6.5.1 Purpose
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 By-law is adopted to govern the establishment of personal wireless service ("PWS") facilities in the town. The Town does not intend this By-law to prohibit or have the effect of prohibiting the provision of personal wireless services in the town. For purposes of this By-law, the terms "personal wireless service" and "personal wireless service facility" shall have the same meaning as in the Telecommunications Act of 1996, 47 USC s. 332(c)(7)(C).
6.5.2 Special Permit Granting Authority
The Planning Board shall be the Special Permit Granting Authority (SPGA).
6.5.3 PWS Regulations
1. A PWS facility is a permitted use in all zoning districts if totally enclosed in a structure which exists for purposes other than to house wireless communications facilities.
2. A PWS facility which includes an extension of up to 20 feet in height above the height of a structure, as defined herein, on which it is mounted may be authorized by special permit granted by the Planning Board in all zoning districts provided that the Planning Board finds after review of comments from other Town boards, departments, agencies, and their staff, that reasonable measures shall be or already have been taken to:
A. mitigate against negative impacts on visual quality affecting properties and streets by incorporating reasonable design, siting and screening methods; and
B. protect against potential damage to properties and streets from structural failure or collapse or from falling ice.
3. A free-standing PWS facility of up to 130 feet in height may be authorized by special permit in Industrial Zoning Districts only.
6.5.3 Conditions
PWS facilities shall conform to the following standards.
1. Any PWS facility 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. Any ground-level 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.
4. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.
5. To the extent technologically feasible, all interconnections from the PWS facility shall be via land lines.
6. Lattice-style towers requiring three or more legs and/or guy wires for support are prohibited.
7. The applicant shall demonstrate that the proposed technology is the safest and least obtrusive to the landscape currently available.
8. PWS facilities proposed to be enclosed in a structure, as defined herein, shall be concealed from view and shall not significantly alter the exterior of such "existing structure within which the PWS facility is to be enclosed.
9. Freestanding PWS facilities shall be sited and designed in a manner which minimizes its visibility from properties and streets and shall not be located within three hundred (300) linear feet of a public or private way or an existing residential dwelling and must be set back a minimum of three hundred (300) linear feet from all property lines. No freestanding PWS facilities may be located less than three hundred (300) linear feet from another zoning district as measured from all property lines of the proposed use.
10. PWS facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
11. PWS facilities which are side mounted shall blend with the existing structure's architecture and, if over five (5) feet square, shall be painted or shielded with material which is consistent with the design features and materials of the existing structure.
12. The total height of a free-standing PWS structure, including attached accessories, shall not exceed 130 feet in height as measured from the ground level at the base of the structure.
13. The PWS facility shall be designed to accommodate co-location of multiple users, on the same facility, to the maximum extent technologically practicable in order to reduce the number of PWS facilities or sites which will be required to be located in the Town.
14. Proposed PWS facilities must demonstrate within the application for a special permit that existing or already approved facilities cannot accommodate the equipment planned for the new facility.
6.5.4 Waiver
The Planning Board may waive compliance with any of the above-listed standards, except subsection 5 or 14 provided it determines that such would not derogate from the intent of this By-law.
6.5.5 Application
Any application under this section shall include a plan with the following:
1. A drawing to-scale accurately depicting the proposed facility within the context of the site on which it is to be located and the surrounding area;
2. A report or reports prepared by professional engineers describing:
A. the technical, economic and other reasons for the facility height, location and design;
B. the capacity of the facility, including the number and type of transmitters and receivers it can accommodate and the basis for the calculation of the capacity;
C. how the proposed facility complies with all applicable Federal and State standards;
D. Statements of compliance with, or exemption from, the regulations of all federal and state agencies governing personal wireless service facilities or uses, including but not limited to: the FAA, FCC, Massachusetts Aeronautics Commission, and Massachusetts Department of Public Health;
3. 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 period of time as the Planning Board determines to be necessary.
6.5.6 Review Costs
The applicant shall pay all costs for the Planning Board to have independent consultants review the application and its renewals.
6.5.7 Term
1. Special permits authorized under this section shall be limited to an initial term of two years and shall be renewed every two years thereafter provided the special permit holder has filed with the Board annual certification demonstrating continuing compliance with the special permit and with applicable federal and state regulatory requirements.
2. Any parts of the PWS facility which have not been used for one year shall be dismantled and removed at the permit holder's expense. The permit holder shall post a bond or other financial security with the Town Treasurer in an amount deemed sufficient to cover demolition and removal of PWS facilities in the event of discontinuance of use.
6.5.8 Municipal Exemption
Exempt from the provisions of this by-law are any existing or proposed municipal structures to be utilized solely by the town to promote public health and safety, which structures may be allowed in all zoning districts by special permit, issued by the Planning Board, provided that such structures shall not exceed 120' in height, and the Planning Board finds, after a public hearing, that the use of an existing structure, consistent with this by-law, is not feasible, and that the height of such structure does not exceed the minimum height required for Town use. |
