers shall not be located within 750 feet
of scenic roads.
(2)
Aesthetic Impact of Communications Devices.
(a)
Free, standing Communications Devices shall
be located on the landscape, screened and painted in a manner, which
minimizes visibility from abutting streets and residents.
(b)
Communication Devices that are located on a
structure shall be screened whenever possible or painted or otherwise
colored to minimize their visibility, and shall be integrated into
such structures in a manner that blends with the structure; and shall
not exceed 15 feet in height above the roof line of the structure.
(4)
General aesthetic impact.
(a)
Lighting shall be limited to minimal security
lighting, emergency lighting, and that required by the Federal Aviation
Administration.
(b)
WCF shall not generate noise in excess of 50
dB at the property line.
(c)
The maximum amount of vegetation shall be preserved.
(d)
WCF shall provide a vegetated buffer of sufficient
height and depth to effectively screen the facility. The Planning
Board shall determine the details of the buffer based on site conditions.
(e)
Each facility shall have at least one parking
space, to be used in connection with the maintenance of the facility,
and not to be used for storage of vehicles or other items.
C.
Ensuring public safety.
(1)
A Tower shall be set back from property lines a distance
at least 120% of its height; and from schools, hospitals, and residential
structures by at least 500 feet; and from scenic roads at least 750
feet.
(2)
WCF that include Towers shall be surrounded by a Security
Barrier. Fencing shall be compatible with the scenic character of
the Town. Razor wire fencing is prohibited.
(3)
There shall be a sign identifying the facility, the
Operator, and an emergency telephone number where the Operator can
be reached at any time. Other Permitted signs are danger/warning and
"no trespassing" signs. Advertising signs are prohibited. All signs
must conform to Section 10,[1] this bylaw's sign regulations.
(4)
WCF must comply with all applicable federal and state
requirements.
A.
WCF may be erected upon the grant of a special permit
by the Planning Board.
B.
The applicant must be authorized by the FCC to construct
and operate a commercial mobile radio services system. There may be
co-applicants as well, such as the owner of the subject property.
C.
No WCF shall be erected or installed out of doors
except in compliance with the provisions of this article. The provisions
of this article apply to all WCF whether as a principal or an accessory
use to any additions to, or replacement of, existing WCF.
D.
The Planning Board shall review the special permit
application for conformance with the Special Permit Criteria under
Massachusetts General Law.
E.
WCF that include a Tower shall be considered only
after a finding that existing or previously approved towers, buildings,
or structures cannot accommodate the proposed users. New Towers shall
be considered by the Planning Board only upon finding by the Planning
Board that:
(1)
The applicant has used reasonable efforts to co-locate
its proposed WCF on existing or approved facilities; and
(2)
That the applicant either was unable to negotiate
commercially reasonable lease terms with the owner of an existing
or approved facility that could accommodate the proposed facilities
from both structural and radio frequency engineering perspectives;
or that no such structure exists or is proposed.
F.
To make an informed review of the applicant's proposal,
the Board may request information such as the following:
(1)
A Town-wide map showing the location of other existing
WCF and WCF proposed by this applicant in the Town and within one
mile of the Town.
(2)
A locus plan at a scale of one inch equals 200 feet
showing all property lines, streets, landscape features, and all buildings
within 500 feet of the facility. It shall show the exact location
of the proposed facilities including antennas, mounts, equipment,
shelters, security barriers, and parking. It shall show all proposed
changes to the existing property, including grading, vegetation removal
and temporary or permanent roads and driveways.
(3)
Existing (before condition) photographs and proposed
(after condition) renditions. The before condition photos shall illustrate
what can be currently seen from any public road within 300 feet. The
after condition renditions shall show the same view with proposed
facility superimposed.
(4)
To demonstrate the visual impact of a proposed Tower,
the applicant shall fly a three-foot diameter balloon or place a crane
at the proposed site at the maximum height of the proposed Tower on
a weekend day between the hours of noon and 3:00 p.m. The date and
location of the demonstration shall be advertised at least 14 days,
but not more than 21 days, before the demonstration in a newspaper
of general circulation in the Town. Photographs of the demonstration
showing the impact on the proposed tower on abutting street, adjacent
property owners and residential neighborhoods shall be submitted.
G.
Applicants proposing to erect WCF on municipally owned
land or structures shall provide evidence of contractual authorization
from the Town.
H.
The Planning Board may require the applicant to pay
reasonable fees for professional review of the applicant's proposal
by a professional or radio frequency engineer, attorney or other qualified
professional.
I.
Procedurally, the Planning Board shall act on an application
for a special permit for the placement of a WCF pursuant to MGL c.
40A, § 9. Any denial shall be in writing and supported by
substantial evidence contained in the record.
The following conditions shall apply to all
grants of special permits pursuant to this article:
A.
For Towers on Town property, the Operator must execute
an agreement with the Town whereby the Operator indemnifies and holds
the Town harmless against any claims for injury or damage resulting
from or arising out of the use of occupancy of the Town owned property
by the Operator.
B.
For all Towers, the Operator must execute an agreement
with the Town whereby the Operator shall, at its own expense, after
the Tower has been unused for one year, remove all WCF thereon and
restore the premises to its original condition. To protect the Town's
interest, in the event that the Operator breaches this agreement,
the Operator shall provide the Town with:
C.
For all Towers, the Operator must execute an agreement
with the Town whereby the Operator will allow the other carriers to
lease space on the Tower so long as such use does not interfere with
the Operator's use of the Tower.
D.
For all WCF, each year, on the anniversary of the
issuance of the Special Permit, the Operator must submit to the Building
Inspector:
(1)
Certification of their compliance with all applicable
federal and state requirements;
(2)
Certification of their possession of all necessary
licenses to operate such a facility;
(3)
Certification that the WCF is still in use;
(4)
For Towers on Town property, a Certificate of Insurance
for liability coverage naming the Town as an additional insured.
E.
For all WCF, the Operator shall maintain the WCF —
including painted finish, security barrier and landscaping —
in good condition.
A.
Amateur radio towers used in accordance with the terms
of any amateur radio license issued by the Federal Communications
Commission shall be exempt from the provisions of the bylaw, provided
that: (1) the Tower is not used or licensed for any commercial purpose.
B.
Facilities used for the purposes set forth in MGL
c. 40A, § 3, shall also be exempt.
