[Added 4-5-2000]
In order to conform to its responsibilities
under the Federal Telecommunications Act of 1996 in a manner consistent
with the protection of the health, safety and welfare of the public,
and the preservation of property values in the Town, this Zoning Bylaw
governs the establishment of new or altered personal wireless service
("PWS") facilities in the Town. For the purposes of this bylaw, the
term "personal wireless service" and "personal wireless service facility"
shall have the same meaning as in the Telecommunications Act of 1996,
47 U.S.C. § 332 (c)(7)(C).
From the effective date of this bylaw, no building
or special permit shall be issued for the placement, construction,
erection or modification of any structure to provide for PWS facilities
either as a principal use, or as an accessory use in the Town, except
in the Personal Wireless Service Overlay District (PWSOD) and in accordance
with the regulations set forth below.
There shall be one Personal Wireless Service
Overlay District. The Personal Wireless Service Overlay District shall
consist of the land designated on the Lancaster Assessor's Maps as:
|
Assessor's Map Number
|
Parcel
|
Location
|
|---|---|---|
|
5
|
32
|
Fort Pond Road
|
|
14
|
7
|
Lunenburg Road
|
|
26
|
2
|
Bolton Town Line
|
|
28
|
1
|
Brockelman Road
|
|
30
|
135A
|
Main Street
|
|
37
|
31
|
Winsor Road
|
|
38
|
137
|
Center Bridge Road
|
|
42
|
115
|
Mill Street Extension
|
|
43
|
1
|
Mill Street Extension
|
A.
The Board of Appeals may by special permit authorize
the placement, construction, erection or modification of a freestanding
PWS structure of up to 100 feet in height in the PWSOD; or a PWS structure
of up to 20 feet in height above the height of the building or other
structure on which it is mounted in the PWSOD, provided that the Board
of Appeals finds in its judgment, after soliciting and reviewing comments
from other Town boards, departments, agencies, and their staff, that
reasonable measures shall be taken or already have been taken to:
(1)
Mitigate against negative impacts on visual quality
affecting neighboring properties and street by incorporating reasonable
design, siting and screening methods; and
(2)
Protect against potential damage to neighboring properties
and streets from structural failure or collapse or damage from falling
ice.
B.
In making such findings, the Board of Appeals shall
consider the extent to which the proposed PWS structure together with
any related equipment (collectively the "PWS facility") meets the
following criteria:
(1)
The PWS structure shall be located such that if it
were to fall or collapse, it would fall or collapse entirely within
the boundaries of the parcel on which it is to be located;
(2)
The PWS facility shall be sited, designed and constructed
in such a manner that existing vegetation is preserved to the maximum
extent practicable;
(3)
Any fencing proposed shall be screened by a landscape
buffer of evergreen shrubs or trees planted along the exterior side
of the fence, with a mature height at least equivalent to the fence
height, and no such fencing shall be of razor wire or barbed wire;
(4)
Lighting shall be limited to that needed for emergencies
and/or as required by the FAA;
(5)
To the extent technologically feasible, all network
interconnections from the PWS facility shall be via land lines;
(6)
Lattice-style tower and PWS structures requiring three
or more legs and/or guy wires for support are prohibited;
(7)
In the PWSOD, the total height for freestanding PWS
structures, including attached accessories, shall not exceed 100 feet
in height as measured from the ground level at the base of the structure.
In the PWSOD, the height of a PWS structure mounted on a building
or other structure shall not exceed 20 feet in height above the ridge
line of the roof of the building on which it is mounted, or 20 feet
in height above the top of the structure on which it is mounted if
other than a building. In no event, however, shall the height of a
mounted PWS structure in the PWSOD exceed 100 feet as measured from
the ground level at the base of the building or other structure on
which it is mounted.
(8)
The PWS facility shall be designed to accommodate
co-location of multiple users to the extent technologically practicable
in order to reduce the number of PWS facilities located in the Town;
(9)
New PWS facilities will be considered only if existing
or already approved facilities cannot accommodate the equipment planned
for the new facility;
(10)
The applicant shall demonstrate that the proposed
technology is the safest and least obtrusive to the neighborhood landscape
currently available;
(11)
The PWS facility shall be sited and designed
in a manner, which minimizes its visibility from neighboring residences
and streets.
C.
The Board of Appeals may waive strict compliance with
any of the above-listed criteria, provided it determines that such
waiver would not derogate from the intent of these regulations, and
further provided that a waiver of compliance from the height limitations
of 100 feet may be granted by the Board of Appeals only if it is determined
by independent consultants hired by the Town that additional height
is required to provide service coverage within the Town of Lancaster.
In no case shall such height exceed 150 feet as measured from the
ground level of the PWS structure or from the ground level at the
base of the building or other structure on which the PWS structure
is mounted.
D.
Special permit application.
(1)
The special permit application shall include a site plan meeting the requirements of Article X, Environmental Controls, to the extent possible. In addition, the application shall include:
[Amended 5-5-2008 ATM by Art. 14]
(a)
A rendering, model or similar, to-scale representation,
accurately depicting the proposed facility within the context of the
site on which it is to be located and the surrounding areas;
(b)
A report or reports prepared by professional
engineers describing:
[1]
The technical, economic and other reasons for
the facility height, location and design;
[2]
The capacity of the facility, including the
number and types of transmitters and receivers it can accommodate
and the basis for the calculations of the capacity;
[3]
How the proposed facility complies with all
applicable Federal and State standards;
(c)
Written official statements of compliance with,
or exemption from, the regulations of all federal and state agencies
governing personal wireless facilities or uses, including but not
limited to the FAA, FCC, Massachusetts Aeronautics Commission, and
Massachusetts Department of Health.
(2)
The applicant shall pay the reasonable costs for the
Board of Appeals to have independent consultants review of the application
materials.
(3)
The applicant seeking a special permit for a PWS facility
shall provide a demonstration of the visual impact of the proposed
PWS structure by raising a balloon, or a temporary structure, on the
proposed site to the height of the proposed structure for such time
as the Board of Appeals determines to be necessary.
(4)
Special permits authorized under this section shall
be renewed every two years provided the special permit holder has
filed an annual certification demonstrating continuing compliance
with the special permit and applicable federal and state regulatory
requirements.
(5)
Any parts of the PWS facility which have not been
used for one year shall be dismantled and removed at the owner's expense.
The Board of Appeals may, as a condition of any special permit or
renewal granted under this section, require the applicant or special
permit holder to post a bond or other financial security with the
Town Treasurer in an amount deemed sufficient to cover demolition
and removal of the facilities in the event of discontinuance of use.
