Cellular communications facilities
508.1. Purpose and goals.
The purpose of this section is to establish special conditions and performance standards for the use of cellular communications antenna arrays and cellular communications towers, as defined below, that are consistent with the residential character of the town, and consistent with the land uses in the town. The goals of this section include encouraging the location of antennae on existing structures, and the joint use (co-location) of new and existing towers in order to minimize or mitigate any adverse impact on the town that may result from the location or configuration of cellular communications antenna arrays and cellular communications towers, as well as to facilitate the use of public property and structures for cellular communications facilities.
508.2. Definitions.
Cellular communications antenna array. The antenna or antennae from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may include up to twelve (12) antennae in one (1) array and one (1) microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use. A cellular communications antenna array may be public or private.
A. Public cellular communications antenna array. Any antenna used for a governmental function and owned by the United States of America, the state, or the town, or any political subdivision duly authorized to own and operate a cellular communications array. Public cellular communications array are not to be restricted by this section.
B. Private cellular communications antenna array. Any antenna used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.
Cellular communications tower. A free-standing structure used for the location of one (1) or more cellular communications antenna arrays. It may also include an equipment shelter as an accessory use. A cellular communications tower may be public or private.
A. Public cellular communications tower. Any tower structure used for a governmental function and owned by the United States of America, the state, the town, or any political subdivision duly authorized to own and operate a cellular communications tower.
B. Private cellular communications tower. Any tower structure used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.
Co-location. Use of a common cellular tower or common site by two (2) or more license holders or by one (1) license holder for more than one (1) type of communications technology.
Equipment shelter. An enclosed structure, cabinet, shed or box used as an accessory to a cellular communications antenna array to house electrical equipment, batteries and emergency electrical generators, directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter.
Height. The distance measured from ground level to the highest point on a cellular communications tower including the cellular communications antenna array.
508.3. Applicability.
No cellular communications antenna array or cellular communications tower shall be erected, constructed, altered or maintained on any lot within the town after June 22, 1998, without complying with the terms of this section. Nothing herein shall be deemed to prohibit or regulate any public antenna or cellular communications tower used in the exercise of a governmental function.
A. A cellular communications antenna array shall be allowed as of right on any existing nonresidential structure within the zones specified in section 301, Schedule of Use Regulations Table, provided that the height of such cellular communications antenna array shall not exceed the height of such existing structure by more than twelve (12) feet if omni-directional or whip type antennae are used, and by not more than six (6) feet if directional or panel type antennae are used.
B. A cellular communications tower shall be permitted as a special permit use or permitted use within the zones so specified in section 301, Schedule of Use Regulations Table, and provided that the height of such new tower shall not exceed one hundred fifty (150) feet in height.
C. No cellular communications tower or cellular communications antenna array shall be permitted within the Historic Overlay District as provided in article 6.
508.4. Application requirements.
All applications for permits to construct, install or erect cellular communications towers or equipment shelters, or to install, mount or erect cellular communications antenna arrays on existing buildings or on other alternate antenna support structures, shall be subject to the following:
A. A building permit is required;
B. An electrical permit is required;
C. Payment of all permit and inspection fees;
D. Proof of ownership of the land upon which a cellular communications tower, antenna array or equipment shelter is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement;
E. A scaled plan and a scaled elevation view and other supporting drawings and calculations, indicating color and other documentation; and showing the location and dimensions of the relevant cellular communications tower, cellular communications antenna array, equipment shelter and any and all other devices and attachments, including electrical wiring, cable, wire or other connective materials to and from the antennae to the equipment shelter, and to and from the equipment shelter to any existing or proposed wires, cables or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables or connective devices that enter or exist on or along any public street or right-of-way.
508.5. General requirements.
A. All antennae shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations. The town shall not regulate the placement, construction, and modification of cellular communications antenna arrays on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.
B. A cellular communications tower shall be set back from all property lines a minimum of one (1) foot for each one (1) foot of tower height. When the property abuts an Historic Overlay District, the setback distance from such district shall be one and one-half (1½) foot for each one (1) foot of tower height.
C. All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.
D. Equipment shelters shall be obscured from view by being placed among or surrounded by trees, shrubs or fences and shall be locked at all times and shall be clearly labeled as to the person to be contacted in the event of an emergency.
E. Any cellular communications tower exceeding one hundred fifty (150) feet in height shall require a special use permit.
F. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the state building code as amended from time to time. If upon inspection, the building official concludes that a tower fails to comply with such code and standards; and constitutes a danger to persons or property, then the building official shall proceed in accordance with G.L. Tit. 23, Ch. 27.3, entitled state building codes. Towers must be structurally inspected by a registered engineer every ten (10) years and a certificate of such inspection shall be filed with the building official.
G. All telecommunication facilities and structures which have not been used for a period of one (1) year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within ninety (90) days of receipt of notice from the building official. The applicant shall post a bond or cash security with the finance director sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the building official. If such antenna or tower is not removed within 90 days of receipt of notice, the town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.
H. All cellular communications antenna arrays, except public cellular communications antenna arrays, and all cellular communications towers shall be subject to development plan review, as set forth herein and in the subdivision and land development regulations, and appropriate camouflaging, landscaping and screening shall be provided, pursuant to the design standards set forth in this section.
1. For such uses permitted as of right, development plan review shall be conducted by the administrative officer and/or the technical review committee, subject to referral to the planning board, and the decision of such authority shall be appealable to the zoning board in accordance with the applicable provisions of article 5 of this ordinance.
2. For such uses permitted by special use permit, development plan review shall be conducted by the planning board, and the decision of such authority shall be advisory only to the zoning board in accordance with G.L. § 45-24-49.
508.6. Additional application requirements for use by special use permit.
An application for a special use permit for a cellular communications antenna array or cellular communications tower shall include the following information:
A. The applicant shall supply a definition of the area of service and indicate the current coverage capacity.
B. The applicant shall supply information showing that the proposed facility would provide the needed coverage and/or capacity.
C. The applicant shall provided a map or maps, covering the entire town and showing all existing, proposed or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.
D. Should an existing structure not be utilized, the applicant shall provide evidence as to why such structure has not been utilized.
E. The applicant shall indicate how the site will be designed to co-locate future carriers, and how many of such carriers can be technically accommodated. The application shall contain a statement that if the site will physically support co-location, any co-location applicant willing to sign a commercially reasonable lease, shall be allowed to co-locate.
508.7. Additional standards for special use permit—Towers.
In addition to the standards set forth in article 9 of this ordinance, the zoning board of review shall make affirmative findings of fact relative to each of the following factors in determining whether to issue a special use permit for the construction of a cellular communications tower:
A. Applicant has made reasonable efforts to utilize existing structures for a cellular communications antenna array and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage for the applicant.
B. Applicant has made reasonable efforts to avoid the necessity of erecting a new tower, including, but not limited to, the construction of a permitted structure on which a cellular communications antenna array could be placed.
C. Applicant's proposed tower comports with the height restrictions and/or requirements provided for herein.
D. Applicant's proposed tower comports with the use requirements and/or restrictions provided for herein, as well as the uses of the neighboring properties.
E. Applicant's proposed tower comports with the surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and applicant's property.
F. Applicant's proposed tower comports with the design characteristics that reduce or eliminate adverse impacts on the community including type (guyed tower, lattice tower or monopole) of tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.
508.8. Design standards for development plan review.
All applications for a cellular communications antenna array or cellular communications tower shall be subject to development plan review. The following design standards shall apply to all cellular communications antennae arrays and cellular communications towers:
A. For the erection of a cellular communications antenna array on an existing structure, the proposed facility shall preserve or enhance the pre-existing character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.
B. For the erection of a cellular communications tower, the proposed facility shall preserve or enhance the preexisting character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.
C. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the director of planning. Screening shall not be less than five feet in width, nor less than eight (8) feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within thirty (30) days.
D. Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.
E. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.
F. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
G. Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the reviewing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
H. There shall be no signs, symbols, flags, banners or other devices or things attached to or painted or inscribed upon any tower.