A.
It is the express purpose of this bylaw to minimize
the visual and environmental impacts of personal wireless service
facilities. The bylaw enables and requires the review and approval
of all new and expanded personal wireless service facilities by the
Planning Board in keeping with the Town's existing bylaws and historic
development patterns, including the size and spacing of structures
and open spaces. This bylaw is intended to be used in conjunction
with other regulations adopted by the Town, including historic district
regulations, site plan review, and other local bylaws designed to
encourage appropriate land use, environmental protection, and provision
of adequate infrastructure development in the Town of Harwich.
B.
The regulation of personal wireless service facilities
is consistent with the Town's planning efforts through its local Comprehensive
Plan to further the conservation and preservation of developed, natural,
and undeveloped areas, wildlife, flora, and habitats for endangered
species; the preservation of coastal resources; protection of the
natural resources of the Town; balanced economic growth; the provision
of adequate capital facilities; the coordination of the provision
of adequate capital facilities with the achievement of other goals;
and the preservation of historical, cultural, archaeological, architectural
and recreational values.
The following terms shall have the respective
meanings within the context of regulation of personal wireless service
facilities under this bylaw:
A measurement of height from the natural grade of a site
to the highest point of a structure.
The surface from which wireless radio signals are sent and
received by a personal wireless service facility.
A personal wireless service facility that is disguised, hidden,
part of an existing or proposed structure or placed within an existing
or proposed structure is considered camouflaged.
A company that provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
A low mount that has three panels flush mounted or attached
very close to the shaft.
The measurement of height above sea level.
The document required by the Federal Communications Commission
(FCC) and the National Environmental Policy Act (NEPA) when a personal
wireless service facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
The area on the ground within a prescribed radius from the
base of a personal wireless facility. The fall zone is the area within
which there is a potential hazard from falling debris (such as ice)
or collapsing material.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio, and paging.
A monopole or lattice tower that is anchored to the ground
or other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs
and cross bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and one or more platforms (or racks) for
panel antennas.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A thin rod that beams and receives a signal in all directions.
A flat surface antenna usually developed in multiples.
Facility for the provision of personal wireless services,
including antennas, telecommunication equipment, communications towers,
monopoles and/or other support structures, including existing and
proposed structures having personal wireless service devices attached
thereto as accessory uses, installed and operated for the purpose
of providing personal 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.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
The emissions from personal wireless service facilities.
A lockable, secure wall, fence or berm that effectively discourages
unauthorized entry or trespass.
The distance between one carrier's array of antennas and
another carrier's array.
A.
Use regulations. A personal wireless service facility, after Planning Board review and approval, shall require a building permit in all cases and may be permitted as provided in Article V, Use Regulations, and as follows:
(1)
A personal wireless service facility may locate on any existing guyed tower or lattice tower, monopole, electric utility transmission tower, fire tower or any other tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(3) below. Such installations shall not require a special permit but shall require site plan approval pursuant to § 325-55 of this bylaw.
(2)
All new or expanded personal wireless service facilities involving construction of one or more ground or building (roof or side) mounts, or expansion of an existing facility, shall require a site plan review and approval as outlined in § 325-55 and the issuance of a special permit pursuant to Article V, Use Regulations, except that no special permit shall be required for such facilities when located on land owned by the Town of Harwich. Such facilities may be established by special permit in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Subsection C hereunder and Article VI, Area, Height and Bulk Regulations, of this bylaw and all of the special permit requirements set forth in § 325-60 of this bylaw.
B.
Location. Applicants seeking approval for personal
wireless service facilities shall comply with the following:
(1)
If feasible, personal wireless service facilities
shall be located on or within any existing or new structures, including
but not limited to buildings, existing telecommunications facilities,
utility poles and towers, any other towers, and related facilities,
provided that such installation preserves the character and integrity
of those structures. Special consideration will be given to new construction
of internally concealed wireless facilities that are installed in
a manner that preserves the character of the neighborhood and the
integrity of the structure (example: within a flagpole). In particular,
applicants are urged to consider use of existing telephone and electric
utility structures as sites for one or more personal wireless service
facilities. The applicant shall have the burden of proving that there
are no feasible existing structures upon which to locate.
(2)
If the applicant can demonstrate that it is not feasible
to locate on an existing structure, personal wireless service facilities
shall be designed so as to be camouflaged to the greatest extent possible,
including but not limited to use of compatible building materials
and colors, screening, landscaping, and placement within trees. The
applicant is also encouraged to consider using contained structures,
including but not limited to steeples and flagpoles, for the antennas
and an underground vault to store necessary equipment and equipment
cabinets.
(3)
The applicant shall submit documentation of the legal
right to install the proposed facility mount at the time of the application
for a building permit and/or special permit.
C.
Dimensional requirements. Personal wireless service
facilities shall comply with the following requirements:
(1)
Height, general. Regardless of the type of mount, personal wireless service facilities shall be no higher than 45 feet above ground level [except as described in Subsection C(4), Height, Personal Wireless Service Overlay Districts]. Personal wireless service facilities may be established on a building that is legally nonconforming with respect to height, provided that the facilities do not exceed 45 feet above ground level.
(2)
Height, existing structures. New antennas for personal
wireless services may be installed on or within any of the preexisting
structures listed below. Such preexisting structures shall be exempt
from the height restrictions of this article to the extent that the
following conditions are met: provided that there is no increase in
height of the existing structure as a result of the installation of
a personal wireless service facility and that its installation is
incidental to the structure and not the structure's primary purpose.
Such structures include guyed towers, lattice towers, fire towers,
any other towers, and monopoles, chimneys and steeples.
(3)
Height, existing utility structures. New antennas
located on any of the following existing structures shall be exempt
from the height restrictions of this bylaw, provided that there is
no more than a twenty-foot increase in the height of the existing
structure as a result of the installation of a personal wireless service
facility and further provided that no such structure shall be permitted
to exceed 150 feet in total height above ground level: electric transmission
and distribution towers, telephone poles and similar utility structures.
This exemption shall not apply to historic districts, within 150 feet
of the right-of-way of any scenic roadway or in designated scenic
viewsheds.
(4)
Height, Personal Wireless Service Overlay Districts.
Personal wireless service facilities in Personal Wireless Service
Overlay Districts may be built to a height of up to 150 feet above
ground level, provided that such structure and site are designed to
accommodate a total of four licensed carriers. Said wireless facilities
which can only accommodate a total of three licensed carriers shall
not exceed 135 feet above ground level. Said wireless facilities which
can only accommodate a total of two licensed carriers shall not exceed
120 feet above ground level. Said wireless facilities which can only
accommodate a single licensed carrier shall not exceed 105 feet above
ground level.
(5)
Setbacks. All personal 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:
(a)
In order to ensure public safety, the minimum
distance from the base of any ground-mounted personal wireless service
facility to any property line, road or habitable dwelling, business
or institutional use, or public recreational area shall be determined
and documented by an independent, certified engineering firm to determine
the structural integrity and fall zone of the proposed structure for
each contract agreement and/or renewal. These findings, including
all signed and certified documentation, will be submitted to the Town
of Harwich Planning Board at the specified site plan review public
hearing for review and approval. This fall zone engineering certification
and inspection process shall be at no cost to the Town of Harwich.
(b)
In the event that an existing structure is proposed as a mount for a personal wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of preexisting, nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities, except as provided in Subsection C(6) below.
(6)
In reviewing a special permit application for a personal
wireless service facility, the Planning Board may reduce the required
fall zone and/or setback distance of the zoning district by as much
as 50% of the required distance if it finds that a substantially better
design will result from such reduction. In making such a finding,
the Planning Board shall consider both the visual and safety impacts
of the proposed use.
All personal wireless service facilities shall
comply with the performance standards set forth in this section.
A.
Design standards.
(1)
Visibility/camouflage. Personal wireless service facilities
shall be camouflaged as follows:
(a)
Camouflage by existing buildings or structures.
[1]
When a personal wireless service facility extends
above the roof height of a building on which it is mounted, every
effort shall be made to conceal the facility within or behind existing
architectural features to limit its visibility from public ways. Facilities
mounted on a roof shall be stepped back from the front facade in order
to limit their impact on the building's silhouette.
(b)
Camouflage by vegetation. If personal 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 understory vegetation in all directions to
create an effective year-round visual buffer. Ground-mounted personal
wireless service facilities shall provide a vegetated buffer of sufficient
height and depth to effectively screen the facility. Trees and vegetation
may be existing on the subject property or installed as part of the
proposed facility or a combination of both. The special permit granting
authority shall determine the types of trees and plant materials and
depth of the needed buffer based on site conditions.
(c)
Color.
[1]
Personal 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 personal wireless service
facilities extend above the height of the vegetation immediately surrounding
them, they shall be painted in a light grey or light blue hue which
blends with sky and clouds.
(2)
Equipment shelters. Equipment shelters for personal
wireless service facilities shall be designed consistent with one
of the following design standards:
(a)
Equipment shelters shall be located in underground
vaults;
(b)
Equipment shelters shall be designed consistent
with traditional Cape Cod architectural styles and materials, with
a roof pitch of at least 10/12 and wood clapboard or shingle siding;
or
(c)
Equipment shelters shall be camouflaged behind
an effective year-round landscape buffer, equal to the height of the
proposed building, and/or wooden fence. The special permit granting
authority shall determine the style of fencing and/or landscape buffer
that is compatible with the neighborhood.
(3)
Lighting, signage and security.
(a)
Personal wireless service facilities shall be
lighted only if required by the Federal Aviation Administration (FAA).
Lighting of equipment structures and any other facilities on site
shall be shielded from properties. There shall be total cutoff of
all light at the property lines of the parcel to be developed, and
footcandle measurements at the property line shall be 0.0 initial
footcandle when measured at grade.
(b)
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with Article VII, Sign Regulations, of this bylaw.
(c)
All ground-mounted personal wireless service
facilities shall be surrounded by a security barrier.
(4)
Historic buildings and districts.
(a)
Any personal wireless service facilities located
on or within an historic structure shall not alter the character-defining
features, distinctive construction methods, or original historic materials
of the building.
(b)
Any alteration made to an historic structure
to accommodate a personal wireless service facility shall be fully
reversible.
(c)
Personal 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.
B.
Environmental standards.
(1)
Personal wireless service facilities shall not be
located in wetlands. Locating of wireless facilities in wetland buffer
areas shall be avoided whenever possible and disturbance to wetland
buffer areas shall be minimized.
(2)
No hazardous waste shall be discharged on the site
of any personal wireless service facility. If any hazardous materials
are to be used on site, there shall be provisions for full containment
of such materials. An enclosed containment area shall be provided
with a sealed floor, designed to contain at least 110% of the volume
of the hazardous materials stored or used on the site.
(3)
Stormwater runoff shall be contained on site.
(4)
Ground-mounted equipment for personal wireless service
facilities shall not generate noise in excess of 50 db at the property
line.
(5)
Roof-mounted or side-mounted equipment for personal
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.
The special permit granting authority shall adopt and may from time to time amend rules and regulations governing the application and approval process for personal wireless service facilities. Special permits and site plan applications for personal wireless service facilities shall be governed by said rules and regulations and the special permit and site plan requirements of Article X.
A.
Licensed carriers shall share personal wireless service
facilities and sites where feasible and appropriate, thereby reducing
the number of personal wireless service facilities that are stand-alone
facilities. All applicants for a special permit for a personal wireless
service facility shall demonstrate a good faith effort to co-locate
with other carriers. Such good faith effort includes:
(1)
A survey of all existing structures that may be feasible
sites for co-locating personal wireless service facilities;
(2)
Contact with all the other licensed carriers for commercial
mobile radio services operating in the County of Barnstable; and
(3)
Sharing information necessary to determine if co-location
is feasible under the design configuration most accommodating to co-location.
B.
In the event that co-location is found to be not feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Planning Board. The Planning Board may retain a technical
expert in the field of RF engineering 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 Town may deny a special
permit to an applicant that has not demonstrated a good faith effort
to provide for co-location.
C.
If the applicant does intend to co-locate or to permit
co-location, the Planning Board shall request drawings and studies
which show the ultimate appearance and operation of the personal wireless
service facility at maximum capacity.
D.
If the special permit granting authority approves
co-location for a personal wireless service facility site, the special
permit shall indicate how many facilities of what type shall be permitted
on that site. Facilities specified in the special permit approval
shall require no further zoning approval. However, the addition of
any facilities not specified in the approved special permit shall
require a new special permit. Estimates of RFR emissions will be required
for all facilities, including proposed and future facilities.
A modification of a personal wireless service
facility may be considered equivalent to an application for a new
personal wireless service facility and will require a special permit
when the following events apply:
A.
After a personal wireless service facility is operational, the applicant shall submit to the Planning Board and Board of Health, within 90 days of beginning operations and at annual intervals from the date of issuance of the special permit, existing measurements of RFR from the personal wireless service facility. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency standards section [§ 325-60C(1)] of this bylaw.
B.
After a personal wireless service facility is operational, the applicant shall submit to the Planning Board and Board of Health, within 90 days of beginning operations and at annual intervals from the date of issuance of the special permit, existing measurements of noise from the personal wireless service facility. Such measurements shall be certified by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards of § 325-60B(4) of this bylaw.
C.
The applicant and co-applicant shall maintain the
personal 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 areas
and landscaping.
A.
At such time that a licensed carrier plans to abandon
or discontinue operation of a personal wireless service facility,
such carrier will notify the Building Official by certified U.S. mail
of the proposed date of abandonment or discontinuation of operations.
Such notice, a copy of which shall be sent to the Planning Board via
regular U.S. mail, 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, any personal wireless service facility
allowed on special permit by this bylaw shall be considered abandoned
upon such discontinuation of operations.
B.
Upon abandonment or discontinuation of use, the carrier
shall physically remove the personal wireless service facility within
90 days from the date of abandonment or discontinuation of use. "Physically
remove" shall include but not be limited to:
(1)
Removal of antennas, mount, equipment shelters and
security barriers from the subject property.
(2)
Proper disposal of the waste materials from the site
in accordance with local and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service
facility to its natural condition, except that any landscaping and
grading shall remain in the after-condition.
Guyed towers, lattice towers, utility towers
and monopoles in existence at the time of adoption of this bylaw may
be reconstructed, altered, extended or replaced on the same site by
special permit from the Planning Board, provided that the Board finds
that such reconstruction, alteration, extension or replacement will
not be substantially more detrimental to the neighborhood and/or the
tower than the existing structure. In making such a determination,
the Planning Board 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. No reconstruction,
alteration, extension or replacement shall exceed the height of the
existing facility by more than 20 feet.
A special permit issued for any personal wireless
service facility over 45 feet in height shall be valid for 15 years.
At the end of that time period, the personal wireless service facility
shall be removed by the carrier or a new special permit shall be required.
The provisions of this article are severable,
and in the event that any provision of this article is determined
to be invalid for any reason, the remaining provisions shall remain
in full force and effect.
