[Added 11-1-2005 STM by Art. 2; amended 5-1-2006 ATM by Art.
22;
1550.1
For the purposes of this Article 15A, "wireless communications facility" shall have the same meaning as in § 198-104.2, and "wireless communications services" shall have the same meaning as in § 198-1501.1. The purpose of this article is to establish a district on or near the top of a geographically prominent hill in the Town, which has long been the subject of study and planning for wireless use in the Town, and in which wireless communications services may be provided while preserving and protecting the public health, safety and general welfare, while fulfilling the purposes of the Federal Telecommunications Act regarding provision of personal wireless services to the area capable of being served by the Planned Wireless Communications Services District and minimizing the number of wireless communications facilities in the Town. The Planned Wireless Communications Services District has been created specifically to protect the general public from hazards, minimize visual impacts, protect the scenic, historic, natural and human-made resources of the Town and protect property values.
1551.1
The Planned Wireless Communications Services
District shall be located on land on Reeves Hill, so-called, as shown
on Plate 34 of the Atlas of the Town of Wayland, Massachusetts, 1996,
numbered as Parcels 34-026, 34-027, and 34-026A, and as shown on the
plan entitled "Town of Wayland Planned Wireless Communications Services
Zoning Overlay District," prepared by the Town of Wayland Survey Department,
41 Cochituate Road, Wayland, MA 01778, dated August 11, 2005, a copy
of which is on file in the office of the Town Clerk.
1551.2
The Planned Wireless Communications Services
District shall be construed as an overlay district with regard to
said locations. In the Planned Wireless Communications Services District,
all requirements of the underlying zoning district shall apply to
uses other than a wireless communications facility or facilities;
and the use and design restrictions of the Planned Wireless Communications
Services District shall specifically apply to all wireless communications
facilities.
1552.1
One wireless communications monopole may be constructed, operated, maintained and used by up to four wireless carriers in the Planned Wireless Communications Services District as of right, upon the issuance of a building permit therefor, provided that the proposed facility complies with the requirements of the State Building Code, 780 CMR, as applicable, plan entitled "Town of Wayland Planned Wireless Communications Services Zoning Overlay District," prepared by the Town of Wayland Survey Department, 41 Cochituate Road, Wayland, MA 01778, dated August 11, 2005, a copy of which is on file in the office of the Town Clerk, and with the Design Restrictions set forth below. A wireless communications facility conforming to the requirements of Article 15A may be constructed, operated, maintained and used in the Planned Wireless Communications Services District without the need for a special permit pursuant to § 198-203 and without the need for site plan approval under Article 6 of this Zoning Bylaw.
1553.1
A wireless communications facility in the Planned
Wireless Communications Services District shall conform to the design
restrictions set forth in this section.
1553.2
A free standing wireless communications facility
in the Planned Wireless Communications Services District shall be
designed as a monopole tower with internally or closely ("flush")
mounted antenna panels (with appropriate allowance for antenna tilting
to meet coverage objectives consistent with minimizing adverse visual
impact of the antennas) except as provided in § 1557.1 regarding
equipment of the Town.
1553.4
A wireless communications monopole in the Planned
Wireless Communications Services District shall be designed to conform
to all applicable state structural and engineering codes, including,
but not limited to, the State Building Code, 780 CMR.
1554.1
The application for a building permit for a
wireless communications facility in the Planned Wireless Communications
Services District shall contain all of the information ordinarily
required for a building permit for a communications tower or other
unmanned structure, as applicable; provided, however, that the plans
submitted with the application for a building permit ("Plans") shall
be in lieu of an approved site plan for the proposed facility.
1554.2
Construction drawings for the proposed facility shall be consistent with the Plans identified in § 198-1554.1, and shall be stamped by a Massachusetts-registered professional engineer.
1554.3
The application for a building permit for a
wireless communications facility in the Planned Wireless Communications
Services District shall be made by or on behalf of: (i) an FCC-licensed
wireless communications carrier; or (ii) by a tower building company
or other person or entity having a binding lease or other agreement
with at least one FCC-licensed wireless communications carrier to
locate on the tower at the time it is constructed.
1554.4
The application for a building permit for a
wireless communications facility in the Planned Wireless Communications
Services District shall include a copy of the publicly available manufacturer's
specification sheets for (i) the antennas, cables, and other equipment
to be internally or flush mounted on the tower, and (ii) each equipment
cabinet or equipment shelter proposed to be used for ground equipment
within the fenced equipment compound at the base of the tower.
1555.1
The tower owner and each of its tenants will
carry during the term of their use the following insurance: (i) "all
risk" property insurance for its property's replacement cost; (ii)
commercial general liability insurance with a minimum limit of liability
of $5,000,000 combined single limit for bodily injury or death/property
damage arising out of any one occurrence, naming the Town of Wayland
as an additional insured if permitted by the insurer; and (iii) workers'
compensation insurance as required by law. Annual proof of the insurance
must be filed with the Town Clerk.
1555.2
Except as provided in § 198-1557.3, within six months of the termination of use of the tower, the tower owner and its tenants will remove all of their respective aboveground improvements and the tower owner will restore the site to its condition at the commencement of the tower use, reasonable wear and tear and loss by casualty or other causes beyond its control excepted. The tower owner and its tenants will be responsible for reasonably replacing trees, shrubs and other vegetation at the site, but will not be required to remove from the site any below-ground foundations or underground utilities.
1555.3
To ensure removal of the tower after termination
of use of the tower, the tower owner must obtain a performance bond
or other form of financial security, in an amount consistent with
a removal cost estimate stamped by a Massachusetts-registered professional
engineer, and deposit it with the Town, to be used for removal and
site-restoration costs in the event that the tower owner fails to
comply. The tower owner also agrees to allow the Town and its agents
and employees the right to enter the property for the purpose of removing
the monopole in the event that it is not removed after such cessation
of use.
1557.1
The owner of any free standing wireless communications
monopole in the Planned Wireless Communications Services District
shall permit the Town of Wayland to mount antennas and equipment for
the Wayland Police Department, Fire Department or other Town emergency
services on and next to the tower, provided that (i) said Town antennas
and equipment shall not interfere with preexisting wireless communications
services on the monopole, and (ii) the Town shall pay any costs associated
with the installation of the Town's antennas and equipment.
1557.2
Town antennas mounted on the monopole may extend
up to twenty feet above the top of the permitted height of the monopole
and need not be closely mounted to the monopole.
1557.3
In the event of termination, for a continuous period of six months or more, of the use of the tower by all users except for the Town of Wayland, the tower owner may in lieu of removal of the tower convey the tower free of charge to the Town of Wayland, subject to the acceptance of the tower by the Town. In the event that the Town accepts the tower under this provision, the bond referred to in § 198-1555.3 shall thereupon be returned to the tower owner.
1558.1
Any equipment permitted for a wireless communications
facility in the Planned Wireless Communications Services District
may be replaced with equal or similar brands or models and may be
upgraded to newer or technically superior brands or models so long
as there is no change in the monopole design or increase in signal
strength, and if a building permit is required, upon the issuance
of a building permit. Upon request of the Building Commissioner, made
not more frequently than once per year, each carrier shall provide
updated specifications as to its equipment on the monopole in the
Planned Wireless Communications Services District.
1558.2
A major modification to an existing wireless communications facility in the Planned Wireless Communications Services District shall consist of (i) a change in number of buildings or equipment cabinets located on the site compared to that shown on the Plans identified in § 198-1554.1, (ii) an increase in the height of the monopole compared to that shown on the Plans identified in § 198-1554.1, or (iii) an addition to the externally visible equipment including the number of antennas on the monopole compared to that shown on the Plans identified in § 198-1554.1. Notwithstanding the provisions of (i) and (iii) above, any subsequent change that only adds collocators' antennas, buildings, or equipment cabinets for up to a maximum of four wireless carriers shall not constitute a "major modification" and shall not require site plan approval under Article 6 of this Zoning Bylaw, whether or not the change was shown on the Plans identified in § 198-1554.1.
1559.1
APPLICANTS, TOWER OWNER, TENANTS
BUILDING COMMISSIONER
DPH
FAA
FCC
TOWN
ZBA
Definitions. For the purposes of the conditions
below, the following definitions apply:
The applicants for a building permit, the tower owner and
the tower's tenants, respectively.
The Building Commissioner of Town of Wayland (or his designated
agent).
The Massachusetts Department of Public Health (or its successor
agency).
The Federal Aviation Administration (or its successor agency).
The Federal Communications Commission (or its successor agency).
The Town of Wayland.
The Wayland Zoning Board of Appeals.
1559.2
Permits and standards.
1559.2.1.
Other permits: Except to the extent superseded
by or inconsistent with the judgment in the matter AT&T Wireless
Services of Massachusetts v. Town of Wayland, et al., United States
District Court for the District of Massachusetts, Civil Action Docket
No. 04-11807MLW (the "TCA Case"), the applicants must obtain and comply
with all other required municipal, state, and federal permits from
regulatory authorities having jurisdiction in this matter.
1559.2.2.
Structural integrity: The 180-foot monopole
tower must meet the Massachusetts Building Code provisions for seismic
loadings and structural protection from wind and ice and shall be
designed to support a height at least 20 feet above tower height.
1559.2.3.
Radiofrequency emissions: The tenants' use of
the monopole tower must be fully compliant with federal requirements
on radio frequency emissions and the provisions of the Wayland Zoning
Bylaw, § 198-1503.2.16, to the extent lawful, reasonable
and applicable and not inconsistent with regulations adopted by the
FCC.
1559.2.4.
Monitoring standards: Monitoring, testing, and
inspection must be in accordance with the regulations of the FCC and,
to the extent lawful, reasonable and applicable, DPH.
1559.2.5.
ANSI standards: The monopole tower and its transmission
must comply in all respects with the current standards of the American
National Standards Institute (ANSI) and the National Council for Radiation
Protection (NCRP), whichever are stricter, if and to the extent adopted
by the FCC.
1559.2.6.
Construction traffic control: Prior to the issuance
of a building permit and the start of construction, the applicants
must meet with representatives from the Building Department, the Police
Department, the Highway Department, the Conservation Commission, and
any other relevant Town officials to discuss staging areas, traffic
issues, and other construction-related matters. The applicants must
bear the cost of any reasonable and necessary temporary traffic controls
associated with the construction.
1559.2.7.
Construction inspections: An independent, Massachusetts-registered
professional engineer who is not affiliated with any of the applicants,
at the applicants' reasonable expense, must review all the construction
documents, review and approve all quality-control procedures, and
inspect the site at appropriate intervals. The reviews and inspection
results must be included in a certified report, submitted to the Building
Commissioner, attesting that the construction of the facility complies
with the judgment in the TCA Case and other applicable building and
safety codes.
1559.2.8.
Construction: All materials shall be assembled
and constructed on the site by contractors licensed by the Commonwealth
of Massachusetts, with insurance and bonding mutually acceptable to
the applicants and the Wayland Building Commissioner.
1559.2.9.
Maintenance: The monopole tower and associated
equipment mounted on the tower at the site shall be subject to periodic
inspection and maintenance, to ensure their structural and mechanical
integrity, and to avoid structural, mechanical and other failures.
This periodic inspection and maintenance must occur at least every
year. The tower owner must submit a report to the Building Commissioner
indicating, among other details, the date of the inspection, the personnel
performing the inspection, and the results. If any changes or repairs
to the tower are performed as a result of the maintenance inspection,
the tower owner should file a supplemental report after the repairs.
Each report is due within 7 business days of the inspection or repair.
In the event the tower owner fails to conduct a required inspection
or to submit a required report, the Town shall notify the tower owner
and all FCC-licensed carriers collocating on the tower of this alleged
omission; and the tower owner or any carrier collocating on the tower
shall have 45 days to conduct the required inspection and submit the
required report before the Town may commence any enforcement action
with respect thereto. (See also § 198-1559.4.6, below.)
1559.2.10.
Removal: Within six months
of the termination of the use of the tower, the tower owner and its
tenants will remove all of their respective aboveground improvements
and the tower owner will, to the extent reasonable, restore the site
to its condition at the commencement of the tower construction, reasonable
wear and tear and loss by casualty or other causes beyond its control
excepted. Notwithstanding the foregoing, the tower owner and its tenants
will not be required to remove from the site any foundations which
are fully buried or underground utilities, but shall remove any such
materials which reach or protrude above the surface. (See also § 198-1559.4.4,
below.)
1559.3
Visual impact.
1559.3.1.
Screening vegetation: To mitigate against visual
impacts on the neighborhood, the tower owner must, during construction,
not permit any contractor to place or stockpile construction materials
on the root zones of the existing vegetation and mature trees or to
disturb the root zones of the mature trees (the "root zone" being
an area around the base of the tree equal to the width of the canopy).
The tower owner must replace any mature tree on the site that dies
within 4 years of the construction unless the death was from natural
causes or caused by activity other than that of the tower owner or
its tenants. The replacement vegetation must be a fast-growing species
at least 15 feet high when planted.
1559.3.2.
Fencing and landscaping: The fencing surrounding
the installation and accessory equipment, which will serve to control
access to the facilities and the monopole tower, must be an 8-foot-high
locked black or green chain link fence topped by three strands of
barbed wire. The fence must be kept in good repair, at the tower owner's
expense, and screened to the east (except for an access gate) by evergreen
vegetation (at least one row of native evergreen shrubs or trees capable
of forming a continuous hedge at least 10 feet in height within two
years of planting to effectively screen the tower base and accessory
facilities), which vegetation must be also maintained and replaced
if it dies.
1559.3.3.
Lighting and noise: No permanent lighting can
be placed to shine on or otherwise illuminate the monopole, unless
required by the FAA. Lighting on the monopole shall be limited to
that needed for emergencies or as required by the FAA. Any lighting
placed at the base to facilitate inspection and maintenance must be
turned off when the inspection/maintenance personnel are not present.
No flag shall be flown or displayed on the monopole. Noise generation
shall be in accordance with the provisions of the Wayland Zoning Bylaw, § 198-1503.2.17
to the extent reasonable, applicable and lawful.
1559.3.4.
Concealment: All equipment must be concealed
behind the fencing. All antennas must be flush (closely) mounted to
the outside of the monopole tower, with appropriate allowance for
antenna tilting, to meet coverage objectives consistent with minimizing
adverse visual impact of the antennas. The monopole tower must be
constructed to ensure that no portion of the structure falls off in
high winds or ice storms. The monopole tower must have a galvanized
finish and its color shall be a color selected by the ZBA.
1559.3.5.
Collocators: The tower owner must agree to provide
access for FCC-licensed collocators, including space on the monopole
tower and room at the base, within the chain link fencing, for related
ground equipment. The facilities of Cingular Wireless and three additional
FCC-licensed collocators within the tower and within the fence are
hereby approved. All additional collocators must file a separate application
with the ZBA.
1559.3.6.
Signage: The only signs allowed at the facility
are No Trespassing/Private Property warning signs affixed to the fence
and a required sign indicating whom to contact in the event of an
emergency and the telephone number for that contact. As long as the
monopole tower remains in use, this contact information must be kept
current.
1559.4
Indemnities and protections.
1559.4.1.
Indemnification: The tower owner shall indemnify
the Town for any damage to the Town's water supply tanks or other
structures and equipment in the vicinity of the facility caused by
its facility.
1559.4.2.
Corrosion protection: The tower owner must supply
proof that the manufacturer of the tower has added corrosion protection
for the monopole and the base of the tower. All hardware must be galvanized,
to prevent rust.
1559.4.3.
Liability insurance: The tower owner, each of
its tenants and all applicants will carry from the date of commencement
of construction through the later of the date of removal of the tower
or termination of tower use the following insurance, at a minimum:
(i) "all risk" property insurance for the replacement of all property
on the site at replacement cost; (ii) commercial general liability
insurance with a minimum limit of liability of $5,000,000 combined
single limit for bodily injury or death/property damage arising out
of any one occurrence, naming the Town as an additional insured, if
permitted by the insurer; and (iii) workers' compensation insurance
as required by law. All insurance carriers shall be licensed in Massachusetts.
Annual proof of such insurance must be filed with the Town Clerk.
1559.4.4.
Removal bond: Removal must be conducted in accordance
with § 198-1559.2.10, hereof. To ensure this, the tower
owner must obtain a performance bond or other form of financial security,
in an amount consistent with a removal cost estimate stamped by a
Massachusetts-registered professional engineer and deposit it with
the Town, to be used for removal and site restoration costs in the
event that the tower owner fails to comply. The tower owner also agrees
to allow the Town and its agents and employees the right to enter
the property for the purpose of removing the monopole in the event
that it is not removed after such cessation of use, and applicants
warrant that the lease with the property owner will, for the duration
of the lease, confirm this right to enter.
1559.4.5.
Change in owner or lessee: If the monopole tower
as a whole, or any of its components, is sold, assigned, licensed
or leased to an entity other than the original applicant, the new
owner or lessee must notify the ZBA in writing, within seven business
days of the sale or transfer, with its name, address, telephone, and
other contact information. (See also § 198-1559.3.6 above.)
The new owner or lessee shall be subject to all of the provisions
of these conditions.
1559.4.6.
Right to cure: In the event the applicants or
the tower owner or any tenant fails to perform any condition required
of it hereunder within 45 days after receipt of written notice from
the Town specifying the failure, then the Town may commence an enforcement
action with respect thereto; provided, however, that no such failure
will be deemed to exist if the applicants, tower owner or any tenant,
as applicable, has commenced to cure such violation within such period
and provided that such efforts are prosecuted to completion with reasonable
diligence. Delay in curing a violation will be excused if due to causes
beyond the reasonable control of the applicants, tower owner or any
tenant. In the event that a failure presents an imminent threat to
the public health or safety, the Town may commence enforcement action
within a shorter time period as may be warranted by the circumstances.
