[Added 3-2-1998 by TOR-97-13]
The purposes of this article are to:
A.
Preserve the character and appearance of the community
while simultaneously allowing adequate personal wireless services
to be developed;
B.
Protect the scenic, historic, environmental and natural
or man-made resources of the community;
C.
Provide standards and requirements for the regulation,
placement, construction,, monitoring, design, modification and removal
of personal wireless service facilities and towers;
D.
Provide a procedural basis for action within a reasonable
period of time for requests for authorization to place, construct,
operate or modify personal wireless service facilities and towers;
E.
Preserve property values;
F.
Locate towers so that they do not have negative impacts,
such as, but not limited to, visual blight, attractive nuisance, noise
and falling objects, on the general safety, welfare and quality of
life of the community;
G.
Require owners of personal wireless service facilities
and towers to configure them so as to minimize and mitigate the adverse
visual impact of the facilities and towers; and
H.
Require the clustering and camouflaging of personal
wireless service facilities and towers.
[Amended 10-7-2019 by Ord. No. TOR-2019-6]
This article is intended to be consistent with
the Telecommunications Act of 1996 and Section 6409 of the Federal
Taxpayers Relief Act of 2012, in that:
A.
It does not prohibit or have the effect of prohibiting
the provision of personal wireless services;
B.
It is not intended to be used to unreasonably discriminate
among providers of functionally equivalent personal wireless services;
and
C.
It does not regulate personal wireless services on
the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
[Amended 11-7-2012 by TOR-2012-3; 10-7-2019 by Ord. No. TOR-2019-6]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The Telecommunications Act of 1996 and Section 6409 of the
Federal Taxpayers Relief Act of 2012.
A.
This article specifically exempts the following wireless
telecommunications facilities:
(1)
Police;
(2)
Fire;
(3)
Ambulance and other emergency dispatch;
(4)
Citizens band radio; and
(5)
Amateur radio equipment and towers used in accordance
with the terms of any amateur radio service license issued by the
FCC, provided that the tower is not used or licensed for any commercial
purpose and the tower shall be removed upon loss or termination of
said FCC license.
B.
No personal wireless service facility shall be considered
exempt from this article for any reason whether or not said facility
is proposed to share a tower or other structure with such exempt uses.
A.
Purpose. The Wireless Telecommunications Overlay District
(WTOD) is intended to protect the scenic, historic, natural and other
resources of the Town of Agawam while allowing adequate personal wireless
telecommunications to be developed. Towers shall be located only within
Wireless Telecommunications Overlay District(s) within the Town of
Agawam by special permit. Wireless telecommunications facilities mounted
on top of an existing building (roof-mounted), mounted adjacent to
the side or rear of an existing building (side-mounted) or mounted
to the facade of an existing building (facade-mounted) may be located
within these district(s), but are also allowed in the rest of the
Town by special permit.
B.
Description. This district includes the properties
listed below. These properties are included by reason of their potential
to provide technically feasible and accessible locations for the siting
of facilities which can provide adequate personal wireless telecommunications
services to the Town of Agawam. The Overlay District is defined, delineated
and mapped on the map entitled "Wireless Telecommunications Overlay
District Map, Town of Agawam MA," which is incorporated herein by
reference.[1]
[Amended 10-6-2014 by TOR-2014-6]
|
Property Name
|
Assessor's Map, Block and Lot
| |
|---|---|---|
|
Bondi's Island
|
N15-1-1
| |
|
N14-1-1
| ||
|
Riverside Park
|
K3-3-1
| |
|
Crestview Country Club
|
H3-1-21
| |
|
H3-1-24
| ||
|
H3-1-19
| ||
|
H3-1-22
| ||
|
G2-1-1
| ||
|
Oak Ridge Country Club
|
E2-1-6
| |
|
St. Anne Golf Course
|
F6-1-1
| |
|
Agawam Municipal Golf Course
|
D10-1-6
| |
|
Adams TV of Springfield
|
B14-1-4
| |
|
B14-1-3
| ||
|
B14-1-5
| ||
|
Agawam Regional Industrial Park
|
G7-1-3
| |
|
G7-1-4
| ||
|
G7-2-6
| ||
|
G6-1-1
| ||
|
F6-2-2
| ||
|
G7-3-1
| ||
|
G6-3-6
| ||
|
G7-1-8
| ||
|
H7-2-4
| ||
|
G6-1-7
| ||
|
H7-2-3
| ||
|
G6-1-3
| ||
|
G7-2-2
| ||
|
G6-1-8
| ||
|
G6-1-4
| ||
|
G5-6-1
| ||
|
H7-2-2
| ||
|
F7-2-2
| ||
|
G5-6-2
| ||
|
G5-6-3
| ||
|
G6-3-4
| ||
|
H8-1-1
| ||
|
G7-2-3
| ||
|
G6-3-5
| ||
|
H8-1-1
| ||
|
G8-1-14
| ||
|
G7-1-1
| ||
|
G7-1-2
| ||
|
G7-2-1
| ||
|
Western Massachusetts Electric
|
H5-1-5
| |
|
H5-1-6
| ||
|
H5-1-1
| ||
|
H6-1-1
| ||
|
H6-1-17
| ||
|
H6-1-18
| ||
|
I4-1-9
| ||
|
I5-1-11
| ||
|
I5-1-12
| ||
|
Agawam Methodist Church
|
H10-2-17
|
[1]
Editor's Note: A copy of said map is on file
in the office of the Town Clerk and may be examined there during regular
business hours.
C.
Relation to other districts. The WTOD is an overlay
district mapped over other districts. It modifies and, where there
is inconsistency, supersedes the regulations of such other districts.
Except as so modified or superseded, the regulations of the underlying
districts remain in effect.
D.
Applicability. Any use of lands within the WTOD for
purposes of placement, construction, modification or removal of personal
wireless service facilities and/or towers shall be subject to the
requirements of this article.
A.
Upon submission of an application for any special
permit under this article, the applicant shall pay a review fee determined
by the SPGA, consisting of reasonable costs to be incurred by the
SPGA for the employment of independent consultants. These consultants
shall each be qualified professionals with a record of service to
municipalities in one or more of the following:
B.
The SPGA shall select the independent consultant(s)
after consultation with the Board of Health and the Conservation Commission
and the Department of Public Works, each of which shall propose a
list of qualified candidates.
[Added 11-5-2014 by TOR-2014-9;
amended 3-16-2015 by TOR-2015-1]
A.
Upon submission of an application for a zone change to add a parcel
to the Wireless Telecommunications Overlay District under this article,
the applicant shall pay a review fee determined by the City Council,
consisting of reasonable costs to be incurred by the City Council
for the employment of independent consultants. These consultants shall
each be qualified professionals with a record of service to municipalities
in one or more of the following:
B.
The independent consultant(s) shall assist the City Council in determining
whether the subject parcel needs to be added to the Wireless Telecommunications
Overlay District. Said analysis shall include, but not be limited
to, determining whether adequate personal wireless services can be
provided utilizing existing parcels in the Wireless Telecommunications
Overlay District and/or existing structures, including but not limited
to buildings, water towers, existing telecommunication facilities,
utility poles and towers and related facilities, provided that such
installation preserves the character and integrity of those structures.
No personal wireless service facility or tower
shall be erected, constructed or installed or undergo Major Modification
without first obtaining a special permit from the SPGA in accordance
with the requirements set forth herein.
A.
Adequate coverage, adequate capacity and justification
of need for personal wireless service facility and/or tower.
(1)
Sites in which applicant has legal or equitable interest.
(a)
The applicant shall provide written documentation
of any facility site(s) in Agawam and any sites in abutting towns
located within eight miles of any boundary of the Town of Agawam in
which it has any legal or equitable interest, whether by ownership,
leasehold or otherwise. For each such facility site, it shall demonstrate
with written documentation that this facility site is not already
providing or does not have the potential by adjusting the site to
provide adequate coverage and/or adequate capacity to the Town of
Agawam. The documentation shall include, for each facility site listed:
[1]
The exact tower location (in longitude and latitude,
to degrees, minutes, seconds);
[2]
Ground elevation above mean sea level at the
tower location;
[3]
Height of tower or structure;
[4]
Type, manufacturer and model number of antennas;
[5]
Antenna gain;
[6]
Height of antennas on tower or structure;
[7]
Output frequency;
[8]
Number of channels;
[9]
Power input; and
[10]
Maximum power output per channel.
(b)
Potential adjustments to these existing facility
sites, including changes in antenna type, orientation, gain, height
or power output shall be specified. Radial plots from each of these
facility sites, as they exist, and with adjustments as above, shall
be provided as part of the application.
(2)
Sites in which applicant has no legal or equitable
interest.
(a)
The applicant shall demonstrate with written
documentation that it has examined all existing facility sites located
in Agawam and any sites in abutting towns located within eight miles
of any boundary of the Town of Agawam in which the applicant has no
legal or equitable interest, whether by ownership, leasehold or otherwise,
to determine whether the existing facility sites can be used to provide
adequate coverage and/or adequate capacity to the Town of Agawam.
The documentation shall include, for each existing facility site examined:
[1]
The exact tower location (in longitude and latitude,
to degrees, minutes, seconds);
[2]
Ground elevation above mean sea level at the
tower location;
[3]
Height of tower or structure;
[4]
Type, manufacturer and model number of proposed
antennas;
[5]
Proposed antenna gain;
[6]
Height of proposed antennas on tower or structure;
[7]
Proposed output frequency;
[8]
Proposed number of channels;
[9]
Proposed power input; and
[10]
Proposed maximum power output per channel.
(b)
Radial plots from each of these existing facility
sites, configured as documented above, shall be provided as part of
the application.
(3)
The applicant shall demonstrate with written documentation
that it has analyzed the feasibility of repeaters in conjunction with
all existing facility sites listed in compliance with the sections
above to provide adequate coverage and/or adequate capacity to the
Town of Agawam. Radial plots of all repeaters considered for use in
conjunction with these facility sites shall be provided as part of
the application.
B.
Required documentation for personal wireless service
facility and/or tower. The applicant shall include reports prepared
by one or more professional engineers, which shall demonstrate that
the personal wireless service facility and tower comply with all applicable
standards of the federal and state governments, more specifically:
(1)
Copies of ail submittals and showings pertaining to:
FCC licensing, environmental impact statements, FAA notice of construction
or alteration, aeronautical studies and all data, assumptions and
calculations relating to service coverage and power levels regardless
of whether categorical exemption from routine environmental evaluation
under the FCC rules is claimed.
(2)
Copies of all information submitted in compliance
with requirements of Massachusetts Department of Public Health, 105
CMR 122 Fixed Facilities Which Generate Electromagnetic Fields in
the Frequency Range of 300 khz to 100 ghz and Microwave Ovens, or
any revisions thereof as the Department of Public Health may, by written
notice, create.
(3)
The exact legal name, address or principal place of
business and phone number of the applicant. If any applicant is not
a natural person, it shall also give the state under which it was
created or organized.
(4)
The name, title, address and phone number of the person
to whom correspondence or communications in regard to the application
are to be sent. Notice, orders and other papers may be served upon
the person so named, and such service shall be deemed to be service
upon the applicant.
(5)
Name, address, phone number and written consent to
apply for this permit of the owner of the property on which the proposed
personal wireless service facility and/or tower shall be located or
of the owner(s) of the tower or structure on which the proposed personal
wireless service facility shall be located.
(6)
Required plans and engineering plans, prepared, stamped
and signed by a professional engineer licensed to practice in Massachusetts.
(Note: Survey plans shall also be stamped and signed by a professional
land surveyor registered in Massachusetts.) Plans shall be on sheets
24 inches x 36 inches, on as many sheets as necessary and at scales
which are no smaller (i.e., no less precise) than listed below. Each
plan sheet shall have a title block indicating the project title,
sheet title, sheet number, date, revision dates, scale(s) and original
seal and signature of the professional engineer and other professionals
who prepared the plan.
(7)
The applicant shall, as part of its application, provide
the SPGA with the following plans and maps:
(a)
Proposed site plans.
[1]
Proposed facility site layout, grading and utilities
at a scale no smaller than one inch = 40 feet (1:480 or metric equivalent
1:500) showing the entire vicinity within a radius of 400 feet of
the tower site, with topography drawn with minimum of contour intervals
of two feet (0.6 meter).
[2]
Proposed tower location and any appurtenances
and accessory buildings (communication equipment shelter or other).
Indicate property boundaries of the Overlay District and setback distances
to the base(s) of the tower and to the nearest comers of each of the
appurtenant structures to those boundaries and dimensions of all proposed
improvements.
[3]
Limits of areas where vegetation is to be cleared
or altered and justification for any such clearing or alteration.
[4]
Plans of proposed access driveway or roadway
and parking area at the facility site. Include grading, drainage,
traveled width. Include a cross section of the access drive indicating
the width, depth of gravel, paving or surface materials.
(b)
Proposed tower and appurtenances.
[1]
Plans, elevations, sections and details at appropriate
scales but no smaller than one inch = 10 feet.
[2]
Two cross-sections through proposed tower drawn
at right angles to each other and showing the ground profile to at
least 100 feet beyond the limit of clearing. Indicate proposed spot
elevations at the base of the proposed tower. Dimension the proposed
height of the tower above average grade at tower base. Indicate the
maximum allowable structural height of the tower after addition of
any modular sections. Show all proposed antennas, including their
location on the tower.
[3]
Details of typical tower foundation, including
cross sections and details. Show all ground attachments, specifications
for anchor bolts and other anchoring hardware.
[4]
Detail proposed exterior finish and camouflage
of the tower.
[5]
Indicate relative height of the tower to the
tops of surrounding trees as they presently exist.
(c)
Proposed communications equipment shelters.
(d)
Proposed equipment plan.
[1]
Plans, elevations, sections and details at appropriate
scales, but no smaller than one inch = ten feet.
[2]
Number of antennas and repeaters (if any), as
well as the exact locations of all repeaters (if any) located on a
map, as well as by degrees, minutes and seconds of latitude and longitude.
[3]
Mounting locations on tower or structure, including
height above ground.
[4]
Antenna type(s), manufacturer(s), model and
number(s).
[5]
For each antenna, the antenna gain and antenna
radiation pattern.
[6]
Number of channels per antenna, projected and
maximum.
[7]
Power input to the antenna(s).
[8]
Power output, in normal use and at maximum output
for each antenna and all antennas as an aggregate.
[9]
Output frequency of the transmitter(s).
C.
Application requirements for roof-mounted, side-mounted
and facade-mounted personal wireless service facilities. The use of
repeaters to assure adequate coverage or to fill holes within areas
of otherwise adequate coverage, while minimizing the number of required
towers is permitted and encouraged.
(1)
Applicants shall provide the following information:
(a)
The exact location (in longitude and latitude,
to degrees, minutes and seconds), as well as by street address or
pole number (if applicable);
(b)
Ground elevation;
(c)
Proposed output frequency;
(d)
Proposed number of channels;
(e)
Proposed power input; and
(f)
Proposed maximum power output per channel.
(2)
Name, address, phone number and written consent to
apply for this permit of the owner of the property on which the proposed
facility shall be located.
(3)
Proposed site layout, grading and utilities at a scale
no smaller than one inch = 40 feet (1:480 or metric equivalent 1:500)
showing the entire vicinity within a radius of 300 feet of the site
with topography drawn with minimum contour intervals of two feet (0.6
meter).
(a)
Proposed facility location and any appurtenances,
if any, and any accessory building (communication equipment shelter
or other). Indicate property boundaries of abutters within 300 feet
of the facility, and dimensions of all proposed improvements;
(b)
Limits of areas where vegetation is to be cleared
or altered and justification for any such clearing or alteration;
and
(c)
Plans of any proposed access driveway or roadway
and parking area at the site. Include grading, drainage, traveled
width. Include a cross section of the access drive indicating the
width, depth of gravel, paving or surface materials.
D.
A major
modification is defined as a modification that substantially changes
the physical dimensions of a tower or station by including one of
the following conditions:
[Added 10-7-2019 by Ord. No. TOR-2019-6]
(1)
An increase in the height of the tower by more than 10% or by the
height of one additional antenna;
(2)
A protrusion from the edge of the tower more than 20 feet, or more
than the width of the tower structure at the level of the appurtenance,
whichever is greater;
(3)
An installation of more than the standard number of new equipment
cabinets but not to exceed four cabinets;
(4)
Any excavation or deployment outside the current site of the tower
or wireless service facility;
(5)
The change would defeat the existing concealment elements of the
tower or wireless service facility; or
(6)
The change does not comply with conditions associated with the prior
approval of construction or modification of the tower or wireless
service facility unless the noncompliance is due to an increase in
height, increase in width, addition of cabinets, or new excavation
that does not exceed the corresponding "substantial change" thresholds
identified.
E.
An eligible
facilities request for modification of an existing wireless facility
or tower that does not substantially change the physical dimensions
of such facility or tower shall be required to apply for and receive
any and all permits required by the Inspector of Buildings. An eligible
facilities request shall involve the following on a preexisting wireless
facility or tower:
[Added 10-7-2019 by Ord. No. TOR-2019-6]
A.
If feasible, personal wireless service facilities
shall be located on existing structures, including, but not limited
to, buildings, water towers, existing telecommunication facilities,
utility poles and towers and related facilities, provided that such
installation preserves the character and integrity of those structures.
B.
Only freestanding monopoles, with associated antenna
and/or panels, shall be allowed as specified in this section. Lattice-style
towers and facilities requiring guy wires and/or three or more legs
for support are prohibited.
C.
If the applicant demonstrates that it is not feasible
to locate on an existing structure, personal wireless services facility
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. One
week prior to and one week following the public hearing, a balloon
shall be put in place at the height of the proposed tower. The balloon
shall be of a size and color that can be seen from every direction
for a distance of one mile.
D.
A special permit shall not be granted for a tower
to be built on speculation. If the applicant is not simultaneously
installing a personal wireless service facility on the tower, it shall
provide a copy of its existing lease/contract with a personal wireless
service provider. Said provider shall provide all necessary data to
comply with the terms of this article, as part of the applicant's
application for a personal wireless service facility and/or tower
or the special permit shall not be granted.
E.
Tower(s) shall minimize, to the extent feasible, adverse
visual impacts on the environment. The SPGA may impose reasonable
conditions to ensure this result, including, but not limited to, requiring
the use of camouflage, painting, lighting standards and screening.
F.
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 buildings silhouette. Personal wireless
service facilities which are side mounted shall blend with the existing
building's architecture and, if over five square feet, shall be painted
or shielded with material which is consistent with the design features
and materials of the building.
G.
A vegetated buffer strip of undisturbed trees of an
adequate depth to screen the facility and no less than 20 feet shall
be retained as close to the tower as possible.
H.
The tower and communication equipment shelter(s) shall
be completely fenced for security within a gated area no greater than
10,000 square feet, with fence height limited to six feet. Use of
razor wire is not permitted.
[Amended 3-18-2002 by TOR-2001-7]
I.
There shall be no signs, except the following: a sign
no greater than two square feet indicating the name of the personal
wireless service facility's owner(s), and a twenty-four-hour emergency
telephone number shall be posted adjacent to the entry gate. In addition,
No Trespassing or other warning signs may be posted on the fence.
All signs shall conform to the sign requirements of this chapter.
J.
New towers shall be the lesser of 190 feet; or the
minimum height determined by the independent consultant(s) to provide
the applicant adequate coverage from the personal wireless service
facility(s) proposed for use on the tower. Side- and roof-mounted
personal wireless service facilities shall not project more than 10
feet above the height of an existing building nor project more than
10 feet above the height limit of the zoning district within which
the facility is located. Personal wireless service facilities may
be located on a building that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building height. New antennas located on any of the following structures
existing on the effective date of this article shall be exempt from
the height restrictions of this article, 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. New antennas located on
any of the following existing structures shall be exempt from the
height restriction of the article, provided that there is no more
than a twenty-foot increase in the height of the existing structure
as a result of the installation of a personal wireless service facility:
electric transmission and distribution towers, telephone poles and
similar existing utility structures.
K.
In order to ensure public safety, the minimum distance
from the base of a telecommunications tower to any property line and/or
street, and all buildings on the subject property occupied on a regular
basis, shall be a minimum of 260 feet; or 1 1/2 times the height
of the facility/mount, including any antennas or appurtenances, whichever
is greater. Such minimum distance to all publicly owned parks and
playgrounds shall be at least 375 feet. As used herein, "publicly
owned parks" shall not include any golf courses.
[Amended 3-18-2002 by TOR-2001-7]
L.
To the extent feasible, all network interconnections
to and from the telecommunications site and all power to the site
shall be installed underground. At the initial construction of the
access road to the site, sufficient conduit shall be laid to accommodate
the maximum possible number of personal wireless service providers
licensed to provide services to the Town of Agawam and surrounding
areas.
M.
Unless required by the Federal Aviation Administration,
no night lighting of towers, or the personal wireless service facility
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site.
N.
No tower or personal wireless service facility, with
the exception of roof-mounted, side-mounted, facade-mounted or structure-mounted
telecommunications facilities or repeaters, shall be located outside
of the Wireless Telecommunications Overlay District(s). No tower or
personal wireless service facility shall be located within any of
the following prohibited areas:
O.
A different existing structure or use on the same
lot shall not preclude the construction and installation of a wireless
telecommunications facility on such lot. If a tower and its equipment
buildings are the sole use of the lot, the tower shall be deemed to
be the principal use; otherwise, the use shall be considered accessory.
[Added 3-18-2002 by TOR-2001-7]
A.
Upon submission of a complete application for any
special permit(s) under this article, the SPGA shall provide its independent
consultant(s) with the full application(s) for their analysis and
review.
B.
Applicants for any special permit(s) under this article
shall grant permission for the town's independent consultant(s) to
conduct any necessary site visit(s).
A.
In acting on any special permit application, the SPGA
shall proceed in accordance with the procedures and timelines established
for special permits in this chapter. The special permit granting authority
may adopt and from time to time amend rules and regulations relative
to the issuance of such permits and shall file a copy of said rules
and regulations in the office of the Town Clerk.
B.
In addition to the findings required in this article,
the SPGA shall, in consultation with the independent consultant(s),
make all of the applicable findings before granting the special permit,
as follows:
(1)
That the applicant is proposing to locate its personal
wireless service facility or tower within a Wireless Telecommunications
Overlay District or other districts as provided by this article;
(2)
That the applicant is not able to use existing towers/facility
sites in or around the Town of Agawam, either with or without the
use of repeaters, to provide adequate coverage and/or adequate capacity
to the Town of Agawam;
(3)
That the proposed personal wireless service facility/tower
will not have an undue adverse impact on historic resources, scenic
views, residential property values, natural or man-made resources;
(4)
That the applicant has agreed to implement all reasonable
measures to mitigate the potential adverse impacts of the towers and
facilities; and
(5)
That the proposal shall comply with FCC 96-326 and
any and all other applicable FCC regulations regarding emissions of
electromagnetic radiation and that the required monitoring program
is in place and shall be paid for by the applicant.
(6)
Any decision by the SPGA to deny an application for
a special permit under this article shall be in conformance with SEC.
332(47 U.S.C. § 332) J(7)(B)(ii), (iii) of the Act, in that
it shall be in writing and supported by substantial evidence contained
in a written record.
A.
Any personal wireless service facility (ground-mounted
or otherwise) which ceases to operate for a period of one year shall
be removed. "Cease to operate" is defined as not performing the normal
functions associated with the personal wireless service facility and
its equipment on a continuous and ongoing basis for a period of one
year. At the time of removal, the facility site shall be remediated
such that all personal wireless service facility improvements which
have ceased to operate are removed. If all facilities on a tower have
ceased to operate, the tower shall also be removed, and the facility
or repeater site, including any access road(s) which lead to that
facility site from the main access road, shag be revegetated. If all
facility sites have ceased to operate, the owner of the last personal
wireless service facility to leave the site shall revegetate the access
road in its entirety. Existing trees shall only be removed with the
written permission of the SPGA and only if the SPGA determines such
removal of trees to be necessary to complete the required removal
of personal wireless service facility(s).
B.
Removal performance guaranty. The applicant shall,
as a condition of the special permit, post an initial cash bond in
a reasonable amount determined and approved by the SPGA. This bond
shall be in force to cover the costs of the remediation of any damage
to the landscape which occurs during the clearing of the site and
to cover the cost of the removal of the tower or facility from the
site and remediation of the landscape, should the facility cease to
operate.
Towers and personal wireless service facilities
shall be insured by the owner(s) against damage to persons or property.
The owner(s) shall provide a certificate of insurance to the Planning
Board on an annual basis. For towers and facilities located on property
owned by the Town of Agawam, the Town of Agawam shall be an additional
named insured.
Upon determination that the applicant and/or
owner has failed to comply with this article or is in violation of
this article, and the Town of Agawam takes any action to enforce this
article, bring the applicant and/or owner into compliance with this
article, or to abate any violations under this article, the applicant
and/or owner shall be liable and responsible to pay to the Town of
Agawam all costs, expenses and reasonable attorney's fees for such
action taken by the Town of Agawam. Failure to pay said costs, expenses
and reasonable attorney's fees within 30 days of receipt of notice
to pay the same shall be grounds for the revocation of any special
permit issued in accordance with this article.
The invalidity of any section or provision of
this article shall not invalidate any other section or provision hereof
or to take any other action with respect thereto.
