The purpose of these regulations is to promote the health, safety,
convenience, and welfare of the inhabitants of Medfield, more specifically
to minimize negative visual impacts and preserve natural vistas by
providing for controlled placement and operation of certain radio
communications facilities and towers within the Town. Placement is
controlled by establishing a limited number of permitted locations,
minimizing the number and overall height of towers, encouraging shared
use of structures, and limiting new construction to that necessary
to provide personal wireless services.
As used in this Article, the following terms shall have the
meanings indicated:
APPLICANT
An entity authorized by the FCC to provide personal wireless
services that files an application, or is the holder of a special
permit pursuant to this Article; if the applicant is not the landowner,
the landowner(s) shall file as co-applicant(s).
APPLICATION
A petition for a special permit for a personal wireless facility
submitted by an applicant to the Board of Appeals under the auspices
of this Article, and which fulfills all of the Board of Appeals filing
requirements defined in this Bylaw.
PERSONAL WIRELESS ANTENNA
A surface used to transmit and/or receive signals between
a personal wireless facility and subscribers.
PERSONAL WIRELESS EQUIPMENT
Apparatus employed by a provider of personal wireless services
strictly to operate a personal wireless facility. Such apparatus typically
includes transmission/reception electronics, network interconnection
equipment, power supply equipment, and control and processing equipment.
PERSONAL WIRELESS FACILITY
An arrangement of transmitting/receiving equipment, network
interconnection equipment, and transmit/receive antenna(s) operated
by a personal wireless service at one location that provides service
to a geographic area.
PERSONAL WIRELESS SERVICE
Radio communications services specifically identified by
the FCC (Federal Communications Commission) as personal wireless services.
Such services include cellular services, personal communications services,
and enhanced specialized mobile radio services, among others.
PERSONAL WIRELESS TOWER
A self-supporting lattice structure, a monopole, or other
structure erected for the primary purpose of supporting personal wireless
antennas at a personal wireless facility.
RADIO COMMUNICATIONS
All forms of communication which transmit radio frequency
or microwave signals.
All applications for personal wireless towers or personal wireless facilities shall be made and filed in accordance with the requirements of the Board of Appeals. In addition to filing requirements detailed in §
300-14.10A of this Bylaw, the following are required to be filed with an application:
A. A locus plan, which in printed form is of an appropriate scale, showing
elevation contours, all property lines, structures, and landscape
features within 500 feet of the property line, the proposed tower
and/or accessory building, access way, and fencing.
B. Design drawings showing the elevation and plan views of the proposed
personal wireless facility and a photograph or rendition of outdoor
views of the proposed personal wireless tower, personal wireless antennas
or the enclosure(s) within which the antennas are concealed, personal
wireless equipment or fenced area, and/or personal wireless facility
accessory building; photographs of the proposed location from the
property lines. The Board of Appeals may request an applicant to demonstrate
the visual impact of proposed installations by providing, at applicant's
expense, one or more of the following:
(1) Sight-line drawings to specific locations identified by the Board
of Appeals;
(2) A visual demonstration of visibility in which a balloon, crane or
other representative object shall be placed at the height of the proposed
tower and at an alternative location on or off the proposed site as
determined by the Board of Appeals; the date, time and location of
such test shall be advertised, at the expense of the applicant;
(3) Photographic simulations based on the results of a visual demonstration
and prepared by a qualified individual; and
(4) Other measures requested by the Board.
C. The following information prepared by one or more qualified individuals:
(1)
A description of the facility and/or tower proposed.
(2)
A description of the reasons the facility is proposed, the reason
the location is proposed, and a rationale for the height proposed.
(3)
Verification that the facility will be in compliance with federal
and state regulations.
(4)
A description of tower capacity for additional personal wireless
antennas.
(5)
A description of site capacity for additional personal wireless
facilities.
D. A description of how the proposed personal wireless facility integrates
with preexisting personal wireless facilities in and around Medfield;
what current or future planned personal wireless facilities the applicant
is pursuing in and around Medfield; and a description of how the applicant's
network in and around Medfield will evolve based on market trends,
emerging technologies and the like.
E. Submission of an application for a special permit obligates the applicant
to pay review expenses determined by the Board of Appeals. Applications
must include a deposit of $5,000 for each proposed personal wireless
facility, which funds will be used to pay reasonable costs associated
with the Board's review of the application, including fees for outside
consultants with expertise in structural engineering, wireless communications
technology, wireless communications law and other relevant fields
of experience, as determined necessary by the Board. If fees for such
reviews exceed the amount of the required deposit, the Board of Appeals
may request additional funds from the applicant. Any unused funds
will be returned to applicant after approval, rejection or withdrawal
of the application.
The following guidelines shall be used when preparing plans
to site and construct any personal wireless tower or personal wireless
facility.
A. All personal wireless towers shall be designed to stand at the minimum
height necessary to accommodate planned use and anticipated shared
use, as certified at applicant's expense by a qualified engineer appointed
or approved by the Town. The Board of Appeals may require a personal
wireless tower to be constructed at one height, but with the structural
capacity to be extended to another height in the future.
B. In the IE District, a personal wireless tower with attached antenna(s)
shall not exceed 150 feet in height above the lowest finished grade
contacting the base. A maximum height with antenna(s) of 190 feet
shall be allowed in the IE District if the applicant can make a significant
showing that the low ground elevation prevents satisfactory performance
of a proposed personal wireless facility at 150 feet and lower. A
personal wireless tower shall not be constructed on a building.
C. Personal wireless antennas may be mounted on preexisting structures
in the allowed locations and districts. They shall be mounted no more
than 10 feet above the roofline or top surface of the preexisting
structure. Mounting hardware extending vertically 10 feet or less
above a structure shall not be considered a tower in this Article.
Consideration will be given to disguising or concealing roof- or top-mounted
antennas and hardware.
D. In the IE District, a tower shall be set back a minimum of 50 feet
from any property line. The Board of Appeals may require greater setback
if a benefit is achieved and it is practicable, as determined by the
Board.
E. In districts other than the IE District, a personal wireless tower
shall be no more than 100 feet above the undisturbed natural grade
at the base of the tower.
F. In districts other than the IE District, the minimum distance from
the base of any ground-mounted personal wireless tower to any property
line shall be two times the height of the facility/mount, including
any antennas or other appurtenances. In addition, a minimum distance
of 300 feet from any habitable dwelling is required. The aforementioned
setback is measured from the nearest abutting non-applicant property,
while the 300-foot distance is measured from the nearest non-applicant
habitable dwelling.
G. In the event that a preexisting structure is proposed as a mount
for a personal wireless facility, the setback provisions of the zoning
district shall apply. In the case of preexisting nonconforming structures,
personal wireless facilities, including equipment shelters, shall
not increase any nonconformities.
H. All personal wireless towers and personal wireless facility accessory
buildings shall be sited and landscaped in such a manner that the
view of them from neighboring residences shall be as limited as possible.
They shall be colored in a manner that best blends in with the surroundings,
subject to approval of the Board of Appeals.
I. Personal wireless towers shall be designed to accommodate the maximum
number of personal wireless services practical. The intent of this
requirement is to maximize shared use of towers and limit the number
required to provide satisfactory and competitive personal wireless
service in the Town. In evaluating the maximum number practicable,
the Board of Appeals shall determine whether or not an increase or
decrease in height of a proposed personal wireless tower is justified
to balance the objectives of maximizing collocation and minimizing
the visual impact on the community.
J. Fencing and/or other access control measures shall be employed to
limit access to personal wireless facilities, including personal wireless
towers, personal wireless equipment, and personal wireless antennas.
Outdoor access control measures (such as fencing) shall be compatible
with the character of the area in which they are installed and shall
be approved by the Board of Appeals. In the application, the applicant
shall provide a description of all indoor and outdoor access control
measures planned for the proposed personal wireless facility.
K. Signs shall be limited to those required by federal or state regulation, and those necessary to provide safety information or warnings. Signs shall conform with Article
13.
L. The special permit holder shall maintain with the Medfield Police
Department up-to-date 24-hour emergency contact information for each
personal wireless facility and personal wireless tower permitted.
M. Lighting of personal wireless towers is not allowed unless the applicant
demonstrates to the Board of Appeals that it is essential for safety
and/or is required by the Federal Aviation Administration.
N. A minimum of one on-site parking space shall be available for maintenance
personnel to park their vehicles off-street.
In the event that any provision of this Article
17 shall be determined to be invalid by a court of competent jurisdiction or otherwise, the remaining provisions of this Article
17 not manifestly inseparable from the invalid provisions shall remain in full force and effect.