This regulation is designed to provide guidance for the installation
of towers, antennas, and other communication structures for all types
of wireless communication within the Town. This regulation establishes
standards to protect the interests of the general public, provide
for public safety, and minimize visual and environmental impacts on
the Town.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
Aboveground elevation at base of mounting structure.
A device attached to any structure for the purpose of transmitting
or receiving wireless communication.
Above rooftop of supporting building, including any penthouse,
parapet or other similar structure extending above the rooftop.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
Special permit granting authority.
Any structure to which an antenna may be attached for the
purpose of transmitting or receiving wireless communications, including
lattice or monopole towers, water towers and church steeples.
Any structure or device that is used for the express purpose
of conducting wireless communication, including, but not limited to,
antennas, monopoles, satellite dishes over one meter in diameter,
or other such equipment for transferring wireless transmissions, with
or without a building to house and/or maintain such equipment.
A.
No wireless communication facility (WCF), which shall include, but
not be limited to, monopoles, satellite dishes over one meter in diameter
and antennas, shall be erected or installed except in compliance with
the provision of this bylaw:
(1)
No freestanding monopole with associated antenna and panels
shall be erected or installed, nor shall any such monopole be extended
in height, or replaced, nor shall an addition of cells, antennas or
panels be made to such freestanding monopole without a special permit
from the Norton Planning Board.
(2)
No WCF located on an existing structure other than a freestanding
monopole shall hereafter be erected, installed or enlarged, including
any increase in height, except in conformity with an endorsed site
plan from the Norton Planning Board.
B.
Conditions.
(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)
as is technically practicable.
(2)
New wireless communication facilities may be approved upon a
finding by the SPGA that existing facilities or facilities under construction
cannot accommodate the wireless communications equipment planned for
any proposed facility.
(3)
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
(4)
All wireless communications facilities shall minimize, to the
extent feasible, adverse visual effects on the environment. The SPGA
may impose reasonable conditions to ensure this result, including
painting and lighting standards.
(5)
Traffic associated with the tower and accessory facilities and
structures shall not adversely affect abutting ways.
(6)
Applicants proposing to erect a wireless communications facility
on municipally owned land or structures shall provide evidence of
contractual authorization by the Board of Selectmen to conduct wireless
communication services on municipally owned properties prior to issuance
of a building permit.
(7)
Only freestanding monopoles, with associated antennas and/or
panels, are allowed. Monopoles shall not be located on buildings.
The SPGA shall not grant a special permit for lattice towers and similar
facilities requiring three or more legs and/or guy wires for support.
(8)
WCF shall not be located in wetlands. Locating of WCF in wetland
buffer areas shall be avoided whenever possible, and disturbance to
wetland buffer areas shall be minimized.
(9)
No hazardous waste shall be discharged on the site of the WCF.
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.
(10)
Ground-mounted equipment for WCF shall not generate noise in
excess of 50 dB at the line. Roof-mounted or side-mounted equipment
for WCF shall not generate noise in excess of 50 dB at ground level
at the base of the building closest to the antenna.
C.
Maintenance. The landowner of record shall be responsible for ongoing
proper maintenance of the wireless communication facility. Verification
of maintenance and structural integrity shall be required at the request
of the Building Inspector by a certified structural engineer on a
biannual basis.
D.
Removal.
(1)
Any wireless communication facility shall be removed within
three months of abandonment or discontinuation of use. At such time
that a licensed carrier plans to abandon or discontinue a WCF, such
carrier will notify the Town by certified mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. If a carrier fails to remove a WCF within three months
of abandonment or discontinuation of use, the Town shall have the
authority to enter the subject property and physically remove the
facility. "Physically remove" shall include, but not be limited to,
the following:
(a)
Removal of antennas, mount, equipment shelters and security
barriers from the subject property;
(b)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations;
(c)
Restoring the location of the WCF to its natural condition,
except that any landscaping and grading shall remain in the "after"
condition.
(2)
If a carrier fails to remove a WCF in accordance with this section
of this bylaw, the Town shall have the authority to enter the subject
property and physically remove the facility. The Planning Board may
require the applicant to post a bond at the time of construction to
cover costs for the removal of the WCF in the event the Town must
remove the facility.
E.
Exemptions. The following types of wireless communication facilities
are exempt from the special permit requirement of this bylaw and may
be constructed, erected, installed, placed and/or used within the
Town, subject to the issuance of a building permit by the Building
Inspector:
(1)
Amateur radio towers used in accordance with the terms of any
amateur radio service license issued by the Federal Communications
Commission, provided that:
(2)
Towers used for the purposes set forth in MGL c. 40A, § 3.
(3)
Wireless communication facilities such as antennas and panels
installed on other structures, provided that such wireless communication
facilities, including support, are:
(a)
Finished in a manner designed to be aesthetically consistent
with the exterior finish of such structure;
(b)
Mounted in such a manner so that they do not obscure any window
or other exterior architectural feature and extend above the highest
point of the roof by more than 25 feet;
(c)
Comprised of devices which do not individually or in the aggregate
have a front surface facing surrounding streets and adjacent properties
that exceeds 50 square feet in area.
F.
All applications for a building permit shall include color photographs
of the existing structure to which the WCF will be attached and a
color photograph or rendition illustrating the WCF.
A.
Wireless communication facilities shall comply with the dimensional
requirements applicable to structures for the district in which they
are located; provided, however, that the height and setback limitations
for wireless communication facilities shall supersede any limitations
for the district.
B.
Height requirement.
(1)
The SPGA shall limit the tower height to the minimum height
necessary to accommodate the transmitter and receiver for the purpose
of service.
(2)
Any building-mounted wireless communication facilities shall
not exceed 25 feet ART, and the total height from ground level to
top of the facility shall not exceed 125 feet AG.
(3)
Any freestanding WCF shall not exceed 125 feet AG.
C.
Setback requirements.
(1)
Any building-mounted WCF shall conform to setback requirements as set forth in § 175-6.2 of the bylaw.
(2)
The setback of a freestanding WCF from a residential structure
or property line of the lot on which it is located shall be at least
equal to the height of the structure plus 20 feet. The setback of
any such facility shall be a minimum of 300 feet from a residential
lot line.
D.
Except for the replacement of an existing WCF, the SPGA shall not
grant a special permit for a WCF in residential zones.
All persons desiring to erect or modify a WCF shall apply for
a special permit or site plan review in accordance with this bylaw:
A.
No application shall be accepted or acted upon until all the required
information as set forth in the bylaw is provided by the applicant
and all required fees are paid.
B.
All applications for either a special permit or site plan review
shall include the following:
(1)
A locus plan at a scale of one inch equals 40 feet for each
proposed communications structure, showing setbacks of the wireless
communication facilities from surrounding lot lines and indicating
buildings, if any, and colors, landscape, lighting, and fencing, and
all residential districts within 300 feet of the facility.
(2)
Certification by a professional engineer that Federal Communications
Commission (FCC), Federal Aviation Administration (FAA), Massachusetts
Aeronautics Commission, Massachusetts Department of Public Health
and the American National Standards Institute (ANSI) standards, insofar
as they are applicable, have been met.
(3)
Specifications for construction, lighting and wiring in accordance
with state building codes, including a description of the capacity
of the WCF, including the number and types of panels, antennas and/or
transmitter receivers that it can accommodate and the basis for these
calculations.
(4)
A statement of the services to be supported by the proposed
communications structure.
(5)
Evidence, if applicant is the sole user of a structure, that
all reasonable means of co-location for multiple use of antennas elsewhere
have been exhausted.
(6)
Assessor's plan showing proposed locus.
(7)
A completed application form.
C.
Fees for permits shall be established and amended from time to time
by the Board of Selectmen.
D.
The owner of the WCF shall provide to the Town a certificate of insurance
on a commercial general liability (CGL) form. The CGL insurance must
be on an occurrence basis and at a limit as established and as may
be amended from time to time by the Town.
The following guidelines shall be used when preparing plans
for the siting and construction of all WCF requiring either a special
permit or site plan approval:
A.
Any facility shall be designed to be constructed to accommodate its
anticipated and future use and shall be designed to accommodate the
maximum number of users technologically practicable. The intent of
this requirement is to reduce the number of facilities which will
be required to be located within the community.
B.
All WCFs shall be sited in such a manner that the view of the facility
from adjacent abutters, residential neighbors and other areas of the
Town shall be as limited as possible. All monopoles and dishes shall
be painted or otherwise colored so as to blend in with the landscape
or the structure on which they are located. A different color scheme
shall be used to blend the structure with the landscape below and
above the tree or building line.
C.
Satellite dishes and/or antennas shall be situated on or attached
to a structure in such a manner that they are screened, preferably
not being visible from abutting streets. Freestanding dishes or antennas
shall be located on the landscape in such a manner as to minimize
visibility from abutting streets and residences and to limit the need
to remove existing vegetation. All equipment shall be colored, molded
and/or installed to blend into the structure and/or the landscape.
D.
Fencing shall be provided to control access to WCFs and shall be
compatible with the character of the district.
E.
There shall be no signs, except for announcement signs, "No Trespassing"
signs and a required sign giving the telephone number where the owner
may be reached on a twenty-four-hour basis. All signs shall conform
with the Sign Bylaw.
F.
Lighting shall be limited to that needed for emergencies and/or as
required by the FAA, local, state or federal authorities, and shall
be directed in such a way as to minimize glare and cause the least
amount of interference with and light spillover onto neighboring properties.
G.
There shall be a minimum of one parking space for each WCF, to be
used in connection with the maintenance of the site and not to be
used for the permanent storage of vehicles or other equipment.
H.
Accessory uses shall be limited to one structure per use per WCF,
but shall not exceed six structures per WCF. If more than one use,
the accessory building shall be connected by a common wall. Each structure
shall not exceed 400 square feet in size and 10 feet in height and
shall be designed to architecturally blend in with the surrounding
buildings or structure.
Upon receipt of a special permit from the SPGA, an applicant
shall apply to the Building Inspector for a permit to construct a
WCF and shall provide written evidence that all pre-construction conditions
as may be part of the special permit decision have been satisfied.
