[Added 4-13-2000 ATM by Art. 27]
A.
The purpose of this article is to establish an overlay
district in which wireless communications services may be provided
by special permit with minimal harm to the public health, safety and
general welfare. Specifically, the Wireless Communication Services
District has been created to:
B.
For the purposes of this article, "wireless communications
services" shall mean the provision of the following types of wireless
services: telephone, personal communications, Internet and enhanced
mobile radio service and paging. Such services, it is anticipated,
will require installation of facilities, including, but not limited
to, antennas, transmitters/receivers, supporting structures, principal
and accessory equipment and, in some instances, towers, masts or other
structures. These facilities may be sited only in the Wireless Communications
Services Overlay District.
Collocation or siting on existing facilities
and structures is desired. No special permit or modification of the
conditions of a special permit relating to a facility for wireless
communications services shall be authorized by the special permit
granting authority (SPGA) unless it finds that such facility:
A.
Is necessary to meet current or expected demands for
the services supported by the wireless communications services facility
for the applicant's network;
B.
Conforms to all applicable regulations promulgated
by the Federal Communications Commission (FCC);
C.
Is designed and constructed in a manner which minimizes
its visual impact to the extent practical;
D.
Complies with all other regulations of this article;
and
E.
Is an appropriate site within the technically feasible
area for the location of the wireless communications services facility.
A.
The Wireless Communications Services Overlay District
shall be located as follows:
(1)
Any facility meeting the definition of this article
may, with SPGA approval, be sited in an Industrial District and Limited
Industrial District, provided that no component of the facility is
within 600 feet of a residentially zoned district, historical district,
historical site, archeologically significant site, schoolground or
park, notwithstanding the Town's boundary.
(2)
Any facility meeting the definition of this article
may, with SPGA approval, be sited on a Town-owned water tank, provided
that the transmitters/receivers do not extend above the tank by more
than five feet and that the transmitters/receivers are screened in
such a way that they appear to be part of the tank.
(3)
Any facility meeting the definition of this article
may, with SPGA approval, be collocated on an existing dedicated telecommunications
structure, electric transmission or distribution tower, lighting pole
or standard or utility pole or transmission wire between utility poles
designed for that purpose, provided that the existing structure or
pole is not increased in height, the wireless communications equipment
does not present an unusual hazard should it fall and the wireless
communications equipment so mounted does not detract from the visual
appearance of the surrounding neighborhood.
(4)
Any facility meeting the definition of this article
and which has all components entirely concealed from view from all
exterior vantage points at existing grade or is fully camouflaged
so as to blend indiscernibly, in the opinion of the SPGA, in with
the natural and man-made features surrounding the site and normally
existing in communities such as Wakefield in eastern Massachusetts,
may be sited in an Industrial District, Limited Industrial District
or Business District, provided that no component of the facility is
within 250 feet of a residentially zoned district, historical district,
historical site, archeologically significant site, schoolground or
park, notwithstanding the Town's boundary.
B.
The Wireless Communications Services District shall
be construed as an overlay district with regard to said locations.
All requirements of the underlying zoning district shall remain in
full force and effect except as may be specifically superseded herein.
C.
For purposes of this section "historical site" and
"archeologically significant site" are those historical sites or archaeologically
significant sites (a) which are listed on the National Register of
Historic Places or (b) which are on an inventory provided to the Building
Inspector by the Wakefield Historical Commission and on file with
the Massachusetts Historical Commission and have been designated as
significant buildings or sites after a finding by the Wakefield Historical
Commission that buildings or structures are either:
[Added 4-8-2002 ATM by Art. 38]
(1)
Importantly associated with one or more historic persons
or events, or with the architectural, cultural, political, economic
or social history of the Town of the Commonwealth; or
(2)
Historically or architecturally significant (in terms
of period, style, method of building construction, or association
with a famous architect or building); or
(3)
Of archaeological importance as designated by the
Massachusetts Historical Commission.
[1]
Editor's Note: Pursuant to the 7-11-2000 letter
from the Office of the Attorney General, this section shall be given
the following construction: "There shall be an overlay district within
which, subject to stated separations, facilities may be installed
consisting of the underlying industrial, limited industrial, and business
districts; and in addition to the overlay district, facilities may
be installed, subject to stated conditions, in any district on the
structures and objects specifically identified in Subsections (2),
(3), and (4)."
The following types of wireless communications
facilities are exempt from this article.
A.
Amateur radio installations used in accordance with
the terms of any amateur radio service license issued by the Federal
Communications Commission, provided that the facility is not used
or licensed for any commercial purpose.
B.
Towers and antennas erected by the Town of Wakefield
exclusively for public safety or other Town communications purposes.
A.
An application for a special permit shall be filed in accordance with § 190-73.
[Amended 4-8-2002 ATM by Art. 39]
(1)
Site plans prepared by professional engineers, architects
and landscape architects, as appropriate, that are registered in the
State of Massachusetts. Plan shall be submitted at a scale of 1:40
showing the following:
(a)
Tower location and tower height.
(b)
Accessory buildings.
(c)
Topography.
(d)
Fencing and landscaping.
(e)
Access and parking.
(f)
Lighting.
(g)
Areas to be cleared of vegetation and areas
of proposed earth removal or earth fill.
(h)
Site boundaries.
(i)
Abutters and other property owners within 300
feet of the site boundaries.
(j)
All existing structures within a radius of 600
feet from the transmitter/receiver, and all existing and proposed
structures on the site of the proposed facility. (The use, whether
residential, business, industrial, educational, institutional or any
other use, of all structures shown shall be designated on the plan.
Structures that do not have human occupancy shall be so designated.)
(k)
Tree cover on the subject property and adjacent
properties within 600 feet from the transmitter/receiver, by dominant
species and average height, as measured by or available from a verifiable
source.
(l)
All other items required by the Department of
Public Works, 105 CMR 122, Fixed Facilities Which Generate Electromagnetic
Fields in the Frequency Range of 300 kHz to 100 GHz and Microwave
Ovens.
(2)
The locus map at a scale of 1:1000 which shall show
all streets, bodies of water, landscape features, historic sites and
habitats for endangered species within 600 feet from the antenna;
the "cell" region to be served by the proposed facility; the locations
and areas served by adjacent and overlapping "cells"; and all existing
buildings, structures, towers or other sites within the "cell" of
the proposed facility that are technically feasible as alternative
sites for the proposed facility; all existing wireless communications
facilities and structures with heights exceeding 75% of the height
of the proposed tower within a two-mile radius of the proposed site.
(3)
Photographs of existing site conditions and photographs
to represent the completed facility as follows:
(a)
One eight inch by ten inch photograph of existing
site conditions that are visible from each public road within 600
feet of the proposed facility, and from such other vantage points
as the SPGA may deem necessary to evaluate visual impact of the proposed
facility.
(b)
For each photograph described in (a) above,
a same-size reprint with the proposed facility superimposed to show
what will be visible from the same vantage points.
(c)
At the discretion of the SPGA, realistic renderings
may be substituted for photographs.
(4)
Reports prepared by one or more qualified professional
engineers, which shall:
(a)
Describe the facility and the technical, economic
and other reasons for the tower design.
(b)
Demonstrate that the facility complies with
all applicable standards of the federal and state governments.
(c)
Describe the capacity of the facility, including
the number and types of transmitter/receivers that it can accommodate
and the basis for the calculation of capacity.
(d)
Provide measurements of existing, or ambient,
radio frequency radiation (RFR) at the site, calculations of the maximum
RFR from the proposed facility plus the measured ambient, and certification
that the RFR measurements are accurate and that the proposed plus
ambient RFR meet FCC guidelines.
(e)
Demonstrate that the facility and site comply
with this regulation.
(f)
Demonstrate that the proposed sources of nonionizing
electromagnetic radiation (NIER) will comply with the standards of
the National Council of Radiation Protection (NCRP) and the Massachusetts
Department of Health, whichever is stricter, or as otherwise required
by law.
(g)
Demonstrate that exposures from the electromagnetic
field (EMF) measured at the site boundaries and property lines will
be as low as reasonably achievable and are within limits of all applicable
regulations.
(h)
Demonstrate, for any proposed new tower, that
the tower is essential for one or more of the following reasons:
[1]
The planned equipment would exceed the structural
capacity of existing and approved wireless communications services
facilities or other technically feasible structures, considering existing
and planned uses for those structures.
[2]
The planned equipment would cause radio frequency
interference with other existing or planned equipment, which cannot
reasonably be prevented.
[3]
Existing or approved wireless communications
services facilities or other structures do not have space on which
proposed equipment can be placed so it can function effectively and
reasonably.
[4]
Other technical reasons make it impracticable
to place the equipment proposed by the applicant on existing facilities
or structures.
[5]
The property owner or owner of the existing
tower, etc. or other structure refuses to allow such collocation.
(i)
Document the cost of removal of the wireless
communications services facility, including all equipment, tower structures,
and related construction, without limitation, and for surrounding
property restoration.
(5)
The applicant shall provide a copy of the requests
made by the applicant to the Federal Aviation Administration (FAA),
Federal Communications Commission (FCC), Massachusetts Aeronautics
Commission and the Massachusetts Department of Public Health; and
provide a written statement that the proposed facility complies with
applicable regulations administered by the agency or that the facility
is exempt from those regulations. Copies of the response from each
agency shall also be provided. If such response is not received by
the applicant within 60 days of their first request and within 30
days of their second request, the application will be considered complete.
The applicant shall send any subsequently received agency statement,
if any, to the SPGA.
(6)
A letter from the applicant to the Town of Wakefield
stating whether the applicant intends to lease excess space on the
facility to other potential users at reasonable rental rates and on
reasonable terms. The SPGA may modify this condition if the facility
is attached to an existing structure. The letter shall indicate the
number of collocations possible at the proposed facility and commit
the facility owner and successors in interest to do the following:
(a)
Respond in a timely, comprehensive manner to
a request for information.
(b)
Negotiate in good faith for shared use by third
parties.
(c)
Allow shared use if an applicant for shared
use agrees in writing to pay reasonable rental charges or other consideration
and to pay all costs of adapting the facility or existing users' equipment
to accommodate a shared user without causing uneconomically correctable
electromagnetic interference or causing electromagnetic radiation
in excess of levels set by federal regulations and can otherwise agree
on reasonable business terms and conditions for shared use of the
facility.
(d)
Respond to inquiries for shared use with the
information required herein.
B.
Between submittal and the date of advertisement of
the public meeting, upon 14 days' notice which must be submitted to
the SPGA in writing at a regular public meeting and published in a
newspaper in general circulation in the Town of Wakefield, the applicant
shall erect a suitable temporary demonstration structure at the site
to the height of the proposed tower, if any. A suitable temporary
demonstration structure shall be either an extended crane, a balloon
of suitable size and color to be clearly visible from a distance of
one mile or such other temporary structure meeting the approval of
the SPGA and the Building Official of the Town of Wakefield. Such
temporary demonstration structure shall remain in place for three
consecutive days, one of which must be a weekend day, for at least
eight daylight hours each day.
C.
When a special permit is sought to collocate facilities
on a common tower or site, the SPGA may, at it sole discretion, authorize
reduction of submittal requirements. Applicants seeking relief under
this provision shall submit to the SPGA, in advance of the filing
of an application for a special permit, a specific written request
for relief from submittal requirements. This written request shall
describe, in sufficient detail for the SPGA's evaluation, the nature
and extent of the proposed changes that will occur at the site and
the specific submittal requirements that are requested to be waived.
A.
Site plan approval and a special permit shall be granted
by the SPGA in accordance with the Massachusetts General Laws, the
provisions of this chapter for wireless communications services facilities
and all other applicable bylaws, rules and regulations, ordinances
and standards of any kind legally binding within the Town of Wakefield
and the district in which the facility is proposed.
B.
Any extension, addition of equipment or construction
or installation of new or replacement towers or transmitters/receivers
shall be subject to an amendment of the special permit, following
the same procedures as for an original grant of a special permit.
A.
The facility shall be located in accordance with the
Federal Communication Commission (FCC) and FAA regulations in effect
at the time of construction. Furthermore, the operation of the facility
shall comply with all requirements of these agencies.
B.
Irrespective of the all other setback requirements
of this chapter, all towers shall be set back from all property lines
by a distance that is at least equal to the height of the tower plus
ten feet. For the purpose of this requirement and all other relevant
requirements in this chapter, the height of the tower shall be measured
from the average ground elevation at the perimeter of the tower foundation
to the top of the highest element of the tower and of all components
mounted on the tower, whichever is highest.
C.
The distance from the tower to all buildings with
a primary use which includes human occupancy shall be not less than
the height of the tower plus 10 feet.
D.
In reviewing a special permit application for a wireless services facility, the SPGA may reduce the tower setback requirements of § 190-90 and the limits on distance to buildings with a primary use that includes human occupancy 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 finding, the SPGA shall consider both the visual and safety impacts of the proposed use.
E.
Eight-foot-high fencing shall be provided to control
access to the base of any tower; such fencing shall be compatible
with the character of the Town and the surrounding neighborhood and
shall not include barbed wire or razor wire. Irrespective of fencing,
towers shall be designed to prevent climbing by unauthorized personnel,
nor shall there be any permanent climbing pegs within 30 feet of the
ground on any tower.
F.
The applicant shall demonstrate to the satisfaction
of the SPGA that the location of any tower is suitable and that the
size and height are optimal to minimize impact, including visual impact,
on the site, abutters, the neighborhood and the Town of Wakefield.
G.
There shall be no signs, except for signs required
by regulation, no trespassing signs and a sign identifying the owner
and giving a telephone number where the owner can be reached on a
twenty-four-hour basis and such other emergency and safety information
as shall be deemed advisable. Expressly prohibited are signs providing
any form of advertisement, whatsoever, as well as any signs that provide
any information except that required by regulation or for safety and
emergency, unless specifically provided herein. All signs shall comply
with this chapter, unless required otherwise by regulation.
H.
Accessory use structures shall be limited to one structure
per user per tower, but shall not exceed ten structures per tower.
Unless the applicant demonstrates to the satisfaction of the SPGA
that alternative arrangements would be more beneficial to the impact
on the surrounding neighborhood, each accessory structure on a site
with more than one accessory structure shall be connected to at least
one other accessory structure by a common wall, and all accessory
buildings shall be of similar architectural design and appearance.
The architectural design and appearance shall complement the neighborhood.
Unless the applicant demonstrates to the satisfaction of the SPGA
that a larger structure is essential, each accessory structure shall
not exceed 400 square feet in plan nor 10 feet in height.
I.
Site clearing shall be performed in a manner which
will maximize preservation of natural beauty, conservation of natural
resources, and visual shielding of the facility (including towers,
if any) and will minimize marring and scarring of the landscape or
silting of streams or other water resources.
J.
The facility shall be provided with vegetative and
landscaping screening of the base area as stipulated by the SPGA.
K.
Ground-mounted equipment shall not generate noise
in excess of 50 db at the property line.
L.
Roof-mounted or side-mounted equipment shall not generate
noise in excess of 50 db at the closest ground level at the base of
the building.
M.
No outside storage of vehicles, materials or waste
shall be allowed, except for limited periods when the facility is
undergoing additions, repair, service or renovation.
N.
Visual impacts of the facility shall be minimized.
O.
Whenever feasible, equipment shall be mounted on existing
buildings or structures and designed and installed to blend into the
appearance and architecture of the building or structure so as to
maximize concealment and minimize disruption of the appearance of
the building or structure.
P.
Equipment, including but not limited to transmitters/receivers,
accessory equipment and all related support components, mounted on
existing buildings or structures shall be designed and installed to
minimize visual impact and to maximize public safety.
Q.
When it is not feasible to mount equipment on buildings or structures as provided in Subsection P above, equipment mounted on buildings shall be placed at a height and distance from the building features (such as the roof edge) so as to minimize, in the opinion of the SPGA, the visual impact on the surrounding area.
R.
Equipment mounted on buildings shall be shielded from
view using technologically suitable materials that are intended and
designed to cause the equipment to blend to the maximum extent possible,
in the opinion of the SPGA, with the building and its surroundings.
S.
Equipment mounted on buildings and structures shall
not project more than 10 feet above its mounting point on the building
or structure, nor more than 10 feet above the height limit of the
zoning district within which the facility is located, unless the equipment
is entirely concealed within an existing building or structure.
T.
To justify the installation of a tower, the applicant
shall demonstrate that alternative sites on existing buildings, structures
or towers technically are not possible to serve the intended "cell"
area or that the costs to install and maintain the facility on technically
feasible alternative sites are at least three times the cost to install
and maintain the tower and the facility on the proposed site. Alternatively,
the applicant may justify the installation of a tower if the applicant
demonstrates, to the satisfaction of the SPGA, that installation of
the proposed tower will result in a net decrease in impact on the
community by the reduction or elimination of facilities elsewhere
within the community.
U.
The applicant shall demonstrate that proposed towers
are of the minimum height necessary to accommodate the transmitter/receiver.
No tower may extend more than 20 feet above the average building height
or canopy height of trees, whichever is higher, in the area within
600 feet of the tower.
V.
All towers shall be monopole in type. Lattice towers
are prohibited, as are towers that require guy wires for support.
W.
The color of all towers shall be as approved by the
SPGA with the intent of minimizing the visual impact on the surrounding
area.
X.
Night lighting of towers shall be prohibited unless
required by the FAA. Lighting shall be limited to that needed for
emergencies and/or as required by the FAA.
Y.
Siting of towers shall be such that the view of the
tower from surrounding areas shall be as minimal as possible.
Z.
Shared use of towers is encouraged. When technically
not practical and more than one tower is to be placed on a site, towers
shall be separated on the site so that one tower will not strike another
if the support structure of one fails.
AA.
Towers shall be designed to accommodate the maximum
number of uses technologically practical.
BB.
Transmitter/receiver arrays mounted on towers shall
be of the minimum size and mounted as close to the tower as technically
feasible.
A.
The facility and its transmissions shall comply in
all respects with the current standards of the American National Standards
Institute (ANSI) and the National Council for Radiation Protection
(NCRP), or as otherwise required by law.
B.
Facilities or their components, including but not
limited to any and all transmitters/receivers, equipment, support
structures, towers, fencing, and accessory structures, which cease
to be used for a period of six months shall be removed within one
year of cessation of use or when the facility becomes technically
obsolete, whichever comes first. The applicant shall submit a written
agreement to remove all components of the facility, without limit,
at his own expense in such an event.
C.
The owner shall maintain the facility in a safe manner.
The owner shall maintain the facility such that its appearance does
not degrade over time.
A.
Insurance in a reasonable amount determined and approved
by the SPGA shall be in force for the entire period that the facility
is in place to cover damage from the structure, damage from transmissions
and other site liabilities. At the SPGA's discretion, the SPGA may
consult, at the applicant's expense, with up to three insurance companies
that issue such insurance for the purpose of determining the amount
of insurance that is reasonable. Annually, the owner shall file with
the Building Official a certificate of insurance as proof of coverage.
B.
Prior to issuance of a building permit, the applicant
shall provide a financial security bond for the removal of the wireless
communications services facility with the Town of Wakefield as the
assignee, in an amount approved by the SPGA, but not less than twice
the certified cost of said removal.
C.
Annually, the holder of the special permit shall file
with the Building Official certification demonstrating continuing
compliance with the standards of the Federal Communications Commission,
Federal Aviation Administration, American National Standards Institute,
and the Massachusetts Department of Public Health, to the extent that
standards of these organizations apply to the approved facility.
D.
Every fifth year after construction is commenced,
towers shall be inspected for structural integrity by a professional
engineer registered in the State of Massachusetts and retained by
the facility owner(s) and/or operator(s), and a copy of the inspection
report shall be submitted to the Building Official within 14 days
of its issuance.
