A.
Removal of sand, earth, gravel or other raw materials
and the processing and treating of raw materials shall be conducted
only by special permit of the Zoning Board of Appeals. This section
shall not apply to such operations which are incidental to and in
connection with the construction of a building on a lot.
B.
Any application for a special permit for the removal of sand, earth, gravel or other raw materials or for the processing and treating of raw materials shall be accompanied by a site plan depicting the land to be affected by such operation. In addition to complying with the minimum site plan requirements of § 200-28D, the site plan shall indicate the following:
(1)
Contours at intervals of not more than ten (10) feet;
(2)
A placement of at least four (4) inches of compacted
topsoil over all excavated, filled or otherwise disturbed surfaces
and seeding with a perennial cover crop, reseeded as necessary to
assure uniform growth and soil surface stabilization;
(3)
Finished grades not to exceed a slope of one (1) foot
vertical to two (2) feet horizontal; and
(4)
Existing removal area(s) and the proposed area(s)
for removal in the immediate future.
C.
Any special permit granted for the removal of sand,
earth, gravel or other raw materials or for the processing and treating
of raw materials shall contain the following mandatory conditions:
(1)
Removal and processing operations shall not be conducted
closer than fifty (50) feet to a public street or to any property
line;
(2)
All equipment, except mobile equipment, for sorting,
washing, crushing, grading, drying, processing and treating, or other
operation machinery, shall not be used closer than one hundred (100)
feet from any public street or from any adjoining property line;
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
(3)
Any access to excavated areas or areas in the process
of excavation shall be adequately posted with "Keep Out - Danger"
signs;
(4)
Any work or bank that slopes more than thirty (30)
degrees downward adjacent to a public street shall be adequately fenced
at the top;
(5)
Fencings. A substantial fence shall be provided enclosing
the excavation or quarry where any excavation or quarry will extend
under original ground level or will have a depth of ten (10) feet
or more and create a slope of more than one (1) foot vertical to two
(2) feet horizontal. Such fence shall be located ten (10) feet or
more from the edge of the excavation or quarry, and shall be at least
six (6) feet in height;
(6)
Adequate provision is to be made for drainage during
and after the completion of operations;
(7)
Adequate lateral support shall be maintained for all
adjacent properties;
(8)
The use of explosives shall be done in accordance
with the regulations for storage and handling of explosives as published
by the Massachusetts Department of Public Safety and the North Reading
Fire Department;
(9)
Provision shall be made for the adequate control of
dust during operation;
(10)
There shall be replacement of at least four
(4) inches of compacted topsoil over all excavated, filled or otherwise
disturbed acres. There shall also be seeding with a perennial cover
crop, reseeded as necessary to assure uniform growth and soil surface
stabilization;
(11)
Finished grades shall not exceed a slope of
one (1) foot vertical to two (2) feet horizontal;
(12)
The special permit shall be conditioned upon compliance with applicable provisions of the environmental performance regulations of this Zoning Bylaw pursuant to § 200-87; and
(13)
It is recognized that the land reuse of a removal
site is in the public interest. Therefore, land reuse plan(s) must
be submitted to the Zoning Board of Appeals for approval subject to
the regulations set forth in the following subsections:
(a)
The Zoning Board of Appeals may require that
up to three (3) approved alternative future land reuse plans be submitted
for such land as is used for the extraction of earth, sand, gravel,
rock and associated raw materials;
(b)
Said land reuse plan and its implementation
applies to the conversion of the abandoned site and its planned reuse,
including landscaping and erosion control. It is, therefore, required
that any land reuse plan correspond to a situation which could reasonably
occur in the immediate future [zero (0) to five (5) years], and be
revised as necessary as the existing physical character of the removal
area changes;
(c)
The land reuse plan or any part thereof which
reasonably applies to an area which has been abandoned from removal
use shall be put into effect within one (1) year of the abandonment
of said operation. Abandonment for the purpose of this subsection
shall be defined as the visible or otherwise apparent intention of
the owner or user of the land to abandon the use of the land; and
(d)
A bond in an amount stated by the Zoning Board
of Appeals shall be posted to insure the satisfactory implementation
of the reuse plan.
A.
No special permit for the use of a dwelling for a
home occupation shall be granted unless the Zoning Board of Appeals
makes a finding that the buildings or premises occupied will not be
rendered objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance, traffic, emission
of odor, gas, smoke, dust, noise or electrical disturbance, or due
to any other incident of the home occupation. In the case of a multi-family
dwelling, the Zoning Board of Appeals must find that the use will
in no way become objectionable or detrimental to any residential use
within the multi-family structure.
B.
A special permit for the use of a dwelling for a home
occupation shall contain the following mandatory conditions:
A special permit for the operation of a gasoline
service station, including self-service gasoline stations, shall include
the following mandatory conditions:
A.
No driveway shall be permitted to any street that
carries traffic at such speed or in such quantity that access to or
egress from a gasoline service station at such a location will create
hazardous conditions;
B.
The maximum width of driveways and sidewalk openings
measured at the street lot line shall be thirty (30) feet; the minimum
width shall be twenty (20) feet;
D.
The minimum setback of gasoline pumps from all street
lines shall be twelve (12) feet;
E.
A raised curb at least twelve (12) inches in height
shall be constructed along all lot lines except at driveway openings;
G.
Any gasoline or oil facilities shall be at least twenty-five
(25) feet from any lot line.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-10-1985 ATM by Art.
22, approved 2-4-1986; 10-8-1987 ATM by Art. 21, approved 11-30-1987; 10-5-1989 ATM by Art. 21, approved 1-8-1990; 4-30-1992 ATM by Art.
22, approved 8-26-1992]
A.
Purposes. The purposes of this section are:
(1)
To provide the lands in the Town of North Reading
subject to seasonal or periodic flooding as hereinafter described
shall not be altered in such a manner as to endanger the health, safety
or welfare of the occupants thereof or of the public.
(2)
To protect, preserve and maintain the water table
and water recharge areas within the town so as to preserve present
and potential water supplies for the public health, safety and welfare
of the residents of the Town of North Reading.
(3)
To assure the continuation of the natural flow of
the watercourses within the Town of North Reading; and to maintain
adequate and safe floodwater storage capacity in order to protect
persons and property against the hazards of flood inundation.
(4)
To ensure that all new subdivisions are designed and
constructed to minimize flood damage potential, that all public utilities
and facilities are located and constructed to minimize or eliminate
flood damage, and that adequate drainage is provided to reduce exposure
to flood hazards.
[Added 4-11-1996 ATM by Art. 20, approved 8-3-1996]
B.
District locations.
[Amended 4-11-1996 ATM by Art. 20, approved 8-3-1996]
(1)
The Floodplain District is herein established as an
overlay district. The underlying permitted uses are allowed provided
that they meet the following additional requirements as well as those
of the Massachusetts State Building Code 780 CMR 120.G dealing with
construction in floodplains. The Floodplain District includes all
special flood hazard areas within the Town of North Reading designated
as Zone A, AE, AO and AH on the Middlesex County Flood Insurance Rate
Map (FIRM) issued by the Federal Emergency Management Agency (FEMA)
for the administration of the National Flood Insurance Program. The
map panels of the Middlesex County FIRM that are wholly or partially
within the Town of North Reading are panel numbers 25017C0282E, 25017C0284E,
25017C0292E, 25017C0301E, 25017C0302E, 25017C0303E, 25017C0304E, 25017C0306E,
25017C0308E, 25017C0309E, 25017C0311E and 25017C0312E dated June 4,
2010. The exact boundaries of the District are defined by the 100-year
base flood elevations shown on the FIRM and further defined by the
Middlesex County Flood Insurance Study (FIS) report dated June 4,
2010. The FIRM and FIS report are incorporated herein by reference
and are on file with the Town Clerk, Community Planning Commission,
Building Official, Conservation Commission.
[Amended 4-5-2004 ATM by Art. 3, approved 5-13-2004; 10-4-2004 OTM by Art.
7, approved 12-3-2004; 10-4-2010 OTM by Art. 16, approved 11-17-2010]
(2)
These maps as well as the accompanying Flood Insurance
Study are incorporated herein by reference.
C.
District use regulations.
[Amended 4-11-1996 ATM by Art. 20, approved 8-3-1996]
(1)
The Floodplain District is established as an overlay
district superimposed on all other existing zoning districts. All
uses and development in the Floodplain District, including structural
and non-structural activities, whether permitted in the underlying
district by right or by special permit shall be subject to all of
the provisions of this section, and must also be in compliance with
the following:
(b)
Those provisions of the Massachusetts State
Building Code which address floodplain and coastal high hazard areas
as they may be in effect from time to time, including but not limited
to, 780 CMR 120.G of the Massachusetts State Building Code which addresses
construction in floodplains and floodways;
[Amended 10-4-2010 OTM by Art. 16, approved 11-17-2010]
(c)
Massachusetts Department of Environmental Protection
(DEP), Wetland Protection Regulations, 310 CMR 10.00, as they are
in effect from time to time;
(d)
310 CMR 13.00, Inland Wetlands Restrictions,
Department of Environmental Protection, as they are in effect from
time to time;
[Amended 10-4-2010 OTM by Art. 16, approved 11-17-2010]
(e)
310 CMR 12.00, Coastal Wetlands Restriction,
Department of Environmental Protection, as they are in effect from
time to time;
[Amended 10-4-2010 OTM by Art. 16, approved 11-17-2010]
(f)
DEP Minimum Requirements for the Subsurface
Disposal of Sanitary Sewers, 310 CMR 15, Title 5, as they are in effect
from time to time;
(g)
Any variances of the above referenced state
regulations granted in accordance with the required variance procedures
established in said regulations.
(2)
Permitted uses. The following uses shall be permitted
by right within the district:
(a)
Uses directly related to the conservation of
water, plants and wildlife, including facilities for municipal water
supply purposes;
(b)
Outdoor recreation activities and facilities,
such as unpaved play areas, nature study, boating, fishing and hunting
where otherwise legally permitted;
(c)
Wildlife management areas, landings, foot, bicycle
and/or horse paths and bridges, provided such uses do not affect the
natural flow patterns of any watercourse;
(d)
Grazing and farming, including truck gardening
and harvesting of crops;
(e)
Forestry and nurseries;
(f)
Small non-residential structures of less than
one hundred (100) square feet of floor area in connection with recreation
or the growing, harvesting, storage or sale of crops raised on the
premises;
(g)
Creation of ponds or detention areas, and associated
structures, with a total water surface area at peak elevation not
in excess of 40,000 square feet;
(h)
Removal of silt and other accumulated debris
from a watercourse which tends to interfere with the natural flow
patterns of the watercourse;
(i)
Construction, alteration, repair and maintenance
of municipal infrastructure including water system, sewer system,
drainage, roadways and public utilities.
(3)
Special permit uses.
(a)
Except as specifically permitted in Subsection C(2), in the floodplain district no new building shall be erected or constructed, and no existing structure shall be altered, enlarged or moved; no dumping, filling or earth transfer or relocation shall be permitted without first obtaining a special permit from the Community Planning Commission.
(b)
The Community Planning Commission may allow
the permitted uses of the underlying district within the Floodplain
District upon issuance of a special permit subject to the following
conditions:
[1]
That the applicant first obtain a permit from
the North Reading Conservation Commission.
[2]
That all encroachments including fill, new construction,
substantial improvements to existing structures, earth transfer, and
other development be certified by a registered professional engineer
that such encroachments shall not result in any increase in flood
levels during the occurrence of the one-hundred-year flood.
[3]
That the lowest floor of all new structures
including any substantial improvements are above the one-hundred-year
flood elevation as shown on the FIRM maps or, in the absence of flood
elevation information, are above the one-hundred-year flood elevation
as determined and certified by a registered professional engineer.
[4]
That all new construction and substantial improvements:
[5]
Base flood elevation data. Base flood elevation
data is required for subdivision proposals or other developments greater
than fifty (50) lots or five (5) acres, whichever is the lesser, within
unnumbered A zones.
[Added 4-11-1996 ATM by Art. 20, approved 8-3-1996]
D.
Regulations and application procedure. After public
notice and public hearing the Commission shall promulgate regulations
to effectuate the purposes of this bylaw. The regulations shall include
the application procedure for a special permit. Failure by the Commission
to promulgate such regulations or a legal declaration of their invalidity
by a court of law shall not act to suspend or invalidate the effect
of this bylaw.
E.
Definitions. Except as otherwise provided in the regulations
of the Commission, the definitions of the terms of this bylaw shall
be as set forth in the National Flood Insurance Program and Related
Regulations, revised as of October 1, 1990, as amended, prepared by
the Federal Emergency Management Agency.
[Amended 4-11-1996 ATM by Art 20, approved 8-3-1996]
F.
Review by other Town boards and agencies. Upon receipt
of an application for a special permit for activity in the Floodplain
District, the Community Planning Commission shall forward a copy of
such application to the Conservation Commission and the Town Engineer
with a request that they review the application and submit their comments
thereon to the CPC prior to or at the public hearing on the application.
Failure of the Conservation Commission and/or Town Engineer to make
recommendations or comments at or prior to the public hearing shall
be deemed lack of opposition to the application.
G.
Public hearing. Special permits shall only be issued
following public hearings held as provided for in Section 9 of MGL
c. 40A and in accordance with the procedure and timetable set forth
therein.
H.
Permits and determinations.
(1)
Conditional decisions. In granting a special permit
the Community Planning Commission may impose additional specific conditions,
safeguards and limitations on time or use as are deemed necessary
to ensure compliance with the intent of this bylaw. The Community
Planning Commission, in reaching its decision, will consider the simplicity,
reliability and effectiveness of the proposed mitigating measures
and the damage likely to result if these measures were to fail.
(2)
Decision that area does not warrant protection. The
Community Planning Commission may decide, after having reviewed the
submitted material that although an area is included within the Floodplain
District, it does not warrant protection under the stated purpose
and intent of this bylaw and as such the application warrants the
grant of a special permit having no conditions imposed for the area
which does not warrant protection. All such decisions shall require
a FEMA letter of map revision as a condition of approval.
[Amended 4-11-1996 ATM by Art. 20, approved 8-3-1996]
(3)
Expiration of special permits. Special permit granted
under this section shall lapse within two (2) years. A substantial
use under the special permit must have commenced within the two-year
period, or the permit shall be deemed expired.
(4)
Previously authorized work. The special permit requirement established under this article shall not apply to any work which, prior to the effective date of this bylaw, had been authorized by all required orders of conditions under Massachusetts General Laws, Chapter 131, Section 40, and special permits under the former Section 9.4 of the Zoning Bylaw, provided that such work is performed in accordance with the terms of said orders and special permits, including any amendment or extension of said orders and special permits as may be granted by the issuing authority.
I.
Denial of permit. The Commission is empowered to deny
a permit for failure to meet the requirements of this bylaw; for failure
to submit necessary information and plans requested by the Commission;
and for failure to meet other requirements in regulations of the Commission.
J.
Burden of proof. The applicant for a permit shall
have the burden of proving by a preponderance of the credible evidence
that the work proposed in the application will not increase existing
floodplain elevations. Failure to provide adequate evidence to the
Commission supporting this burden shall be sufficient cause for the
Commission to deny a permit or grant a permit with conditions.
K.
Appeals. A decision of the Commission shall be reviewable by the North Reading Zoning Board of Appeals in an action filed within 30 days thereof in accordance with Article VI of the Zoning Bylaw of the Town of North Reading, Massachusetts.
[Amended 10-2-2000 ATM by Art. 16, approved 3-29-2001]
L.
Severability. The invalidity of any section or provisions
of this bylaw shall not invalidate any other section or provision
thereof, nor shall it invalidate any permit or determination which
previously has been issued.[1]
[1]
Editor's Note: Former Sec. 9.5, Development
in floodplain areas, which immediately followed this subsection, as
amended 11-6-1978 ATM by Art. 12, approved 2-6-1979, was deleted 10-10-1985
ATM by Art. 22, approved 2-4-1986.
[Added 10-4-1999 ATM by Art. 10, approved 12-14-1999]
A.
Purpose and intent. It is the purpose and intent of
this section to address and mitigate the secondary effects of the
adult uses and sexually oriented businesses referenced herein, since
such secondary effects have been found by the Community Planning Commission,
as a result of the studies relied upon by the Community Planning Commission
and after other public input, to include increased crime, adverse
impacts on public health, adverse impacts on the business climate
of the Town, adverse impacts on the property values of residential
and commercial properties, and adverse impacts on the quality of life
in the Town, all of which secondary impacts are adverse to the health,
safety, and general welfare of the Town of North Reading and its inhabitants.
The provisions of this section have neither the purpose nor intent
of imposing a limitation or restriction on the content of any communicative
matter or materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of this section to restrict
or deny access by adults to adult uses and to sexually oriented matter
or materials protected by the Constitutions of the United States of
America and of the Commonwealth of Massachusetts, nor to restrict
or deny rights that distributors or exhibitors of such matter or materials
may have to sell, rent, distribute, or exhibit such matter or materials.
Neither is it the purpose or intent of this section to legalize the
sale, rental, distribution, or exhibition of obscene or other illegal
matter or materials. This bylaw is adopted pursuant to MGL c. 40A,
§ 9A and pursuant to the Home Rule Amendment to the Massachusetts
Constitution.
B.
ADULT BOOKSTORE
ADULT CLUB
ADULT PARAPHERNALIA STORE
ADULT THEATER
ADULT USE
(1)
(2)
(3)
(4)
ADULT VIDEO STORE
SUBSTANTIAL OR SIGNIFICANT PORTION
(1)
(2)
(3)
(4)
Definitions.
An establishment having as a substantial or significant portion
of its stock in trade books, magazines, and other matter which are
distinguished as characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement, as defined in
MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its entertainment a person or persons performing in a state of
nudity or distinguished by an emphasis on matter depicting, describing
or relating to sexual conduct or sexual excitement, as defined in
MGL c. 272, § 31.
An establishment having a substantial or significant portion
of its stock in devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
A use having as a substantial or significant
portion of its stock in trade such as but not limited to, books, magazines
or video tapes, which are distinguished by an emphasis on matter depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31.
A use having as a substantial or significant
portion of its entertainment such as, but not limited to, cinematic,
theatrical, or dance presentation of a person or persons performing
in a state of nudity or distinguished by an emphasis on matter depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31.
A use having as a substantial or significant
portion of its manufactured items which are distinguished by an emphasis
on matter depicting, describing or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
An adult bookstore, adult club, adult theater,
adult video store, and adult paraphernalia store, as defined in this
bylaw.
An establishment having a substantial or significant portion
of its stock in videos or other matters which are distinguished by
emphasis on matter depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
The term "substantial or significant portion" as used herein
shall mean any of the following:
Ten (10) percent or more of the business inventory
or stock of merchandise for sale, rental, distribution or exhibition
during any period of time; or
Ten (10) percent or more of the annual number
of gross sales, rentals or other business transactions; or
Ten (10) percent or more of the annual gross
business revenue; or
Ten (10) percent or more of the hours during
which the establishment is open.
C.
Special permits. Adult uses may only be permitted
in the Highway Business District and only upon authorization of a
special permit by the Zoning Board of Appeals subject to the following
conditions:
(1)
An adult use shall not be located within:
(2)
If the adult use allows for the showing of films or
videos within the premises, the booths in which the films or videos
are viewed shall not be closed off by curtains, doors or screens.
All shall be clearly seen from the center of the establishment.
(3)
If the adult use allows for personal dancing or massages
within the premises, the areas in which these personal services occur
shall not be closed off by curtains, doors, or screens. All shall
be clearly visible from the center of the establishment.
(4)
All adult uses shall be inaccessible to persons less
than 18 years of age.
(5)
Signs. All signs for any adult use must meet the requirements of Article XIV. In addition, no advertisement, display or other promotional material which is distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, shall be visible to the public from any public way including but not limited to sidewalks, pedestrian walkways, highways or railways.
(6)
All special permits granted by the Town of North Reading
for adult uses shall be subject to annual automatic renewal, based
on compliance with the terms and conditions of approval, provided
there have been no changes in the owner or manager of the use or in
the use itself. Any findings of non-compliance shall be reason for
non-renewal of said special permit.
(7)
Any other condition that the Zoning Board of Appeals
finds appropriate and consistent with the purposes and intent of this
bylaw to protect the health, safety, general welfare and/or quality
of life of the residents of North Reading.
[Amended 10-2-2000 ATM by Art. 16, approved 3-29-2001]
D.
Application. The application for a special permit
for an adult accessory use must include the following information:
(1)
Name and address of the legal owner of the proposed
adult use establishment;
(2)
Name and address of all persons having a lawful, equity
or security interest in the adult use establishment;
(3)
A sworn statement must be provided stating that neither
the applicant nor any person having a lawful, equity or security interest
in the adult use establishment has been convicted of violating the
provisions of MGL c. 119, § 63 or MGL c. 272, § 28;
(4)
Name and address of the manager of the adult use establishment;
(5)
Proposed provisions for security within and without
the adult use establishment;
(6)
The number of employees; and
(7)
The present and proposed physical layout of the interior
of the adult use establishment.
E.
Amortization.
(1)
Any adult use which exists in North Reading at the
time of the adoption of this bylaw shall cease and desist all adult
use activities within five years (5) of the effective date of this
bylaw.
F.
No special permit for an adult accessory use shall
be issued to any person convicted of violating MGL c. 119, § 63
or MGL c. 272, § 28.
G.
Severability. If any section, subsection, sentence,
clause, phrase or portion of this section is for any reason held invalid,
illegal, or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of any remaining
portions hereof.
[Added 4-6-2000 ATM by Art. 25, approved 6-28-2000; amended 10-12-2000 ATM by Art.
32, approved 3-29-2001]
A.
Purpose and intent.
(1)
It is the express purpose of this section to minimize
the visual and environmental impacts of personal wireless service
facilities. The section enables the review and approval of personal
wireless service facilities by the Town's Community Planning Commission
in keeping with the Town's existing bylaws and historic development
patterns, including the size and spacing of structures and open spaces.
This section is intended to be used in conjunction with other regulations
adopted by the Town, including historic district regulations, site
plan review and other local bylaws designed to encourage appropriate
land use, environmental protection, and provision of adequate infrastructure
development in North Reading.
(2)
The regulation of personal wireless service facilities
is consistent with the purpose of the planning efforts of the Town
through its local Master Plan to further the conservation and preservation
of developed, natural and undeveloped areas, wildlife, flora and habitats
for endangered species; protection of the natural resources; balanced
economic growth; the provision of adequate capital facilities; the
coordination of the provision of adequate capital facilities with
the achievement of other goals; and the preservation of historical,
cultural, archaeological, architectural and recreational values.
B.
ABOVE GROUND LEVEL (AGL)
ANTENNA
CAMOUFLAGED
CARRIER
CO-LOCATION
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA
ELEVATION
ENVIRONMENTAL ASSESSMENT (EA)
EQUIPMENT SHELTER
FALL ZONE
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
LATTICE TOWER
LICENSED CARRIER
MONOPOLE
MOUNT
OMNIDIRECTIONAL (WHIP) ANTENNA
PANEL ANTENNA
PERSONAL WIRELESS SERVICE FACILITY
PERSONAL WIRELESS SERVICES
RADIOFREQUENCY (RF) ENGINEER
RADIOFREQUENCY RADIATION (RFR)
SECURITY BARRIER
SEPARATION
Definitions.
A measurement of height from the natural grade of a site
to the highest point of a structure.
The surface from which wireless radio signals are sent and
received by a personal wireless service facility.
A personal wireless service facility that is disguised, hidden,
part of an existing or proposed structure or placed within an existing
or proposed structure is considered "camouflaged."
A company that provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
A low mount that has three panels flush mounted or attached
very close to the shaft.
The measurement of height above sea level.
An EA is the document required by the Federal Communications
Commission (FCC) and the National Environmental Policy Act (NEPA)
when a personal wireless service facility is placed in certain designated
areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A thin rod that beams and receives a signal in all directions.
A flat surface antenna usually developed in multiples.
Facility for the provision of personal wireless services,
as defined by the Telecommunications Act.
The three types of services regulated by this bylaw.
An engineer specializing in electrical or microwave engineering,
especially the study of radiofrequencies.
The emissions from personal wireless service facilities.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas and
another carrier's array.
C.
General regulations
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
(1)
Use regulations. A personal wireless service facility
shall require a building permit in all cases and may be permitted
as follows:
(a)
A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(3)(e) below. Such installations shall require a special permit pursuant to Chapter 28 and a site plan review special permit pursuant to Chapter 95, unless subject to the Telecommunications Act of 1996, Section 704, 47 U.S.C. § 332(c)(7), as amended by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("TCA").
(b)
A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a special permit pursuant to Chapter 28 and site plan approval pursuant to Chapter 95, unless exempted from local special permits by the TCA. Such facilities may locate by special permit in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Subsection C(3)(e), (f), and (g) and all of the special permit regulations set forth in Subsection D of this bylaw.
(2)
Location. Applicants seeking approval for personal
wireless service facilities shall comply with the following:
(a)
If feasible, personal wireless service facilities
shall be located on existing structures, including but not limited
to buildings, water towers, existing telecommunications facilities,
utility poles and towers, and related facilities, provided that such
installation preserves the character and integrity of those structures.
In particular, applicants are urged to consider the use of existing
telephone and electric utility structures as sites for one or more
personal wireless service facilities. The applicant shall have the
burden of proving that there are no feasible existing structures upon
which to locate.
(b)
If the applicant demonstrates that it is not
feasible to locate on an existing structure, personal wireless service
facilities shall be designed so as to be camouflaged to the greatest
extent possible, including but not limited to: use of compatible building
materials and colors, screening, landscaping and placement within
trees.
(c)
The applicant shall submit documentation of
the legal right to install and use the proposed facility mount at
the time of application for a special permit.
(3)
Dimensional requirements. Personal wireless service
facilities shall comply with the following requirements:
(a)
Height, general. Regardless of the type of mount,
personal wireless service facilities shall be no higher than ten feet
above the average height of buildings within 300 feet of the proposed
facility. In addition, the height of a personal wireless service facility
shall not exceed by more than ten feet the height limits of the zoning
district in which the facility is proposed to be located. Personal
wireless service facilities may locate on a building that is legally
nonconforming with respect to height, provided that the facilities
do not project above the existing building height.
(b)
Height, ground-mounted facilities. Ground-mounted
personal wireless service facilities shall not project higher than
ten feet above the average building height or, if there are no buildings
within 300 feet, these facilities shall not project higher than ten
feet above the average tree canopy height, measured from ground level
(AGL). If there are no buildings within 300 feet of the proposed site
of the facility, all ground-mounted personal wireless service facilities
shall be surrounded by dense tree growth to screen views of the facility
in all directions. These trees may be existing on the subject property
or planted on site.
(c)
Height, side- and roof-mounted facilities. Side-
and roof-mounted personal wireless service facilities shall not project
more than ten feet above the height of an existing building nor project
more than ten feet above the height limit of the zoning district within
which the facility is located. Personal wireless service facilities
may locate on a building that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building height.
(d)
Height, existing structures. New antennas located
on any of the following structures existing on the effective date
of this bylaw shall be exempt from the height restrictions of this
bylaw provided that there is no increase in height of the existing
structure as a result of the installation of a personal wireless service
facility: water towers, guyed towers, lattice towers, fire towers
and monopoles.
(e)
Height, existing structures (utility). New antennas
located on any of the following existing structures shall be exempt
from the height restrictions of this bylaw provided that there is
no more than a twenty-foot increase in the height of the existing
structure as a result of installation of a personal wireless service
facility: electric transmission and distribution towers, telephone
poles and similar existing utility structures. This exemption shall
not apply in the Historic District.
(f)
Height, wireless facility overlay districts.
Where the town establishes wireless facility overlay districts (as
designated on the Town Zoning Map), personal wireless service facilities
of up to 130 feet in height may be permitted by special permit. Monopoles
are the preferred type of mount for such taller structures. Such structures
shall comply with all setback and special permit regulations set forth
in this bylaw.
(g)
Setbacks. All personal wireless service facilities
and their equipment shelters shall comply with the building setback
provisions of the zoning district in which the facility is located.
In addition, the following setbacks shall be observed:
[1]
In order to ensure public safety, the minimum
distance from the base of any ground-mounted personal wireless service
facility to any property line, road, habitable dwelling, business
or institutional use, or public recreational area shall be the height
of the facility/mount, including any antennas or other appurtenances.
This setback is considered a "fall zone."
[2]
In the event that an existing structure is proposed as a mount for a personal wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of pre-existing nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities, except as provided in Subsection C(3)(h) below.
(h)
Flexibility. In reviewing a special permit application
for a personal wireless service facility, the Community Planning Commission
may reduce the required fall zone and/or setback distance of the zoning
district by as much as 50% of the required distance, if it finds that
a substantially better design will result from such reduction. In
making such a finding, the Community Planning Commission shall consider
both the visual and safety impacts of the proposed use.
D.
Performance standards. All personal wireless service
facilities shall comply with the performance standards set forth in
this section.
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
(1)
Design standards.
(a)
Visibility/camouflage. Personal wireless service
facilities shall be camouflaged as follows.
[1]
Camouflage by existing buildings or structures:
[a]
When a personal wireless service
facility extends above the roof height of a building on which it is
mounted, every effort shall be made to conceal the facility within
or behind existing architectural features to limit its visibility
from public ways. Facilities mounted on a roof shall be stepped back
from the front facade in order to limit their impact on the building's
silhouette.
[b]
Personal wireless service facilities
which are side-mounted shall blend with the existing building's architecture
and, if over 5 square feet, shall be painted or shielded with material
which is consistent with the design features and materials of the
building.
[2]
Camouflage by vegetation: If personal wireless
service facilities are not camouflaged from public viewing areas by
existing buildings or structures, they shall be surrounded by buffers
of dense tree growth and understory vegetation in all directions to
create an effective year-round visual buffer. Ground-mounted personal
wireless service facilities shall provide a vegetated buffer of sufficient
height and depth to effectively screen the facility. Trees and vegetation
may be existing on the subject property or installed as part of the
proposed facility or a combination of both. The Community Planning
Commission shall determine the types of trees and plant materials
and depth of the needed buffer based site conditions.
[3]
Color:
[a]
Personal wireless service facilities
which are side-mounted on buildings shall be painted or constructed
of materials to match the color of the building material directly
behind them.
[b]
To the extent that any personal
wireless service facilities extend above the height of the vegetation
immediately surrounding it, they shall be painted in a light gray
or light blue hue which blends with sky and clouds.
(b)
Equipment shelters. Equipment shelters for personal
wireless service facilities shall be designed consistent with one
of the following design standards:
[1]
Equipment shelters shall be located in underground
vaults; or
[2]
Equipment shelters shall be designed consistent
with traditional New England architectural styles and materials, with
a roof pitch of a least 10/12 and wood clapboard or shingle siding;
or
[3]
Equipment shelters shall be camouflaged behind
an effective year-round landscape buffer, equal to the height of the
proposed building and/or wooden fence. The Community Planning Commission
shall determine the style of fencing and/or landscape buffer that
is compatible with the neighborhood.
(c)
Lighting and signage.
[1]
Personal wireless service facilities shall be
lighted only if required by the Federal Aviation Administration (FAA).
Lighting of equipment structures and any other facilities on site
shall be shielded from abutting properties. There shall be total cutoff
of all light at the property lines of the parcel to be developed,
and footcandle measurements at the property line shall be 0.0 initial
footcandles when measured at grade.
[2]
Signs shall be limited to those needed to identify
the property and the owner and warn of any danger. All signs shall
comply with the requirements of the Town's sign regulations.
[3]
All ground-mounted personal wireless service
facilities shall be surrounded by a security barrier.
(d)
Historic buildings and districts.
[1]
Any personal wireless service facilities located
on or within an historic structure shall not alter the character-defining
features, distinctive construction methods, or original historic materials
of the building.
[2]
Any alteration made to an historic structure
to accommodate a personal wireless service facility shall be fully
reversible.
[3]
Personal wireless service facilities within
the Historic District shall be concealed within or behind existing
architectural features, or shall be located so that they are not visible
from public roads and viewing areas within the district.
(e)
Scenic landscape and vistas.
[1]
Personal wireless service facilities shall not
be located within open areas that are visible from public roads, recreational
areas or residential development. As required in the camouflage section
above, all ground-mounted personal wireless service facilities which
are not camouflaged by existing buildings or structures shall be surrounded
by a buffer of dense tree growth.
[2]
Any personal wireless service facility that
is located within 300 feet of a scenic vista, scenic landscape or
scenic road as designated by the town shall not exceed the height
of vegetation at the proposed location. If the facility is located
farther than 300 feet from the scenic vista, scenic landscape or scenic
road, the height regulations described elsewhere in this bylaw will
apply.
(2)
Environmental standards.
(a)
Personal wireless service facilities shall not
be located in wetlands. Locating of wireless facilities in wetland
buffer areas shall be avoided whenever possible and disturbance to
wetland buffer areas shall be minimized.
(b)
No hazardous waste shall be discharged on the
site of any personal wireless service facility. If any hazardous materials
are to be used on site, there shall be provisions for full containment
of such materials. An enclosed containment area shall be provided
with a sealed floor, designed to contain at least 110% of the volume
of the hazardous materials stored or used on the site.
(c)
Stormwater runoff shall be contained on site.
(d)
Ground-mounted equipment for wireless service
facilities shall not generate noise in excess of 50 dB at the property
line.
[Amended 10-4-2010 OTM by Art. 18, approved 11-17-2010]
(e)
Roof-mounted or side-mounted equipment for personal
wireless service facilities shall not generate noise in excess of
50 db at ground level at the base of the building closest to the antenna.
(3)
Safety standards.
(a)
Radiofrequency radiation (RFR) standards. All
equipment proposed for a personal wireless service facility shall
be authorized per the FCC Guidelines for Evaluating the Environmental
Effects of Radiofrequency Radiation (FCC Guidelines).
(4)
Alternative technologies. All applications for personal
wireless facilities shall provide documentation which demonstrates
to the satisfaction of the Community Planning Commission that all
alternatives to the proposed construction have been explored and the
reasons for their rejection. Cost shall not be considered a satisfactory
reason.
E.
Application procedures.
(1)
Special permit granting authority (SPGA). The special
permit granting authority (SPGA) for personal wireless service facilities
shall be the Community Planning Commission.
(1.1)
In the case of facilities for which an approval may not be denied under the TCA, as amended, a building permit application shall be made to the Building Inspector who shall refer the application to the Community Planning Commission for review and recommendations. To the extent feasible, such proposed facilities should comply with Subsection D, Performance standards.
[Added 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
(2)
Application filing requirements. The following shall
be included with an application for a special permit for all personal
wireless service facilities:
(a)
General filing requirements.
[1]
Name, address and telephone number of applicant
and any co-applicants as well as any agents for the applicant or co-applicants.
[2]
Co-applicants shall include the landowner of
the subject property, licensed carriers and tenants for the personal
wireless service facility.
[3]
A licensed carrier shall either be an applicant
or a co-applicant.
[4]
Original signatures for the applicant and all
co-applicants applying for the special permit. If the applicant or
co-applicant will be represented by an agent, original signature authorizing
the agent to represent the applicant and/or co-applicant. Photoreproductions
of signatures will not be accepted.
(b)
Location filing requirements.
[1]
Identify the subject property by including the
Town as well as the name of the locality, name of the nearest road
or roads, and street address, if any.
[2]
Tax map and parcel number of subject property.
[3]
Zoning district designation for the subject
parcel (submit copy of Town Zoning Map with parcel identified).
[4]
A plan stamped by a registered licensed surveyor
showing the lot lines of the subject property and all properties within
300 feet and the location of all buildings, including accessory structures,
on all properties shown.
[5]
A Town-wide map showing all other existing personal
wireless service facilities in the Town and outside the Town within
one mile of its corporate limits.
[6]
The proposed locations of all existing and future
personal wireless service facilities in the Town on a Town-wide map
for this carrier.
(c)
Siting filing requirements. A one-inch-equals-40
feet vicinity plan showing the following:
[1]
Property lines for the subject property.
[2]
Property lines of all properties adjacent to
the subject property within 300 feet.
[3]
Tree cover on the subject property and adjacent
properties within 300 feet, by dominant species and average height,
as measured by or available from a verifiable source.
[4]
Outline of all existing buildings, including
purpose (e.g. residential buildings, garages, accessory structures,
etc.) on subject property and all adjacent properties within 300 feet.
[5]
Proposed location of antenna, mount and equipment
shelter(s).
[6]
Proposed security barrier, indicating type and
extent as well as point of controlled entry.
[7]
Location of all roads, public and private, on
the subject property and on all adjacent properties within 300 feet
including driveways proposed to serve the personal wireless service
facility.
[8]
Distances, at grade, from the proposed personal
wireless service facility to each building on the vicinity plan.
[9]
Contours at each two feet AMSL for the subject
property and adjacent properties within 300 feet.
[10]
All proposed changes to the existing
property, including grading, vegetation removal and temporary or permanent
roads and driveways.
[11]
Representations, dimensioned and
to scale, of the proposed mount, antennas, equipment shelters, cable
runs, parking areas and any other construction or development attendant
to the personal wireless service facility.
[12]
Lines representing the sight line
showing view-point (point from which view is taken) and visible point
(point being viewed) from sight lines subsection below.
[a]
Sight lines and photographs as
described below:
[i]
Sight line representation. A sight
line representation shall be drawn from any public road within 300
feet and the closest facade of each residential building (viewpoint)
within 300 feet to the highest point (visible point) of the personal
wireless service facility. Each sight line shall be depicted in profile,
drawn at one inch equals 40 feet. The profiles shall show all intervening
tree and buildings. In the event there is only one (or more) residential
building within 300 feet there shall be at least two sight lines from
the closest habitable structures or public roads, if any.
[ii]
Existing (before condition) photographs.
Each sight line shall be illustrated by one four-inch by six-inch
color photograph of what can currently be seen from any public road
within 300 feet.
[iii]
Proposed (after condition). Each
of the existing condition photographs shall have the proposed personal
wireless service facility superimposed on it to show what will be
seen from public roads if the proposed personal wireless service facility
is built.
[b]
Siting elevations, or views at-grade
from the north, south, east and west for a 50-foot radius around the
proposed personal wireless service facility plus from all existing
public and private roads that serve the subject property. Elevations
shall be at either one-quarter inch equals one foot or one-eighth
inch equals one foot scale and show the following:
[i]
Antennas, mounts and equipment
shelter(s), with total elevation dimensions and AGL of the highest
point.
[ii]
Security barrier. If the security
barrier will block views of the personal wireless service facility,
the barrier drawing shall be cut away to show the view behind the
barrier.
[iii]
Any and all structures on the
subject property.
[iv]
Existing trees and shrubs at current
height and proposed trees and shrubs at proposed height at time of
installation, with approximate elevations dimensioned.
[v]
Grade changes, or cuts and fills,
to be shown as original grade and new grade line, with two-foot contours
above mean sea level.
(d)
Design filing requirements.
[1]
Equipment brochures for the proposed personal
wireless service facility such as manufacturer's specifications or
trade journal reprints shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier,
if any.
[2]
Materials of the proposed personal wireless
service facility specified by generic type and specific treatment
(e.g., anodized aluminum, stained wood, painted fiberglass, etc.).
These shall be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if any.
[3]
Colors of the proposed personal wireless service
facility represented by a color board showing actual colors proposed.
Colors shall be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if any.
[4]
Dimensions of the personal wireless service
facility specified for all three directions, height, width and breadth.
These shall be provided for the antennas, mounts, equipment shelters
and security barrier, if any.
[5]
Appearance shown by at least two photographic
superimpositions of the personal wireless service facility within
the subject property. The photographic superimpositions shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any, for the total height, width and
breadth.
[6]
Landscape plan including existing trees and
shrubs and those proposed to be added, identified by size of specimen
at installation and species.
[7]
Within 21 days of filing an application for
a special permit, the applicant shall arrange for a balloon or crane
test at the proposed site to illustrate the height of the proposed
facility. The date, time, and location of such test shall be advertised
in a newspaper of general circulation in the Town at least 14 days,
but not more than 21 days prior to the test.
[8]
If lighting of the site is proposed, the applicant
shall submit a manufacturer's computer-generated point-to-point printout,
indicating the horizontal footcandle levels at grade, within the property
to be developed and twenty-five (25) feet beyond the property lines.
The printout shall indicate the locations and types of luminaires
proposed.
(e)
Noise filing requirements.
[1]
The applicant shall provide a statement listing
the existing and maximum future projected measurements of noise from
the proposed personal wireless service facilities, measured in decibels
Ldn (logarithmic scale, accounting for greater sensitivity at night),
for the following:
[2]
Such statement shall be certified and signed
by an acoustical engineer, stating that noise measurements are accurate
and meet the noise standards of this bylaw.
(f)
Intentionally left blank.
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
(g)
Federal environmental filing requirements.
[1]
The National Environmental Policy Act (NEPA) applies to certain applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
[2]
At the time of the application filing, an EA
that meets FCC requirements shall be submitted to the Town for each
personal wireless service facility site that requires such an EA to
be submitted to the FCC.
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
[3]
The applicant shall list location, type and
amount (including trace elements) of any materials proposed for use
within the personal wireless service facility that are considered
hazardous by the federal, state or local government.
[4]
The Community Planning Commission may waive
one or more of the application filing requirements of this section
if it finds that such information is not needed for a thorough review
of a proposed personal wireless service facility.
F.
Co-location.
(1)
Licensed carriers shall share personal wireless service
facilities and sites where feasible and appropriate, thereby reducing
the number of personal wireless service facilities that are stand-alone
facilities. All applicants for a special permit for a personal wireless
service facility shall demonstrate a good faith effort to co-locate
with other carriers. Such good faith effort includes:
(a)
A survey of all existing structures that may
be feasible sites for co-locating personal wireless service facilities;
(b)
Contact with all the other licensed carriers
for commercial mobile radio services operating in the county; and
(c)
Sharing information necessary to determine if
co-location is feasible under the design configuration most accommodating
to co-location.
(2)
In the event that co-location is found to be not feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Town. The Town may retain a technical expert in the
field of RF engineering to verify if co-location at the site is not
feasible or is feasible given the design configuration most accommodating
to co-location. The cost for such a technical expert will be at the
expense of the applicant. The Town may deny a special permit to an
applicant that has not demonstrated a good faith effort to provide
for co-location.
(3)
If the applicant does intend to co-locate or to permit
co-location, the Town shall request drawings and studies which show
the ultimate appearance and operation of the personal wireless service
facility at full build-out unless the facility may not be denied under
the TCA, as amended.
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
(4)
If the Community Planning Commission approves co-location
for a personal wireless service facility site, the special permit
shall indicate how many facilities of what type shall be permitted
on that site. Facilities specified in the special permit approval
shall require no further zoning approval. However, the addition of
any facilities not specified in the approved special permit shall
require a new special permit and site plan approval, unless such addition
may not be denied under the TCA, as amended, in which case the provisions
of Subsection E(1.1) shall be applicable.
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
G.
Modifications. A modification of a personal wireless
service facility may be considered equivalent to an application for
a new personal wireless service facility and will require a special
permit and site plan approval when the following events apply:
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
(1)
The applicant and/or co-applicant wants to alter the
terms of the special permit by changing the personal wireless service
facility in one or more of the following ways:
(a)
Change in the number of facilities or structures
permitted on the site, if such change substantially changes the physical
dimensions of the existing tower or base station, as provided in the
TCA, as amended;
(b)
Change in technology used for the personal wireless
service facility, if such change substantially changes the physical
dimensions of the existing tower or base station, as provided in the
TCA, as amended.
(2)
The applicant and/or co-applicant wants to add any
equipment or additional height not specified in the original design
filing, if such change substantially changes the physical dimensions
of the existing tower or base station, as provided in the TCA, as
amended.
H.
Monitoring and maintenance.
(3)
The applicant and co-applicant shall maintain the
personal wireless service facility in good condition. Such maintenance
shall include, but shall not be limited to, painting, structural integrity
of the mount and security barrier, and maintenance of the buffer areas
and landscaping. Failure to do so shall constitute a violation of
the conditions of the special permit and shall be grounds for enforcement
actions.
I.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon
or discontinue operation of a personal wireless service facility,
such carrier will notify the Town by certified U.S. mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the personal wireless service facility shall be considered
abandoned upon such discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the carrier
shall physically remove the personal wireless service facility within
90 days from the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters
and security barriers from the subject property.
(b)
Proper disposal of the waste materials from
the site in accordance with local and state solid waste disposal regulations.
(c)
Restoring the location of the personal wireless
service facility to its natural condition, except that any landscaping
and grading shall remain in the after-condition.
(3)
If a carrier fails to remove a personal wireless service
facility in accordance with this section of this bylaw, the town shall
have the authority to enter the subject property and physically remove
the facility. The Community Planning Commission may require the applicant
to post a bond at the time of construction to cover costs for the
removal of the personal wireless service facility in the event the
Town must remove the facility.
J.
Reconstruction or replacement of existing towers and
monopoles. Guyed towers, lattice towers, utility towers and monopoles
in existence at the time of adoption of this bylaw may be reconstructed,
altered, extended or replaced on the same site by special permit,
provided that the Community Planning Commission finds that such reconstruction,
alteration, extension or replacement will not be substantially more
detrimental to the neighborhood and/or the Town than the existing
structure; unless such reconstruction or replacement may not be denied
under the TCA, as amended, in which case, the reconstruction or replacement
shall be subject to Subsection E(1.1). In making such a determination,
the Community Planning Commission shall consider whether the proposed
reconstruction, alteration, extension or replacement will create public
benefits such as opportunities for co-location, improvements in public
safety, and/or reduction in visual and environmental impacts. No reconstruction,
alteration, extension or replacement shall exceed the height of the
existing facility by more than twenty (20) feet without obtaining
a new special permit from the Community Planning Commission.
[Amended 10-6-2014 OTM
by Art. 19, approved 1-20-2015]
K.
Term of special permit. A special permit issued for
any personal wireless service facility over fifty (50) feet in height
shall be valid for fifteen (15) years. At the end of that time period,
the personal wireless service facility shall be removed by the carrier
or a new special permit shall be required.
[Added 6-5-2021 ATM by Art. 29, approved 9-29-2021]
A.
Purpose and intent. The purpose and intent of this bylaw section
is to permit regulation of the installation of small wireless facilities
outside of rights-of-way so as to preserve the aesthetic character
of the Town; to safeguard public safety, health and welfare; and to
protect against intangible public harm resulting from unsightly or
out-of-character deployments.
B.
SMALL WIRELESS FACILITY
Definition. As used in this section, the following terms shall have
the meanings indicated:
A small wireless facility as defined in 47 CFR 1.6002. For purposes of this Zoning Bylaw, a small wireless facility is not considered a personal wireless service facility subject to regulation under § 200-46.
C.
Small wireless facilities located outside public rights-of-way.
(1)
Small wireless facilities may be located on any lot subject to the requirements of this § 200-46.1.
(2)
No small wireless facility shall be placed, installed, constructed or modified without first obtaining site plan approval pursuant to this section from the Community Planning Commission. Article XVII of the Zoning Bylaw shall not apply to site plan applications for small wireless facilities.
(3)
A site plan approval issued by the Community Planning Commission
shall require an affirmative three-fifths vote.
(4)
The Community Planning Commission shall adopt and may from time to time amend policies, rules and regulations relative to site plan approval under this § 200-46.1. A copy of the policies, rules and regulations shall be kept on file with the Town Clerk and may apply to and set forth the following:
(a)
The application process, including public hearing requirements,
evaluation criteria and timing for action by the Community Planning
Commission;
(b)
The form and contents of the application and application fee;
(c)
Applicable design, siting and aesthetic criteria; and
(d)
Requirements for modification, abandonment and annual recertification.
