[Added 10-25-1999 ATM by Art. 10[1]]
[1]
Editor's Note: Under Art. 20 of the May 2001
Town Meeting the Wireless Communications Overlay District Facilities
Map was adopted. This map is on file at the office of the Building
Inspector.
The purpose of this article is to:
A.
Minimize the adverse impacts of wireless communication
facilities (hereinafter "WCF") on adjacent properties and residential
neighborhoods;
B.
Minimize the overall number and height of such facilities
to only what is essential;
C.
Promote shared use of existing facilities to reduce
the need for new ones;
D.
Encourage the most appropriate use of the land and
to guide sound development while promoting the health, safety and
general welfare of the Town; and
E.
Establish districts in which WCF's may be located.
Wireless communication facilities may only be
located the Town of Salisbury in accordance with this bylaw. To achieve
the above purpose, this section establishes the following Wireless
Communication Districts:
A.
Wireless Communication District A. This overlay district consists of all land located in the Light Industrial District (I), and the following parcels located in the Low-Density Residential District (R1), Medium-Density Residential District (R2) and Beach Commercial District, as shown on the Official Zoning Map for the Town of Salisbury: Assessor’s Map 28, Lots 5 and 56 and Assessor’s Map 30, Lot 1. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in § 300-123 of this bylaw. The following additional uses shall be allowed:
[Amended 5-14-2007 ATM by Art. 11]
(1)
Indoor WCF's allowed as of right subject to
the dimensional requirements and performance and design standards
of this article;
(2)
Building-mounted WCF's, allowed subject to site
plan review from the Planning Board and the dimensional requirements
and performance and design standards of this article;
(3)
New freestanding WCF's, lattice or monopole
types, allowed subject to a special permit and site plan review from
the Planning Board and subject to the dimensional requirements and
performance and design standards of this article.
(4)
One new attachment WCF, small cell type, allowed subject to
site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
[Added 10-23-2017 ATM
by Art. 22]
(5)
More than one new attachment WCF, small cell type, allowed subject
to special permit and site plan review from the Planning Board and
subject to the dimensional requirements and performance and design
standards of this article.
[Added 10-23-2017 ATM
by Art. 22]
B.
Wireless Communication District B. This district consists of the Low-Density Residential District (R1) and the Commercial (C) District, Commercial 4 (C-4) District, Lafayette-Main (LM-A) Subdistrict A, Lafayette-Main (LM-B) Subdistrict B, Lafayette-Main (LM-C) Subdistrict C, Lafayette-Main (LM-D) Subdistrict D, and Lafayette-Main Commercial as shown on the Official Zoning Map for the Town of Salisbury. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in § 300-123 of this bylaw. The following additional uses shall be allowed:
[Amended 10-23-2017 ATM
by Art. 22]
(1)
Indoor WCF's allowed as of right subject to
the dimensional requirements and performance and design standards
of this article;
(2)
Building-mounted WCF's allowed subject to site
plan review from the Planning Board and the dimensional requirements
and performance and design standards of this article;
(3)
Monopoles allowed subject to a special permit
and site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
(4)
One new attachment WCF, small cell type, allowed subject to
site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
(5)
More than one new attachment WCF, small cell type, allowed subject
to special permit and site plan review from the Planning Board and
subject to the dimensional requirements and performance and design
standards of this article.
C.
Wireless Communication District C. This overlay district consists of all of the Beach Commercial, Commercial 2, and Commercial 3 Zoning Districts and the following parcel located in the Medium-Density Residential District (R2) as shown on the Official Zoning Map of the Town of Salisbury: Assessor’s Map 12, Lot 109. Within this district all of the requirements of the underlying zoning district(s) continue to apply with the exception of the maximum height allowance, which is established in § 300-123 of this Bylaw.
[Amended 10-23-2006 ATM by Art. 5]
(1)
Indoor WCF's allowed as of right subject to
the dimensional requirements and performance and design standards
of this article;
(2)
Building-mounted WCF's allowed subject to site
plan review from the Planning Board and the dimensional requirements
and performance and design standards of this article.
(3)
One new attachment WCF, small cell type, allowed subject to
site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
[Added 10-23-2017 ATM
by Art. 22]
(4)
More than one new attachment WCF, small cell type, allowed subject
to a special permit and site plan review from the Planning Board and
subject to the dimensional requirements and performance standards
of this article.
[Added 10-23-2017 ATM
by Art. 22]
A.
Freestanding lattice-type WCF's shall:
(1)
Not exceed 160 feet in height, measured from
the base of the tower to the highest point of the tower or its projections;
(2)
Be set back from the property lines of the lot
on which it is located by at least 160 feet measured from the center
of the structure of the WCF base;
(3)
Be located a minimum of 200 feet from the nearest
residential building within a residentially zoned district;
(4)
Be separated from another freestanding WCF by
200 feet.
B.
Building-mounted WCF's shall not:
(1)
Exceed 15 feet above the rooftop of a supporting
building, including any penthouse, parapet or other similar structure
extending above the rooftop;
(2)
Exceed 15 feet above the highest point of a
water tower or water tank.[1]
[Amended 5-14-2007 ATM by Art. 11]
[1]
Editor’s Note: Former Subsection B(3), which provided
that building-mounted WCF’s shall not exceed the highest point
of a smokestack, which immediately followed this subsection, was repealed
10-23-2017 ATM by Art. 22.
C.
Freestanding monopole-type WCF's shall:
(1)
Not exceed 100 feet in height, measured from
the base of the tower to the highest point of the tower or its projections;
(2)
Be set back from the property lines of the lot
on which it is located by at least 140 feet measured from the center
of the structure of the WCF base;
(3)
Be located a minimum of 200 feet from the nearest
residential building within a residentially zoned district;
(4)
Be separated from other freestanding WCF's by
a minimum of 200 feet;
(5)
Have a treed buffer of 100 feet in diameter
containing an average canopy height of 50 feet at the time of application;
(6)
Be concealed by the use of camouflaging materials
to look like a tree;
(7)
Be located on a parcel of land of at least two
acres.
D.
Small-cell-type WCF's shall:
[Added 10-23-2017 ATM
by Art. 22]
(1)
Be an attachment that co-locates with an existing structure
in which such structure is currently supporting, designed to support,
or proven to be capable of supporting the WCF attachment;
(2)
Be no more than six cubic feet in volume, or, in the case of
an antenna that has exposed elements, the antenna and all of its exposed
elements could fit within an imaginary enclosure of no more than six
cubic feet. All other wireless equipment associated with the facility
has a cumulative volume of no more than 28 cubic feet or such higher
limit as established by the Federal Communications Commission;
(3)
Not include the following types of associated equipment in the
equipment volume calculation: electric meter, concealment, telecommunications
demarcation boxes, backup power systems, grounding equipment, power
transfer switches, cut-off switches, and vertical cable runs for the
connection of power and other services;
(4)
Be attached to a support structure no lower than 15 feet in
height;
(5)
Be designed so as to minimize visual impact on surrounding properties;
(6)
Have the cable that connects between the antennas and the equipment
box contained inside the pole or support structure or shall be flush
mounted and covered with a metal, plastic or similar material cap
matching the color of the pole or structure on which it is installed,
property secured and maintained by the applicant.
The following performance standards and general
requirements shall apply to all WCF's:
A.
Compliance with federal and state regulations. All
WCF's shall be erected, installed, maintained and used in compliance
with all applicable federal and state laws, rules and regulations,
including radio frequency emission regulations as set forth in Section
704 of the 1996 Federal Telecommunications Act.
B.
Collocation of WCF's.
(1)
WCF's should be designed to accommodate the
maximum number of users technologically practical. Shared use of freestanding,
building-mounted, or indoor WCF's by commercial carriers may be required
unless such shared use is shown to be not technologically practical.
The intent of this requirement is to reduce the number of separate
facilities which will require location within the community.
(2)
All owners and operators of land used in whole
or in part for a WCF and all owners and operators of such WCF should,
as a continuing condition of installing, constructing, erecting and
using a WCF, permit other public utilities or FCC-licensed commercial
entities seeking to operate a WCF to install, erect, mount and use
compatible WCF equipment and fixtures on the equipment-mounting structure
on reasonable commercial terms; and shall permit reasonable collocation
to the Town of Salisbury of communication systems to support the Town’s
emergency, safety and utility services and the public schools that
serve its children; provided, however, that such collocation does
not materially interfere with the transmission and/or reception of
communication signals to or from the existing WCF, and provided that
there are no structural or other physical limitations that make it
impractical to accommodate the proposed additional WCF or fixtures.
[Amended 5-14-2007 ATM by Art. 11]
C.
Removal of abandoned WCF.
(1)
Any WCF that is not operational for a continuous
period of 12 months shall be considered abandoned, and the WCF shall
be removed by the owner of the WCF, and the site restored to its original
condition, within 90 days of receipt of notice from the Building Inspector
notifying the owner of such abandonment.
(2)
If such WCF is not removed within 90 days, such
WCF shall be deemed to be in violation of this Zoning Bylaw and the
appropriate enforcement authority may begin proceedings to enforce
and/or cause removal. If there are two or more users of a single WCF,
then this provision shall not become effective until all users cease
using the WCF.
The following design standards shall apply to
all freestanding WCF's, except for Subsection A, which shall apply
for all exterior WCF's:
A.
All exterior WCF equipment and fixtures shall be painted or otherwise
screened or colored to minimize their visibility to occupants or residents
of surrounding buildings, streets and properties and shall blend in
with the landscape or the structures on which they are located or
attached to the extent practical. WCF equipment and fixtures visible
against the sky or other background shall be colored to minimize visibility
against such background. The maximum amount of vegetation shall be
preserved during construction of any WCF.
[Amended 10-23-2017 ATM
by Art. 22]
B.
All freestanding WCF's shall be designed to be constructed
at the minimum height necessary to accommodate the anticipated and
future use.
C.
To the extent feasible all network interconnections
from any WCF shall be installed underground, or inside an existing
structure.
D.
Fencing shall be provided to control access to wireless
communications facilities and shall be compatible with the scenic
character of the Town. Fencing shall not be of razor wire.
E.
There shall be no signs, except for announcement signs, "No Trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with Chapter 214, Signs, of the Town Code.
[Amended 10-23-2006 ATM by Art. 5]
F.
Night lighting of freestanding WCF's shall be prohibited
unless required by the Federal Aviation Administration. Lighting shall
be limited to that needed for emergencies and/or as required by the
FAA.
G.
There shall be a maximum of one parking space for
each freestanding WCF, to be used in connection with the maintenance
of the site, and not to be used for the permanent storage of vehicles
or other equipment.
H.
Accessory buildings and/or storage sheds shall be
limited to one building per use per tower. If more than one use, the
accessory buildings shall be connected by a common wall. Each building
shall not exceed 300 square feet in size and 10 feet in height and
shall be of the same design and color.
A.
Application process.
(1)
All special permit applications for WCF's shall
be made and filed on the appropriate application form. For an application
to be considered complete it shall contain nine copies of the following
information:
(a)
A color photograph or rendition of the proposed
monopole/lattice tower with its antenna and/or panels. A rendition
shall also be prepared providing eight view lines in a one-mile radius
from the site, shown beginning at true North and continuing clockwise
at forty-five-degree intervals.
(b)
A description of the monopole/lattice tower/small cell and the
technical, economic and other reasons for the proposed location, height
and design.
[Amended 10-23-2017 ATM
by Art. 22]
(c)
Confirmation that the monopole/lattice tower/small cell will
comply with all applicable federal and state standards, including,
but not limited to, the Federal Aviation Administration, Federal Communications
Commission, Massachusetts Aeronautics Commission and the Massachusetts
Department of Public Health.
[Amended 10-23-2017 ATM
by Art. 22]
(d)
A description of the capacity of the monopole/lattice
tower, including the number and type of panels, antennas and/or transmitter
receivers that it can accommodate and the basis for these calculations.
(2)
Before the Planning Board votes on the special permit, the applicant
shall arrange to locate a temporary structure, approved by the Planning
Board, at the site in a manner that replicates the exact height and
location of the proposed monopole/lattice tower. The structure shall
remain in position for no less than eight hours for two consecutive
days. The applicant will provide a set of dates, as described hereinabove,
to view the temporary structure as well as an alternative set of dates
in the event of poor visibility on account of adverse weather conditions.
These dates shall be advertised in a newspaper of general circulation
in the Town at least 14 days before the siting, and notice shall be
sent to abutting property owners.
[Amended 5-14-2007 ATM by Art. 11; 10-23-2017 ATM by Art. 22]
B.
In addition to applying the special permit general conditions described in Article VII, § 300-35, bylaw, and the standards, requirements or conditions set forth in this Article XIX, the Planning Board shall review the special permit application in accordance with the following criteria:
[Amended 5-14-2007 ATM by Art. 11]
(1)
An applicant proposing a freestanding WCF shall
prove to the satisfaction of the Board that the visual, economic and
aesthetic impacts of the facility on the community will be minimal.
The applicant must also demonstrate that the facility needs to be
located at the proposed site due to technical, topographical or other
unique circumstances. In determining whether to issue a special permit,
the Board shall consider the following factors: height of the proposed
WCF; the nature of uses adjacent and nearby properties; surrounding
topography; surrounding tree coverage and foliage; the visual impact
of the facility on the abutting neighborhoods and streets; and the
impact on existing vistas and natural resources.
(2)
No freestanding WCF shall be erected or installed
except in compliance with the provisions of this article. Any proposed
extension in the height or construction of a new or replacement of
a facility shall be subject to a new application for a special permit.
The addition of cells, antennas or panels to an existing facility
does not require the issuance of a special permit but is subject to
site plan review.
C.
Conditions of approval. The following conditions of approval shall apply to all grants of applications for WCF's that require a special permit as indicated by the above Table of Uses in § 300-122 herein:
(1)
If a freestanding exterior WCF is to be placed
on municipal property the following conditions must be satisfied:
(a)
Certificate of insurance for liability coverage
in the amount of $1,000,000 must be provided naming the Town as an
additional insured.
(b)
An agreement whereby the user indemnifies and
holds the Town harmless against any claims for injury or damage resulting
from or arising out of the use or occupancy of the Town-owned property
by the user.
(c)
A cash bond in a reasonable amount determined and approved by the Board shall be in force to cover removal of WCF and restoration of site to the condition that the premises were in at the onset of the lease, when use of said WCF becomes discontinued or obsolete. The amount is to be payable to the Town in the event that the user breaches the conditions of § 300-124C of this bylaw.
(2)
In addition to the above, the Board may impose
additional conditions as needed to minimize any adverse impacts of
the proposed WCF.
[Added 10-23-2017 ATM by Art.
22[1]]
In the event of a modification request of an approved application
which does not demonstrate substantial alterations to the physical
dimensions of the WCF or base station, the applicant shall petition
the Planning Board to review the modifications and the Planning Board
shall not unreasonably deny the request.
The following types of WCF's are exempt from
this bylaw:
[Added 5-14-2007 ATM by Art. 11; amended 10-23-2017 ATM by Art. 22]
The Official Zoning Map of the Town of Salisbury
is amended by adopting the Wireless Communications Facilities Overlay
Districts Map dated September 2017, which map is incorporated in and
made a part of this article and is on file with the Town Clerk.[1]
[1]
Editor's Note: Said map is on file in the
Town offices.
