[Added 5-1-1997; amended May 1998]
The purpose of this section is to establish a district in which
wireless communications services may be provided with minimal harm
to the public health, safety and general welfare. Specifically, the
Wireless Communications Services District has been created to:
[Amended 5-22-2021 ATM
by Art. 3]
See § 1.2.
[Amended 10-22-2009 STM
by Art. 12]
The Wireless Communications Services District shall be located
on all land owned by the Town of Hadley which is held in the care,
custody, management and control of the Board of Selectmen and on all
land located in the Local Business District, Business District and
Industrial Districts. In all other districts of the Town, a wireless
communications facility may be permitted, subject to the provisions
of § 14.6, on buildings or structures in existence on May
1, 1997. 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except as may be specifically superseded herein.
As part of any application for a permit, applicants shall submit,
as a minimum, the information required for commercial site plan approval,
as set forth herein at Section VIII, as may be amended. Applicants
shall also describe the capacity of the tower, including the number
and types of antennas that it can accommodate and the basis for the
calculation of capacity, and any accessory structures. All calculations
shall be certified by, and bear the stamp or seal of, a professional
engineer licensed in Massachusetts.
A wireless communications tower (including antennas and accessory
structures, if any) may be erected in a Wireless Communications Services
District upon the issuance of a special permit by the Planning Board
pursuant to Section VI, subject to site plan approval as set forth
herein at Section VIII, as may be amended (without exemption due to
size of structure), and subject to all of the following conditions:
14.5.1.
To the extent feasible, all service providers shall co-locate
on a single tower. Towers shall be designed to structurally accommodate
the maximum number of foreseeable users (within a ten-year period)
technically practicable.
14.5.2.
New towers shall be considered only upon a finding by the Planning
Board that existing or approved towers cannot accommodate the wireless
communications equipment planned for the proposed tower.
14.5.3.
In no event shall any such tower be located closer than two
miles to any other such tower.
14.5.4.
Tower height shall not exceed 55 feet above the existing terrain.
14.5.5.
A tower shall not be erected nearer to any property line, existing
building or way (public or private) than a distance equal to twice
the vertical height of the tower (inclusive of any appurtenant devices),
measured at the mean finished grade of the tower base.
14.5.6.
No more than one such tower is permitted per lot.
14.5.7.
Accessory structures housing support equipment for towers shall
not exceed 400 square feet in size and 15 feet in height and shall
be subject to site plan approval.
14.5.8.
To the extent feasible, all network interconnections from the
communications site shall be via land lines.
14.5.9.
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
14.5.10.
The tower shall minimize, to the extent feasible, adverse visual
effects on the environment. The Planning Board may impose reasonable
conditions to ensure this result, including painting and lighting
standards.
14.5.11.
Traffic associated with the tower and accessory facilities and
structures shall not adversely affect abutting ways.
14.5.12.
Applicants proposing to erect wireless communications towers,
accessory facilities and structures on municipally owned land or structures
shall provide evidence of contractual authorization from the Town
of Hadley to conduct wireless communications services on municipally
owned property.
14.5.13.
Any proposed extension in the height, addition of cells, antennas
or panels, construction of a new facility, or replacement of a facility
shall be the subject of a new application for an amendment to the
special permit.
A wireless communications facility (other than a wireless communications
tower) may be erected in a Wireless Communications Services District
upon the issuance of a special permit by the Planning Board pursuant
to Section VI, subject to site plan approval as set forth herein at
Section VIII, as may be amended (without exemption due to size of
structure), and subject to all of the following conditions:
14.6.1.
Installations on existing buildings or structures shall be camouflaged
or screened and designed to be harmonious and architecturally compatible
with the building or structure. Any equipment associated with the
facility shall be located within the building or structure to the
extent possible.
14.6.2.
No facility shall project more than five feet above the existing
roofline of the building, or more than five feet out from the plane
of the existing wall or facade to which it is affixed, provided such
projections do not otherwise violate existing yard dimension or setback
requirements.
14.6.3.
Any proposed addition of cells, antennas or panels or replacement
of a facility shall be the subject of a new application for an amendment
to the special permit.
All unused towers or parts thereof or accessory facilities and
structures which have not been used for one year shall be dismantled
and removed at the owner's expense. Prior to issuance of a building
permit for a wireless communications tower, the applicant is required
to post with the Town Treasurer a bond or other form of financial
security acceptable to said Treasurer in an amount set by the Planning
Board. The amount shall be suitable to cover demolition in the event
that the Building Inspector condemns the tower (or parts thereof or
accessory facilities and structures) or deems it unused for more than
a year. The Building Inspector shall give the applicant 45 days' written
notice in advance of any demolition action.
The following types of wireless communications towers are exempt
from Section XIV:
14.8.1.
Amateur radio towers used in accordance with the terms of any
amateur radio service license issued by the Federal Communications
Commission, provided that (1) the tower is not used or licensed for
any commercial purpose, (2) the tower must have a cost or replacement
value of less than $10,000; and (3) the tower must be removed if the
use is discontinued for six months; and
14.8.2.
Satellite dishes and antennas for residential use.
In order to receive approval, all projects or uses must demonstrate
compliance with the standards herein. Strict compliance with the requirements
of these rules and regulations may be waived when, in the judgment
of the Board, such action is in the public interest and not inconsistent
with the Wireless Communications Services District Bylaw.
