[HISTORY: Adopted by the City Council of the City of Melrose 3-21-2022 by Ordinance 2022-2. Amendments noted where applicable.]
Public demand for consistent wireless communication service is being met by service providers in some locations by the use of small cell wireless antennas. Therefore, in order to balance public interests between demand for reliable wireless service and public concerns regarding the installation of this technology, this chapter is intended to provide a uniform and comprehensive set of standards and requirements for permitting, developing, siting, installing, designing, operating, and maintaining small wireless facilities in the public rights-of-way within the city's jurisdiction. This section applies to the facility, mounting, placement, and operation of small wireless facilities within the public rights-of-way regardless of the type, owner, structure, strand, or wire to which they are affixed or attached.
As used in this chapter, the following terms shall be defined as follows:
ABANDONED
The cessation of use of a small wireless facility.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency signals from a fixed location pursuant to the Federal Communications Commission authorization, for the provision of wireless service. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, antenna designed for amateur radio use, or satellite dish for residential or household purposes.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located on a structure, is mounted or installed in conjunction with the installation of such antenna.
APPLICANT
Any person who submits an application under this chapter and is, or is acting on behalf of, a wireless services provider or wireless infrastructure provider.
CO-LOCATE
Mount or install an antenna on an existing structure containing other equipment, or modify a structure for the purpose of mounting or installing an antenna. "Co-location" has a corresponding meaning.
DESIGN STANDARDS
Standards promulgated for installation of a small wireless facility, in accordance with applicable Federal Communications Commission rules and regulations, that are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and objective and published in advance.
RIGHTS-OF-WAY or ROW
The area on, below, or above a public utility easement, roadway, highway, street, sidewalk, alley, or similar property, but not including a federal interstate highway.
SMALL WIRELESS FACILITY
A facility that meets each of the following conditions:
A. 
The facility is mounted on a structure 50 feet or less in height including the antenna, or is mounted on a structure no more than 10% taller than other adjacent structures, or does not extend the existing structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater;
B. 
The antenna, excluding associated antenna equipment, is no more than three cubic feet in volume;
C. 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume;
D. 
The facility does not require antenna structure registration;
E. 
The facility is not located on tribal lands; and
F. 
The facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
STRUCTURE
A pole, tower, base station, or other building, whether not it has an existing antenna facility, that is used or to be used for the provision of wireless service.
WIRELESS PROVIDER
Any individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, authorized to provide communications service in the state, that builds or installs wireless communication transmission equipment and/or small wireless facilities, or that subcontracts the building of such facilities, or provides to the public wireless services using radio frequency signals.
No wireless provider shall place, construct, erect, modify, mount, attach, operate or maintain a small wireless facility in the rights-of-way in the city without first obtaining a permit from the City Engineer.
A. 
All applications for a small wireless facility shall be submitted to the City Clerk in accordance with policies and procedures set forth by the city on the webpage for the City Clerk.
B. 
Applicants shall submit applications accompanied by a fee of $100 per application, payable to the "City of Melrose." Each application for more than five installations is subject to a separate fee of $100 per installation after the first five installations. The amounts due under this section may be revised by the Council from time to time, consistent with applicable law.
C. 
Applicants shall provide notice by first-class mail to all other wireless providers, within the applicant's knowledge after reasonable inquiry to the City, who use or may request use of the public right of way for communications services within 500 feet of the proposed location(s). Such notice shall inform recipients of the applicant's application, including specifying the intended placement of the small wireless facility, and any excavation(s) of the public way contemplated by the work. Proof of mailing of such notice shall be provided within three business days of application submission, and may be provided by submission of an affidavit to the City Clerk. Note that any excavation beyond three feet from the original facility requires a separate grant of location from the City Council.
D. 
Upon receipt, the City Engineer will make a determination as to the completeness of the application and notify the applicant, in writing within 10 days, if the application is incomplete in accordance with the submission requirements as referenced herein below. If incomplete, the City Engineer will specify the information needs and the relevant policy or ordinance provisions or requirements.
E. 
If the applicant is notified the application is incomplete, the time periods set forth herein shall be tolled until such time as the City is in receipt of a complete application from the applicant. In the event an application remains incomplete 45 days after any notice that the application is incomplete and the applicant has not responded, such application shall be deemed denied without prejudice, and will need to be resubmitted in full.
F. 
If the application is deemed complete, the application shall then be circulated by the City Clerk to the Ward Councilor for the ward in which the proposed small wireless facility will be installed.
G. 
Applicants shall obtain a certified abutters list and notify all property owners within 500 feet of the proposed installation by certified mail within five days of determination of a complete application submission to the City. Proof of all certified mail receipts shall be provided to the City Engineer as they become readily available.
H. 
Applicants shall post conspicuous signs of pending applications at proposed sites within 10 days of determination of a complete submission of any application to the City.
I. 
Written comments from the Ward Councilor, if any, shall be submitted to the City Engineer within 30 days of receipt of the application.
J. 
Any material changes to an application that must be made to meet the City's design standards, as determined by the City Engineer in his/her sole discretion, shall constitute a new application for the purposes of the time standards. Where a changed or new application is submitted, the prior application shall be deemed withdrawn.
K. 
Once the application is deemed complete, and all comments have been received, the City Engineer shall issue a determination. This will occur within 60 days of an application submission.
L. 
The City Engineer may grant, grant with conditions, or deny the application for a permit under this chapter. Applications may be approved if they comply with all applicable City requirements as set forth herein, or if their approval is otherwise consistent with applicable law. A denial by the City may be based on criteria which include but are not limited to any of the following:
(1) 
Failure to meet the requirements of the application process and the content of applications as specified in this chapter;
(2) 
Failure to meet the design standards and installation requirements set forth in this chapter, unless the applicant can demonstrate that such design standards are not technically feasible for that particular installation or that there is no reasonable alternative;
(3) 
Failure of the applicant to comply with all applicable state and federal laws, rules, regulations, or other requirements;
(4) 
Any other legally valid reason to deny such application.
M. 
Any approval granted to an applicant shall be only for the specific applicant and application submitted, including location of all proposed installations.
N. 
The City is permitted to hire an RF engineer to conduct random, unannounced RF emission testing of any or all antenna installation(s) at the expense of the operator.
O. 
No approval granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way for delivery of telecommunications services or any other purpose.
Applications shall include the following information:
A. 
Applicant's name, address, telephone number and email address.
B. 
Names, addresses, telephone numbers, and email addresses of anyone acting on behalf of the applicant with respect to the application.
C. 
Detailed drawings and descriptions of the equipment to be installed including:
(1) 
Type of equipment.
(2) 
Specifications of equipment (including but not limited to dimensions and weight).
(3) 
Equipment mount type and material.
(4) 
Power source or sources for equipment, including necessary wires, cables and conduit.
(5) 
Expected life of equipment.
(6) 
Coverage area of equipment, including:
(a) 
Number of antennas.
(b) 
Antenna model.
(c) 
Antenna length.
(d) 
Antenna height.
(e) 
Typical coverage of area radius.
(7) 
Rendering and elevation of equipment.
(8) 
If installation requires new equipment mounted on the ground or a new pole to be erected, a prior grant of location approval from Melrose City Council is required. Proof of such approval shall be submitted at the time the application is filed.
(9) 
Existing conditions photographs including at least one showing the pole where the small wireless facility will be installed and the nearest residential structure.
(10) 
For all applications to locate small wireless facilities, the applicant shall provide photo simulations from at least two reasonable line-of-sight locations near the proposed project site. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic.
D. 
Detailed map with locations of the poles or other facility on which equipment is to be located, including specific pole identification number, if applicable, and the areas it will service.
E. 
Detailed map showing existing and proposed small cell installations within 500 feet of the application site.
F. 
Certification by a registered professional engineer that the pole/location will safely support the proposed equipment, including how it will affect the integrity of the pole for public safety concerns.
G. 
Written consent of the pole or facility owner for the installation.
H. 
Affidavit of a radio frequency engineer or radio frequency safety officer with Massachusetts experience that demonstrates that the resulting radio frequency emission levels from equipment installation at the proposed location(s) comply with the Federal Communication Commission's radio frequency (RF) emissions regulations as well as any Commonwealth of Massachusetts health and safety standards at the street level and at the closest point of the nearest occupied building. RF radiation emission limits apply to the aggregate emissions of all collocated equipment not just emissions of single antennas. Should emissions exceed FCC guidelines, all antennas must be turned off until the aggregate emissions are lowered to acceptable limits.
I. 
Insurance certificates with the following minimum coverages: general liability insurance (without a pollution exclusion) in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; worker's compensation insurance not less than the amount of $100,000 per accident and $500,000 per illness or the statutorily required amount, whichever is greater; and umbrella insurance in an amount not less than $5,000,000. The City must be an additionally named insured, and such policies shall indicate that the insurance company shall provide 30 business days' prior written notice to the City of lapse or cancellation. All insurance carriers shall carry an A.M. Best rating of "A-" or better. Such insurance shall provide for the waiver by the insurance carrier of any subrogation rights against City, its agents, servants and employees.
J. 
Description as to why the desired location is superior to other similar locations from a community perspective, including:
(1) 
Visual aspects.
(2) 
Proximity to residential dwellings, schools, parks or playgrounds.
(3) 
Documented effort to place antennas in nonresidential areas, away from schools and daycare centers, and proof that such alternate sites will not result in adequate coverage.
K. 
Description of efforts to co-locate the equipment on existing structures, poles or towers which currently exist or are under construction. A good faith effort to co-locate is required and evidence of such efforts must be included within the application. Any installations that would require a new pole require a grant of location approval from the City Council prior to submitting a small cell application.
L. 
An affidavit from the applicant which certifies that it will maintain the installations in good repair and according to FCC standards, and remove any installation not in such good repair, or not in use, within 30 days of being no longer in good repair or 90 days of being no longer in use.
M. 
A written analysis indicating that the installation and location of the equipment will not interfere with the operation of the existing pole or its primary uses, or with any public safety or public works radio transmissions. This analysis shall include certification that the proposed facilities will not cause interference to any lawfully operating emergency communication system, television, telephone, or radio in the surrounding area.
N. 
A written plan indicating the protocol for turning off wireless facilities when utility workers are present on poles, in order to limit their exposure to radio frequency emissions. The plan should also include a description of any warning signs that will be posted to alert utility workers to radio frequency exposure.
O. 
A written plan indicating the response protocol to be implemented in the event that the equipment is damaged by a weather related event or due to an accident.
P. 
A statement indicating whether a waiver is being requested from any of the applicable design standards and installation requirements as set by the City. If so, the applicant shall identify from what particular standard a waiver is being requested, and any request for a waiver must contain information detailing how the applicable standard is not technically feasible, why there is no reasonable alternative, and/or that requiring the applicant to meet the standard would constitute an effective prohibition.
All small wireless facilities must be constructed, installed, and operated in accordance with the plans and specifications included in the application and the following design standards and installation requirements:
A. 
Cables, wires, connectors: All cables, wires and connectors related to the small wireless facility must be fully concealed on the wireless support structure and shall match the color of the wireless support structure. There shall be no external cables and wires related to the small wireless facility hanging off or otherwise exposed on the wireless support structure.
B. 
Signage: The small cell wireless facility permittee shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the small wireless facility that is visible to the public. Signage required under this section shall not exceed four inches by six inches, unless otherwise required by law (e.g., radiofrequency (RF) ground notification signs) or the City.
C. 
Lights: New small cell wireless facilities and wireless support structures shall not be illuminated, except in accord with state or federal regulations.
D. 
Logos/decals: The small wireless facility operator/permittee shall place the RF warning sticker required by government or electric utility regulations as close to the antenna as possible.
E. 
Cooling fans: The small cell wireless facility operator/permittee shall use a passive cooling system. In the event that a fan is needed, the small cell wireless facility operator/permittee shall use a cooling fan with a low noise profile. In any event, all small wireless facilities shall comply with current requirements of the City of Melrose Zoning and Noise ordinances.[1]
[1]
Editor's Note: See Ch. 164, Noise, and Ch. 235, Zoning.
F. 
All small wireless facilities shall be installed in accordance with the applicable codes in force at the time of installation.
G. 
Antenna shall be placed no less than 20 feet from a residence's window, door opening, porch or balcony unless a waiver is granted specific to this requirement.
H. 
No installation shall be placed where, in the determination of the City, it would limit the city's ability to plant future street trees based upon any existing city standards or guidelines for planting of street trees.
I. 
Pole-mounted equipment heights to the bottom of the antenna and all ancillary cabinets and equipment shall be no less than 12 feet above the sidewalk elevation.
J. 
Where conditions do not permit a top-mounted antenna, the antenna may be side-mounted with a minimum height of 15 feet above the sidewalk elevation.
K. 
The city reserves the right to reasonably require, in its sole discretion, a supplemental review by independent experts of any application for a small wireless facility under this section. All reasonable costs of such review shall be borne by the applicant, in addition to scheduled fees. Whether based on the results of the supplemental review or the city's own review, the city may require changes to or supplementation of the application.
L. 
Unless construction has actually begun and is diligently pursued to completion at that point, no permit for construction issued under this chapter shall be valid for more than 12 months unless the City Engineer and applicant agree to an extension and all required fees are paid for the term regardless of construction.
M. 
Routine maintenance shall not require submittal of a new application, although it shall require all necessary permits for work to be performed.
N. 
A wireless provider shall repair, at its sole cost and expense, any damage to city streets, sidewalks, curbs, gutters, trees, parkways, city poles or other property, utility lines and systems, or sewer or water systems or lines resulting from the collocation of a small wireless facility in the ROW or the installation of a pole in the ROW. The wireless provider shall restore such areas, structures and systems to substantially the same condition in which they existed prior to the damage. If the wireless provider fails to make the repairs within 60 days of notice of the damage, the city may effect those repairs and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
A. 
Each year on or before January 31, the wireless provider shall submit an affidavit to the City Engineer listing, by location, all small wireless installations it owns within the city and certifying which installations remain in use and remain covered by the applicant's insurance, which installations it has abandoned, and which installations are no longer in use.
B. 
Accompanying the annual affidavit referenced in Subsection A above, the wireless provider shall submit a $270 annual fee per small wireless facility in the rights-of-way in the City of Melrose.
C. 
If a wireless provider fails to make the payments required by the city at the time of the affidavit submission, the wireless provider's small wireless facilities shall be deemed abandoned and the city may, at its sole option, remove all or any portion of them, or take other action as authorized by law.
A. 
Removal. No less than 90 days following written notice from the city, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the city has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way. If the wireless provider fails to comply with the written notice, the city may perform the work and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
B. 
Abandonment. The City may require a wireless provider to remove a small wireless facility permitted hereunder within 90 days after the date that the facility ceases to be used unless the wireless provider gives the City reasonable evidence that it is diligently working to place the facility or pole back in service. Should the wireless provider fail to timely remove the small wireless facility or pole, the City may remove such facility and recover the actual, reasonable cost of such removal from the wireless provider.
C. 
The city retains the right to cut or move any small wireless facility located within the rights-of-way of the city in the event of an emergency, as the city may determine to be necessary, appropriate or useful in response to any imminent danger to public health, safety, or property. If circumstances permit, the city shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider promptly after cutting or removing a small wireless facility. If the city performs work under this section, it may recover the actual and reasonable expenses of doing so from the wireless provider, its successor or assigns. The wireless provider shall repair all damage to city property caused by the activities of the wireless provider and shall return the city property to its functional equivalence before the damage pursuant to competitively neutral, reasonable requirements and specifications.
Nothing in this chapter shall authorize a wireless provider to locate small wireless facilities on property owned by a private party, property that is not located within the public right-of-way, or a privately owned utility pole or wireless support structure within a right-of-way without the consent of the property owner.
The wireless provider shall comply with all applicable local ordinances, state and federal laws, including but not limited to the noise and zoning ordinances, as well as the Massachusetts building, plumbing and electrical codes, uniform building, fire electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, and the National Electric Code, National Electric Safety Code, any applicable environmental codes (e.g., Wetlands Protection Act and local bylaw), local, state, and federal regulations pertaining to historic districts and structures, and the rules, regulations, and provisions of the Federal Communications Commission, the Occupational Safety and Health Administration, and any other state or federal agency regulating wireless communications.
A. 
All wireless providers shall maintain at all times insurance with the following minimum coverages: General liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and umbrella insurance in an amount not less than $5,000,000. The city must be an additionally insured party. All insurance carriers shall carry an A.M. Best rating of "A-" or better. Such insurance shall provide for the waiver by the insurance carrier of any subrogation rights against the city, its agents, servants and employees.
B. 
To the fullest extent allowed by law, any wireless provider constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the city, and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from, said wireless provider's breach of any provision of law, including but not limited to the requirements of this chapter and applicable state and federal regulations, or any asserted negligent act, error or omission of the wireless provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. Each wireless provider's obligations under this provision shall not terminate with the expiration or termination of its permit, but shall survive it.
C. 
To the fullest extent allowed by law, any wireless provider issued a permit pursuant to this chapter shall indemnify, defend and hold harmless the City, and its officials, agents, and employees, attorneys and volunteers, from (i) any claim, action or proceeding brought against the City or its officers, employees, agents, or attorneys to attack, set aside, void, or annul any such approval of the City or (ii) a successful legal action brought against the City for loss of property value or other harm caused by the placement or operation of a small cell installation. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding whether incurred by the permittee, the City and/or the parties initiating or bringing such proceeding.