HomeMy WebLinkAboutCLEAN - TJU Wireless 3-2-10 _3_ Section 8.9 Wireless Service Facilities
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and environmental
impacts as well as any potential deleterious impact on property value, of wireless
service facilities upon properties located within the Town. The Planning Board
shall be the Special Permit Granting Authority for the issuance of a special permit
to allow the placement, construction and modification of wireless service facilities
within the town. This bylaw is intended to be used in conjunction with other
regulations adopted by the Town, and other zoning and general bylaws designed
to encourage appropriate land use, environmental protection, preservation of the
rural character and the provision of adequate infrastructure development in North
Andover.
b) The regulation of wireless service facilities is consistent with the purpose of the
North Andover Zoning Bylaw and planning efforts at the local government level
to further the conservation and preservation of developed, natural and
undeveloped areas, wildlife, flora and habitats for endangered species; protection
of the natural resources of North Andover, enhancement of open space areas and
respect for North Andover's rural character.
c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996
in that:
1. it does not prohibit or have the effect of prohibiting the provision of Wireless
Services;
2. it is not intended to be used to unreasonably discriminate among providers of
functionally equivalent Wireless Services;
3. it does not regulate Wireless Services on the basis of the environmental
effects of radio frequency emissions beyond requiring compliance with the
Federal Communication Commission's regulations concerning such
emissions.
d) If the application of any of the provisions of this Bylaw results in a violation of
the Federal Telecommunications Act of 1996, then the Federal Act shall
supercede that particular provision of this Bylaw.
2) Definitions for Purposes of this Section 8.9:
a) Above Ground Level (AGL). A measurement of height from the natural grade of
a site to the highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height above sea
level (or zero elevation) can be measured.
c) Antenna. The surface from which wireless radio signals are sent and received by
a wireless service facility.
d) Camouflaged. A wireless service facility that is disguised, hidden, part of an
existing or proposed structure or placed within a preexistent or proposed structure
is considered to be "camouflaged."
e) Carrier. A company that provides wireless services.
f) Co-location. The use of a single mount or monopole wireless service facility
(monopole) by more than one carrier (vertical co-location) and/or the locating of
s:Aclerk\2010 arm citizen petitions&mhr articles-jab\clean-tju wireless 3-2-10(3).doc
more than one carrier's wireless service facility in or on a preexistent building or
structure.
g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels
flush mounted or attached very close to the shaft.
h) Distributed Antenna System (DAS). A multiple antenna system including
antennas and control boxes typically installed on utility poles interconnected via
cable or fibers belonging to the access point/base station dispersed across a
coverage area. The system shall be capable of co-locating multiple Wireless
Service providers simultaneously.
i) Elevation. The measurement of height above mean sea level.
j) Environmental Assessment (EA). An EA is the document required by the
Federal Communications Commission (FCC) and the National Environmental
Policy Act (NEPA) when a wireless service facility is placed in certain designated
areas.
k) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
1) Functionally Equivalent Services. Cellular, Personal Communication Services
(PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and
Paging.
m) GPS. Ground Positioning System by satellite location of antennas.
n) Guyed Tower. A lattice tower that is tied to the ground or other surface by
diagonal cables.
o) Lattice Tower. A type of mount that is self-supporting with multiple legs and
cross bracing of structural steel.
p) Licensed Carrier. A Company authorized by the FCC to construct and operate a
commercial mobile radio service system.
q) Monopole. The type of mount that is self-supporting with a single shaft of wood
steel or concrete or other material and a platform (or racks) for panel antennas
arrayed at the top.
r) Mount. The structure or surface upon or in which antennas are mounted,
including but not limited to the following four types of mounts and each mount
shall be low profile mounted:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted in or on a pre-existent building or structure.
s) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in
all directions.
t) Panel Antenna. A flat surface antenna usually developed in multiples.
u) Preexisting Structure: A preexisting wireless service facility or a preexisting
building or structure. As used in Section 8.9 of this bylaw the term "structure"
shall include buildings.
v) Radiofrequency (RF) Engineer. An engineer specializing in electric or
microwave engineering, especially the study of radio frequencies.
w) Radiofrequency Radiation (RFR). The emissions from wireless service
facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental
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Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable
FCC guidelines and regulations.
x) Security Barrier. A locked impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
y) Separation. The distances between one array of antennas and another array.
z) Stealth Antenna. An antenna, dish or other facility--not including ground based
support facilities—which is fully concealed inside a pre-existing structure such
that no part of the stealth antenna is visible from street level. This definition shall
only apply to antennae, monopoles and antenna-like devices and not to any
equipment necessary for the operation of the antennae-like devices, which
equipment may be located outside the pre-existing structure.
aa)Utility. A system of wires or conductors and supporting structures that functions
in the transmission of electrical energy or communication services (both audio
and video) between generating stations, sub-stations, and transmission lines or
other utility services.
bb)Wireless Service Facility. Facilities used for the principle purpose of commercial
or public wireless communications uses, such as cellular telephone services,
enhanced specialized mobile radio services, microwave communications, wireless
communications services, paging services and the like, as defined in Section 704
of the Federal Telecommunications Act of 1996, as amended. Such facilities shall
include towers, monopoles, antennae, antennae support structures, panels, dishes
and accessory structures.
cc) Wireless Services. The three types of services regulated by this Bylaw:
commercial mobile radio services, unlicensed wireless services, and common
carrier wireless exchange access services as defined in the Telecommunications
Act of 1996, as amended.
3) General Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all
cases and may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide
adequate service to the public.
ii) A wireless service facility may locate on any existing guyed tower, lattice
tower, monopole or electric utility transmission tower for which a special
permit issued under this Section 8.9 is in effect, provided that the new facility
shall obtain a special permit from the Planning Board and, provided further
that any new facility shall not exceed the terms and conditions of the special
permit in effect for the existing facility on which it is to be located.
iii) No wireless service facility shall be located in the Town except upon
issuance of a special permit in accordance with Section 10.3 of this Bylaw.
Small scale wireless facilities which satisfy the conditions in order for the
Federal Communications Commission's Over-the-Air Reception Devices
("OTARD") rules to apply and which are consistent with the OTARD rules
are exempt from this bylaw..
iv) As required by the federal Telecommunications Act of 1996, there may be no
regulation of a wireless service facility on the basis of the environmental
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effects of radio frequency emissions, other than as required by the Federal
Communications Commission.
v) The installation, construction, or other placement of new lattice towers or
guyed towers (as distinguished from those existing at the time of the
inception of this Bylaw) shall not be permitted.
b) Location:
i) The Wireless Telecommunications Overlay District (WTOD) is intended to
protect the resources of the Town, while allowing adequate Wireless
Telecommunications to be developed. 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. Any
use of lands within the WTOD for purposes of placement, construction,
modification or removal of Wireless Service Facilities shall be subject to the
requirements of Section 8.9 of this Bylaw. The 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 wireless telecommunications
services to the Town. Properties not currently in the WTOD can only be
added to the WTOD by vote of Town Meeting.
ii) Upon issuance of a Special Permit by the Planning Board, a Wireless Service
Facility (including DAS and those with a monopole) may only be installed in
the following districts and properties except as also provided in subsections
(iii) and (iv):
1. All parcels within the following zoning districts: Business 2 and 3;
Corridor Development Districts 1, 2 and 3; Industrial 1 and 2.
2. Map 108A, Parcel 3 (Commonwealth of Massachusetts)
Map 90B, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 17 (Commonwealth of Massachusetts)
Map 106C, Parcel 16 (Commonwealth of Massachusetts)
Map 106C, Parcel 7 (Commonwealth of Massachusetts)
Map 106C, Parcel 43 (Commonwealth of Massachusetts)
Map 106D, Parcel 5 (Commonwealth of Massachusetts)
Map 106B, Parcel 215 (Commonwealth of Massachusetts)
Map 106B, Parcel 214 (Commonwealth of Massachusetts)
Map 106C, Parcel 30 (Commonwealth of Massachusetts)
Map 106C, Parcel 32 (Commonwealth of Massachusetts)
Map 106D, Parcel 4 (Commonwealth of Massachusetts)
Map 106D, Parcel 14 (Commonwealth of Massachusetts)
Map 106D, Parcel 13 (Commonwealth of Massachusetts)
Map 106C, Parcel 3 (Commonwealth of Massachusetts)
Map 106C, Parcel 8 (Commonwealth of Massachusetts)
Map 106C, Parcel 9(Commonwealth of Massachusetts)
Map 106D, Parcel 10 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 106B, Parcel 24 (Commonwealth of Massachusetts)
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Map 104A, Parcel 21(Commonwealth of Massachusetts)
Map 108C, Parcel 43 (Commonwealth of Massachusetts)
Map 109, Parcel 33 (Commonwealth of Massachusetts)
Map 106C, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 12(Commonwealth of Massachusetts)
Map 108C, Parcel 40 (Commonwealth of Massachusetts)
Map 108C, Parcel 45(Commonwealth of Massachusetts)
Map 108C, Parcel 41 (Commonwealth of Massachusetts)
Map 107B, Parcel 26 (Commonwealth of Massachusetts)
Map 107B, Parcel 24 (Commonwealth of Massachusetts)
Map 106D, Parcel 16(Commonwealth of Massachusetts)
Map 106B, Parcel 216 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 34, Parcel 21 (Commonwealth of Massachusetts)
Map 108C, Parcel 42 (Commonwealth of Massachusetts)
Map 104D, Parcel 47 (Manzi)
Map 104D, Parcel 14 (Manzi)
Map 61, Parcel 20(Water Tower)
Map 27, Parcel 16 (Petco/Walgreens)
Map 25, Parcel l(Blockbuster)
Map 24, Parcel 16 (Eaglewood)
Map 25, Parcel 13 (Merrimack College)
Map 105C, Parcel 12 (New England Power)
Map 105C, Parcel 39 (New England Power)
Map 104B, Parcel 28(New England Power)
Map 64, Parcel 20 (Town of North Andover— Town Forest)
iii) In all zoning districts, a stealth antenna which is completely concealed within
a preexisting structure which has no residences contained within it, may be
installed, with necessary equipment located inside or outside the preexisting
structure, upon issuance of a special permit by the Planning Board, if the
applicant proves (1)there is a substantial gap in coverage, and (2) there is
compliance with Federal Communications Commission regulations
concerning radiofrequency emissions and (3)there is no alternative
available site. The Planning Board may hire, at the applicant's expense, an
independent engineer or other expert to review and report upon the
application and related documents.
iv) Notwithstanding the foregoing sections ii(1) and ii(2) no Wireless Service
Facility shall be installed on or within any structure containing single-or
multi-unit residences, or on or within any accessory structure to a residential
use unless:
1. There is a substantial gap in coverage, there is compliance with
Federal Communications Commission regulations concerning
radiofrequency emissions, and there is no alternative available
site; or
2. There is a variance granted by the Zoning Board of Appeals.
v) Subject to the exemption in subsection 8.9.12 herein, prior Town Meeting
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authorization is required before the Board of Selectmen or School Committee
enters into an agreement or lease for a wireless service facility on Town
property.
c) Dimensional Requirements: Wireless service facilities shall comply with the
following requirements:
i) Height, The maximum allowed height of a wireless service facility shall not
exceed 100 feet unless the applicant demonstrates that a greater height is
required to allow for provision of the wireless communications services and
the Planning Board finds that a height over 100 feet is desirable based on a
balanced review of aesthetics, safety and wireless coverage for the area.
Wireless service facilities may locate on a building that is legally non-
conforming with respect to height, provided that the facilities do not project
above the existing building height.
i_i) Height, Stealth Antennae. Any stealth antenna that is located inside a pre-
existing structure such that it is not visible from street level is exempt from
the general height requirement in 3 (c) (i) above and the setback requirements
in 3(c)(v)(1) and must conform to the setback requirement in 3 (c) (v) (2).
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless
service facilities shall not project more than ten (10) feet above the height of
an existing building or structure nor project more than ten (10) feet above the
height limit of the zoning district within which the facility is located.
Wireless service facilities may locate on a building that is legally
nonconforming with the respect to height, provided that the facilities do not
project above the existing building height.
iv) Height, Preexisting Structures (Utility)New antennas located on any of the
following structures existing on the effective date of this bylaw shall be
exempt from the height restrictions of this bylaw provided that there is no
increase in height of the existing structure as a result of the installation of a
wireless service facility: Water towers, guyed towers, lattice towers, fire
towers and monopoles.
v) Setbacks All wireless service facilities and their equipment shelters shall
comply with the building setback provisions of the zoning district in which
the facility is located. In addition, the following setbacks shall be observed.
(1) In order to ensure public safety, the minimum distance from the base of
any ground-mounted wireless service facility (except a stealth antenna)
to any property line, shall be 2x the height of the facility, including any
antennas or other appurtenances. This set back is considered the "fall
zone".
(2) In the event that a preexisting structure is proposed as a mount for a
wireless service facility, the setback provisions of the zoning district
shall apply. In the case of the preexisting non-conforming structures,
wireless service facilities and their equipment shelters shall not increase
any non-conformity
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4) Design Standards
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows
i) Camouflage by Existing Buildings or Structures
(1) When a 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 preexisting 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
building's silhouette.
(2) Wireless service facilities which are side-mounted shall blend with the
preexisting building's architecture and, if over 5 square feet, shall be
shielded with material which is consistent with the design .features and
materials of the building.
ii) Camouflage by Vegetation. If wireless service facilities are not
camouflaged from public viewing areas by existing buildings or structures,
they shall be surrounded by buffers of dense tree growth and vegetation in all
directions to create an effective year-round visual buffer. Ground-mounted
wireless service facilities in excess of 50 feet shall provide year-round
vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of
the structure whichever is greater, in all directions. Trees and vegetation may
be existing on the subject property or installed as part of the proposed facility
or a combination of both. Vegetation should be natural in appearance and
consistent with surroundings.
iii) Color
(1) Wireless service facilities, which are side-mounted on buildings, shall be
painted or constructed of materials to match the color of the building
material directly behind them.
(2) To the extent that any wireless service facilities extend above the height
of the vegetation immediately surrounding it, they must be painted in a
light gray or light blue hue which blends with sky and clouds
iv) Equipment Shelters_ Equipment shelters for wireless service facilities shall
be designed consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults; or
(2) designed consistent with traditional materials, color and design of the
area, or
(3) camouflaged behind an effective year-round landscape buffer, equal to
the height of the proposed building, and /or wooden fence acceptable to
the permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal Aviation
Administration (FAA). Lighting of equipment structures and any other
facilities on site shall be shielded from abutting properties. There shall be
total cutoff of all light at the property lines of the parcel to be developed, and
foot-candle measurements at the property line shall be 0.0 initial foot-candles
when measured at grade.
ii) Signs shall be limited to those needed to identify the property and the owner
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and warn of any danger. No tower or other facility shall contain any signs or
other devices for the purpose of advertisement. All signs shall comply with
the requirements of Signs and Outdoor Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a
security barrier and shall be protected against unauthorized climbing or other
access by the public.
c) Historic Buildings
i) Any wireless service facilities located on or within a historic structure shall
not alter the character-defining features, distinctive construction methods, or
original historic materials of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service
facility shall be fully reversible.
iii) Wireless service facilities within an historic district shall be concealed within
or behind existing architectural features, or shall be located so that they are
not visible from public roads and viewing areas within the district.
iv) The Historic District Commission must review all applications for wireless
service facilities to be located within a local historic district.
d) Environmental Standards
i) Applicants must comply with all Conservation Commission regulations and
procedures.
ii) Applicant must comply with all federal, state and local regulations governing
hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be contained on-
site and comply with the DEP Storm Water Management regulations as
applicable.
iv) Ground-mounted equipment for wireless service facilities shall not generate
acoustic noise in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service facilities shall
not generate noise in excess of 50 dB at ground level at the base of the
building closest to the antenna.
e) Safety Standards
i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for
a—wireless service facility shall be authorized per the FCC Guidelines for
Evaluating the Environmental Effects of Radiofrequency Radiation (FCC
Guidelines) or any other applicable FCC guidelines and regulations.
ii) Structural Integrity. As part of the application for special permit for a
monopole or stealth antenna the applicant shall provide certification by a
structural engineer that the wireless service facility is structurally sound for
the proposed facility.
5) Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Permit Granting
Authority (SPGA) for wireless service facilities shall be the Planning Board.
b) Pre-Application Conference. Prior to the submission of an application for a
Special Permit under this regulation, the applicant is strongly encouraged to meet
with either the SPGA at a public meeting or with the town planner, to discuss the
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proposed wireless service facility in general terms and to clarify the filing
requirements.
c) Pre-Application Conference Filing Requirements. The purpose of the
conference is to inform the SPGA as to the preliminary nature of the proposed
wireless service facility. As such, no formal filings are required for the pre-
application conference. However, the applicant is encouraged to prepare sufficient
preliminary architectural and/'or engineering drawings to inform the SPGA of the
location of the proposed facility, as well as its scale and overall design.
d) Application Filing Requirements. The following shall be included with an
application for a Special Permit for all wireless service facilities:
i) General Filing Requirements
(1) Name, address and telephone number of applicant and any co-applicants
as well as any agents for the applicant or co-applicants. A 24-hour
emergency telephone contact number shall be included for use during
construction as well as operation of the wireless communication facility.
(2) Co-applicants may include the landowner of the subject property,
licensed carriers and tenants for the wireless service facility
(3) Every application for a wireless service facility Special Permit shall
include at least one licensed carrier and the owner of the land as an
applicant or a co-applicant.
(4) Original signatures are required for the applicant and all co-applicants
applying for the Special Permit. If an agent represents the applicant or
co-applicant, an original signature authorizing the agent to represent the
applicant and/or co-applicant is required. Photo reproductions of
signatures will not be accepted. All other filing requirements in the
Zoning Bylaw and the Rules and Regulations as applicable must be
complied with.
(5) The applicant shall submit documentation of the legal right to install and
use the proposed facility at the time of application for a Special Permit
under this bylaw and also at the time of application for a building
permit.
ii) Location Filing Requirements:
(1) Identify the subject property by including the name of the nearest road
or roads, street address, and Assessors Map and Parcel number of
subject property
(2) Identify the Zoning District designation for the subject parcel. Submit a
copy of Town zoning map with parcel identified.
(3) A locus map at a scale of 1" = 1500' showing the subject property.
(4) A map showing the other preexisting and approved wireless service
facilities in North Andover and outside North Andover within one mile
of its boundary.
(5) GPS all equivalent systems locating by latitude and longitude wireless
service facilities.
(6) A report by a qualified Radio Frequency Engineer relating to (1) a
claimed substantial gap in coverage and (2) the proposed facility's
compliance with applicable Federal Communications Commission,
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Massachusetts Aeronautics Commission and Federal Aviation
Commission requirements, and (3) coverage maps that include all of the
applicant's existing and planned towers, antennas, micro-cells, and
repeaters in the coverage area and abutting municipalities.
(7) Evidence that there is no alternative site that is available and technically
feasible in North Andover or an abutting municipality. Such evidence
shall include an analysis by a qualified Radio Frequency Engineer of the
gaps in coverage if other sites were to be used. If there is an alternative
site which would provide a location to close the purported substantial
gap in coverage, then the applicant must document all efforts, and results
thereof, to evaluate, and obtain rights to use, the alternative site.
(8) Evidence that the applicant has analyzed the feasibility of using DAS,
"repeaters", micro-cells, or other available technology to provide
coverage to the intended service area.
(9) A description of the capacity of the Facility, including, in the case of a
monopole, the number and types of antennas that it can accommodate
and the basis for calculation of capacity. Description of the proposed
equipment should include data as to noise, certified by an acoustical
engineer, and the beam widths at ground level for the energy outputs
from each Antenna sector and degree of down-tilt of each Antenna.
(10)A listing of the state and/or federal permits, licenses or approvals
acquired or needing to be acquired for the proposed installation.
(11)A description of the terms of any co-location agreements between the
Applicant and any Personal Wireless Service provider.
(12)A copy of the most recently recorded plan and deed for the property on
which the Facility will be placed and specific documentation which
shows that the applicant has the legal authority by way of ownership,
purchase and sale agreement, lease or otherwise, to use the subject
property for the intended purpose.
iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a
Registered Professional Engineer or Registered Land Surveyor in the
Commonwealth of Massachusetts showing the following:
(1) Property lines for the subject property and property lines of all properties
within 300 feet of the proposed location.
(2) Tree cover on the subject property and all properties directly abutting the
subject property, by dominant species and average height.
(3) Outline of all existing buildings, including purpose (e.g. residential
buildings, garages, Accessory structures, etc.) on subject property and all
properties adjacent to the subject property.
(4) Location of all roads, public and private, on the subject property and on
all adjacent properties within 300 feet including driveways proposed to
serve the wireless service facility.
(5) Proposed location of antenna, mount and equipment shelter(s).
(6) Proposed security barrier, indicating type and extent as well as point of
controlled entry.
(7) Distances, at grade, from the proposed wireless service facility to each
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building on the vicinity plan.
(8) Contours at each 2 feet AMSL for the subject property and adjacent
properties within 300 feet.
(9) All proposed changes to the preexisting property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(10) Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the wireless service facility.
(11) Lines representing the sight line showing viewpoint (point from which
view is taken) and visible point (point being viewed) from 'Sight Lines"
subsection below.
(12) Location of all wetlands on the subject property and within 100' of the
proposed facility as approved by the Conservation Commission, only if a
filing with the Conservation Commission is required.
(13)Antennas and related equipment shall be camouflaged, that is, disguised,
shielded, hidden or made to appear as an architectural component of the
structure, provided however, antennas installed on utility poles, signs or
flag poles as part of a DAS shall not be required to be camouflaged.
iv) Sight lines and photographs:
(1) Sight line representation. A sight line representation shall be drawn from
any public road within 300 feet and the closest facade of each residential
building (viewpoint) within 300 feet to the highest point (visible point)
of the wireless service facility. Each sight line shall be depicted in
profile, drawn at one-inch equals 40 feet scale. The profiles shall show
all intervening trees and buildings. In the event there is only one (or
more) residential building within 300 feet there shall be at least two
sight lines from the closest habitable structures or public roads, if any.
(2) Preexisting (before condition) photographs. Each sight line shall be
illustrated by one four-inch by six-inch color photograph of what can
currently be seen from any public road and any residential building
within 300 feet.
(3) Proposed (after condition) photographs. Each of the preexisting
condition photographs shall have the proposed wireless service facility
superimposed on it to show what will be seen from public roads and
residential buildings if the proposed wireless service facility is built.
(4) Siting elevations or views at-grade from the north, south, east and west
for a 50-foot radius around the proposed wireless service facility plus
from all preexisting public and private roads that serve the subject
property. Elevations shall be at either one-quarter inch equals one foot or
one-eight inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation
dimensions and average ground level (AGL) of the highest point.
All future proposed antennas, mounts and equipment shelters if
any must be shown in order to be included in the Special Permit.
(b) Security barrier. If the security barrier will block views of the
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wireless service facility, the barrier drawing shall be cut away to
show the view behind the barrier.
(c) Any and all structures on the subject property.
(d) Preexisting trees and shrubs at current height and proposed trees
and shrubs at proposed height at time of installation, with
approximate elevations dimensioned.
(e) Grade changes, or cuts and fills, to be shown as original grade and
new grade line, with two-foot contours ANISL.
v) Design Filing Requirements for Co-Location:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic
type and specific treatment (e.g. anodized aluminum stained wood,
painted fiberglass, alloys, etc.). These shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the
antenna mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(4) Dimensions of the wireless service facility specified for all three
directions: height, width and breadth. These shall be provided for the
antennas, mounts, equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the
total height, width and breadth.
vi) Design Filing Requirements for Monopole Facilities:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic
type and specific treatment (e.g. anodized aluminum stained wood,
painted fiberglass, alloys, etc.). These shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the
antenna mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(4) Dimensions of the wireless service facility specified for all three
directions: height, width and breadth. These shall be provided for the
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antennas, mounts, equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the
total height, width and breadth.
(6) Landscape plan including preexistent trees and shrubs and those
proposed to be added, identified by size of specimen at installation and
species.
(7) During the public hearing process the applicant shall schedule with the
Planning Board a balloon or crane test at the proposed site, at the
expense of the applicant, to illustrate the height of the proposed facility.
Upon notice that such a test will be required, the Applicant is
responsible for making arrangements with the Board's staff so that
notice of the test may be included in a newspaper of local circulation,
which notice shall be paid by the applicant. Photographs of the actual
test from a suitable number of locations so as to depict the visual impact
of the proposed facility on the Town shall be submitted to the Board at
the public hearing.
(8) If lighting on the site is required by the FAA, the applicant shall submit
a manufacturer's computer generated point-to-point printout, indicating
the horizontal foot-candle levels at grade, within the property to be
developed and twenty-five (25) feet beyond property lines. The printout
shall indicate the locations and types of luminaries proposed.
(9) No commercial signage or advertising may be affixed to any monopole
or other wireless service facility.
(10)The applicant shall provide design details for the foundation of a
proposed monopole, the connection of the proposed monopole to the
foundation and the break away points of the proposed monopole.
(11)The Town may retain a technical expert or experts to review, and report
upon, the application. The cost for such technical experts will be paid at
the expense of the applicant.
vii) Structural Integrity Filing Requirements
(1) At the time of application for a special permit for a monopole or stealth
antenna the applicant shall provide certification by a structural engineer
that the wireless service facility is structurally sound for the proposed
facility.
(2) Monopoles must at all times be maintained in good and safe condition.
The Personal Wireless Service provider shall arrange for a professional
structural engineer licensed in Massachusetts to inspect and review a
monopole and all accessory buildings upon completion of construction
to certify these structures are in sound condition. A report of the
engineer's findings shall be filed with the Town Building Commissioner
at the completion of construction of the monopole. The SPGA may
require such an engineer's report to be filed after the fifth year of
operation of the monopole facility and every five years thereafter. All
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costs for the inspection shall be borne by the carrier. Should the engineer
or the Town Building Commissioner deem the monopole not to be
sound, the owner of the monopole shall submit to the Town, within ten
(10) business days, a plan to remedy the structural defect(s). Upon
approval of the plan by the Building Commissioner, the remediation
plan shall be completed as soon as is reasonably possible.
viii) Noise Filing Requirements
(1) The applicant shall provide a statement listing the preexisting and
maximum future projected measurements of noise from the proposed
wireless service facilities, measured in decibels Ldn (common
logarithmic scale, accounting for greater sensitivity at night), for the
following:
(a) Preexisting or ambient: the measures of preexisting noise
(b) Preexisting plus proposed wireless service facilities: maximum
estimate of noise from the proposed wireless service facility plus
the preexistent noise environment.
(c) Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet
Department of Environmental Protection requirements and Section
8.9(4)(d).
ix) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal
Communications Commission (FCC) designated frequencies, power
levels and standards, including FCC Radio Frequency Emissions
standards. The applicant shall provide certification demonstrating that
the maximum allowable frequencies and power levels will not be
exceeded. Certifications shall include technical specifications, a written
explanation of those specifications, and, if necessary, field verification.
(2) In order to determine compliance with applicable FCC regulations, the
applicant shall provide a statement listing the preexistent and future
projected measurements of RFR from the proposed wireless service
facility, including all co-locators, for the following situations:
(a) Preexisting or ambient: the measurement of preexistent RFR.
(b) Preexisting plus proposed wireless service facilities: estimate of
RFR from the proposed wireless service facility plus the
preexisting RFR environment.
(c) Certification, signed by a engineer, stating that RFR measurements
are accurate and meet FCC Regulations and Guidelines and the
Radiofrequency Radiation Standards subsection of this Bylaw.
x) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)that
meets FCC requirements shall be submitted to the Town for each
wireless service facility site that requires such an EA to be submitted to
the FCC
(2) The applicant shall list location, type and amount (including radiation
trace elements) of any materials proposed for use within the wireless
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service facility that are considered hazardous by the federal, state or
local government.
xi) Waiver. The SPGA may waive one or more of the application filing
requirements of this section if it finds that such information is not needed for
a thorough review of a proposed wireless service facility.
6) Co-location
a) If feasible, wireless service facilities shall be located on or in preexisting
structures, (whether or not they have existing wireless facilities) including but not
limited to buildings or structures, preexisting telecommunications facilities, utility
poles and towers, and related facilities, provided that such installation preserves
the character and integrity of those structures. In particular, applicants are urged
to consider use of preexisting telephone and electric utility structures as sites for
one or more wireless service facilities. The applicant shall have the burden of
proving that there are no feasible preexisting structures upon which to locate. If
the applicant demonstrates to the satisfaction of the Planning Board that it is not
feasible to locate on a preexisting structure, wireless service facilities shall be
camouflaged to the greatest extent possible, including but not limited to: use of
compatible building materials and colors, screening, landscaping, with natural
and/or artificial plantings, and placement within trees.
b) Licensed carriers shall share wireless service facilities and sites where feasible
and appropriate, thereby reducing the number of wireless service facilities that are
standalone facilities. Applicants are encouraged to locate within a preexisting
structure having wireless facilities when feasible and when such a co-location
does not interfere with structural integrity and does not result in a major change to
the appearance of the structure. Applicants for a Special Permit for a wireless
service facility shall demonstrate a good faith effort to co-locate with other
carriers. Such good faith effort includes:
i) A survey of all preexisting structures that may be feasible sites for co-
locating wireless service facilities;
ii) Contact, with all other licensed carriers for commercial mobile radio services
operating in the Commonwealth of Massachusetts; and
iii) Sharing information necessary to determine if co-location is feasible under
the design configuration most accommodating to co-location.
c) The Planning Board may retain a technical expert in the field of RF engineering
and/or a structural engineer to verify if co-location at the site is not feasible or is
feasible given the design configuration most accommodating to co-location. The
cost for such a technical expert will be at the expense of the applicant. The
Planning Board may deny a Special Permit to an applicant who has not
demonstrated a good faith effort to provide for co-location,
d) If the applicant does intend to co-locate or to permit co-location, the Planning
Board shall request drawings and studies that show the final appearance and
operation of the drawing service facility at full build-out.
e) If the Planning Board approves a co-location for a wireless service facility site,
the Wireless Facilities Special Permit shall indicate how many facilities and of
what type shall be permitted on that site. Facilities specified in the original
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Special Permit approval shall not require another Wireless Facility Special
Permit, however, the addition of any facilities not specified in the original
approved Special Permit shall require a new Special Permit. This allows a carrier
to "pre-permit" a site for additional facilities so that the original carrier will not
have to apply for an additional Special Permit.
f) In order to determine compliance with all applicable FCC Regulations, estimates
of RFR emissions will be required for all facilities, including proposed and future
facilities both for the applicant and all co-locators.
7) Modifications
A modification of a wireless service facility may be considered equivalent to an
application for a new wireless service facility and will require a Special Permit when
the following events apply:
i) The applicant and/or co-applicant want to add any equipment or additional height
not specified in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by
changing the wireless service facility in one or more of the following ways:
(1) Change in the number of facilities permitted on the site;
(2) Change in technology used for the wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the SPGA, within 90
days of beginning operations, preexisting and current RFR measurements. Such
measurements shall be signed and certified by an RF engineer, stating that RFR
measurements are accurate and are in compliance, or why the measurements fail
to comply with, all applicable FCC Guidelines and Regulations. The
measurements shall be submitted for both the applicant and all co-locators.
b) After the wireless service facility is in operation the applicant shall submit to the
SPGA, within 90 days of the beginning of operation, preexisting and current
measurements of acoustic noise from the wireless service facility. Such
measurements shall be certified and signed by an acoustical engineer, stating that
noise measurements are accurate and meet the Noise Standards sub-section8.9.4.d
of this Bylaw.
c) The applicant and co-applicant or their successor in interest shall maintain the
wireless service facility in good condition. Such maintenance shall include, but
shall not be limited to, painting, structural integrity of the mount and security
barrier and maintenance of the buffer and landscaping.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a
wireless service facility, such carrier will notify the Planning Board by certified
US mail of the proposed date of abandonment or discontinuation of operations.
Such notice shall be given no less than 30 days prior to abandonment or
discontinuation of operations. In the event that a licensed carrier fails to give such
notice, the wireless service facility shall be considered abandoned upon
discontinuation of operations.
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b) Upon abandonment or discontinuation of use, the carrier shall physically remove
the wireless service facility within 90 days from the date of abandonment or
discontinuation of use. "Physically remove" shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers from
the-subject property.
ii) Proper disposal of the waste materials from the site in accordance with local
and state solid waste disposal regulations.
iii) Restoring the location of the wireless service facility to its natural condition,
except that any landscaping and grading shall remain the after-condition.
c) As a condition of any special permit for the placement, construction or
modification of a wireless service facility, the SPGA may require a carrier to
place into escrow a sum of money to cover the costs of removing the facility from
the subject property. Said amount shall be certified by an engineer, architect or
other qualified professional registered to practice in the Commonwealth of
Massachusetts. Said funds shall be held by an independent escrow agent to be
appointed by the carrier and the SPGA. The carrier shall authorize and, as
necessary, shall obtain the authorization of the owner of the property to allow the
escrow agent to enter upon the subject property to remove the facility when the
facility has been abandoned or discontinued. In the event the posted amount does
not cover the cost of demolition and/or removal the Town may place a lien upon
the property covering the difference in cost.
d) A facility shall be deemed to be abandoned or discontinued if it has not been used
for the purpose for which it was originally constructed for a period of six (6)
months or more. Once abandonment or discontinuance has occurred, the carrier
shall remove the facility from the subject property within ninety days. In the event
that the carrier fails to remove the facility, the town shall give notice to the carrier
and the independent escrow agent that the facility shall be, removed by the
escrow agent forthwith and the escrow agent, after affording written notice seven
days in advance to the carrier, shall remove the facility.
10)Reconstruction or Replacement of Existing Towers and Monopoles
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of
adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended or
replaced on the same site by Special Permit, provided that the SPGA finds that such
reconstruction, alteration, extension or replacement will not be substantially more
detrimental to the neighborhood and/or the Town than the preexistent non-
conforming structure. In making such a determination, the SPGA shall consider
whether the proposed reconstruction, alteration, extension or replacement will create
public benefits such as opportunities for co-location, improvements in public safety,
and/or reduction in visual and environmental impacts.
11)Performance Guarantees
a) The SPGA may require insurance in a reasonable amount determined and
approved by the SPGA, after consultation at the expense of the applicant with one
(1) or more insurance companies, to be in force to cover damage from the
structure, or damage from transmissions and other site liabilities and may require
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annual proof of said insurance to be filed with the SPGA.
b) Annual certification, if required by the standards of the Federal Communications
Commission, or Federal Aviation Administration or the American National
Standards Institute, shall also be filed with the SPGA by the Special Permit
holder.
12)Exempt Facilities: Municipal Emergency Wireless Service Facility
Wireless service facilities necessary to provide and ensure adequate town-wide
coverage for public safety communications to include Police, Fire, Ambulance,
Emergency Medical Services, and Emergency Management shall be exempt from
the provisions of this bylaw. Commercial or private wireless service facilities,
unless they are under contract with the Town of North Andover to provide public
safety communication, shall not co-locate on or utilize a municipal emergency
wireless service facility and shall not be exempt under this section. Further, if said
municipal emergency wireless service facility is to be located on private property,
the Town must obtain the permission of the landowner.
13)Public discussion of litigation settlement
At least ten (10) days prior to each public hearing of the Planning Board where a
public discussion is to occur regarding any proposed settlement of litigation
commenced by an applicant under this section, the Planning Board shall send notice
at the applicant's expense of such public discussion by certified mail to all abutters
within 300 feet of the proposed Facility.
Or to take any other action relative thereto
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