The purposes of this bylaw are to:
a.
Preserve the character and appearance of Sharon while allowing adequate
telecommunications services.
b.
Protect the scenic, historic, environmental, natural and man-made
resources of Sharon.
c.
Provide standards and requirements for the regulation, placement,
appearance, camouflaging, construction, monitoring, design, modification
and removal of telecommunications facilities.
d.
Provide a procedural basis for action within a reasonable period
of time on requests for authorization to place, construct, operate,
modify or remove telecommunications facilities.
e.
Locate telecommunications facilities in a manner that protects property
values, as well as the general safety, welfare and quality of life
of the citizens of Sharon and all those who visit this community.
f.
Minimize the total number and height of towers throughout Sharon.
g.
Locate telecommunications facilities so that they do not have negative
impacts, such as, but not limited to, attractive nuisance, excess
noise, excess light and falling objects.
h.
Require owners of telecommunications facilities to design and site
them so as to minimize and mitigate the adverse visual effects of
the towers and facilities.
i.
Require co-location and the clustering of telecommunications facilities,
where possible, consistent with safety and aesthetic considerations.
j.
Otherwise minimize the impact of telecommunications facilities, including
satellite dishes and antennas, on adjacent properties and residential
neighborhoods.
These regulations are intended to be consistent with state and
federal law and, in particular, the Telecommunications Act of 1996
in that:
a.
They do not prohibit or have the effect of prohibiting the provision
of telecommunications services; and
b.
They are not intended to be used to unreasonably discriminate among
providers of functionally equivalent telecommunications services;
and
c.
They do not regulate telecommunications services on the basis of
the environmental effects of radio frequency emissions to the extent
that the regulated services and telecommunications facilities comply
with the FCC's regulations concerning such emissions.
As used in this bylaw, the following terms shall have the meanings
indicated. The word "shall" or "will" indicates mandatory requirements;
"may" is advisory and indicates recommendations that are not mandatory.
Capacity is considered to be "adequate" if the grade of service
is p.05 or better for at least 50% of the days in a preceding month,
prior to the date of application, as measured using direct traffic
measurement of the telecommunications facility in question, where
the blocking of wireless telephone calls is due to frequency contention
at the antenna(s).
Coverage is considered to be "adequate" for a given area
if the telecommunications services provided by a given telecommunications
provider for that area meet reasonable standards of service. Any party
wishing to install additional telecommunications equipment or facilities
in the Town of Sharon must provide sufficient evidence to the SPGA,
subject to independent review pursuant to Subsection 4661, that the
additional telecommunications equipment or facilities are necessary
to provide adequate coverage for the area in question.
A device for transmitting or receiving electromagnetic waves,
which is attached to a tower or other structure. Examples include,
but are not limited to, whip, panel, and dish antenna(s).
The space on a tower or structure to which antennas of a
telecommunications provider are both structurally able and electromagnetically
able to be attached.
The primary sending and receiving site in a wireless telecommunications
network. More than one base station and/or more than one variety of
telecommunications provider can be located at a single telecommunications
facility.
Published by the FCC Office of Engineering and Technology
specifying radio frequency radiation levels and methods to determine
compliance.
Telecommunications equipment or a telecommunications facility
that is disguised, hidden, part of an existing or proposed structure,
or placed within an existing or proposed structure is considered "camouflaged."
The segment of the radiation spectrum from an antenna which
carries one signal. An antenna may radiate on many channels simultaneously.
The use of a single mount on the ground by more than one
telecommunications provider (vertical co-location), and/or several
mounts at an existing site by more than one telecommunications provider.
A structure located at a telecommunications facility designed
principally to enclose telecommunications equipment.
Depicting on a map, by graphical (colors, shading or symbols)
means, the actual or predicted values of signal-coverage parameters
in order to establish adequacy of capacity or coverage.
Unit of measure at the input of a receiver, given its antenna
system gain at a particular frequency, expressed as decibels (dB)
above one milliwatt. Signal predictions with this measure are valid
at one particular frequency, and must identify all receiver and antenna
combinations.
Unit of measure of the field intensity of an electromagnetic
signal, expressed as decibels (dB) above one microvolt per meter,
an absolute measure for describing and comparing service areas, independent
of the many variables (see dBm) introduced by different receiver configurations.
This unit of measure shall be used for coverage prediction plots.
Testing in which reception results, obtained by driving through
an area using a vehicle-mounted receiver, are recorded for analysis.
Preliminary drive tests may be made of existing telecommunications
facility coverage and/or the propagation characteristics of transmission
from a possible telecommunications facility location (using a temporary
antenna and low-power transmitter); follow-up drive testing may be
used after activation of a telecommunications facility and in conjunction
with cell tuning.
As defined in the Sharon Zoning Bylaw, Article V.
The determination that the proposed antenna(s) meets manufacturers'
minimum separation recommendations, given the location and operating
parameters of existing and proposed antenna(s).
The elevation at grade or ground level shall be given as
above mean sea level (AMSL). The height of a telecommunications facility
shall be given as above ground level (AGL). AGL is a measurement of
height from the natural grade of a site to the highest point of a
structure. The total elevation of a telecommunications facility is
AGL plus AMSL.
Electromagnetic field. The radio frequency emissions or radiation
produced by wireless transmitters.
The document required by the FCC and the National Environmental
Policy Act (NEPA) when a telecommunications facility is to be placed
in certain designated areas such as wetlands or other sensitive habitats.
A copy of any EA filed with the FCC shall also be filed with the SPGA.
Effective radiated power.
A property, or any part thereof, which is owned or leased
by one or more telecommunications providers and upon which one or
more telecommunications facilities and required landscaping are located.
The area on the ground within a prescribed radius from the
base of a tower. The fall zone is the area within which there is a
potential hazard from falling debris (such as ice) or collapsing material.
Federal Communications Commission. The government agency
responsible for regulating telecommunications in the United States.
Gigahertz: A measure of electromagnetic radiation equaling
one billion hertz.
A measure of the percentage of wireless telephone calls which
are able to connect to the base station during the busiest hour of
the day. Grade of service is expressed as a number such as p.05, which
means that 95% of callers will connect on their first try. A lower
number (p.04) indicates a better grade of service.
The vertical distance between the highest point of the tower,
including any devices attached thereto, and the grade.
One hertz is the frequency of an electric or magnetic field
that reverses polarity once each second, or one cycle per second.
An entity authorized by the FCC to construct and operate
a telecommunications facility.
References to a facility site location shall include the
exact longitude and latitude to the nearest tenth of a second, with
bearing or orientation referenced to true North.
Any change or proposed change in power input or output, number
of antennas, change in antenna type or model, repositioning of antennas,
or change in number of channels per antenna above the maximum number
approved under an existing special use permit.
Any increase or proposed increase in dimensions of an existing
or permitted tower or other structure designed to support telecommunications
transmissions, receiving and/or relaying antennas and/or other telecommunications
equipment.
Megahertz. A measure of electromagnetic radiation equaling
one million hertz.
The measurement, by the use of instruments in the field,
of nonionizing radiation exposure at a given location.
The testing protocol, such as the Cobbs Protocol (or one
substantially similar, including compliance determined in accordance
with the National Council on Radiation Protection and Measurements,
Reports 86 and 119), which is to be used to monitor the emissions
and determine exposure risk from existing and new telecommunications
facilities upon adoption of this bylaw. As telecommunications technology
changes, the SPGA may require by regulation the use of other monitoring
protocols. A copy of the monitoring protocol shall be kept on file
with the Select Board and the Town Clerk.
A single self-supporting vertical pole with no guy wire anchors,
usually consisting of galvanized or other unpainted metal, or wood,
with below grade foundations. (See "tower.")
Any electromagnetic radiation, including radio frequency
radiation, incapable of producing ions directly or indirectly.
Commercial mobile services, unlicensed wireless services,
and common-carrier wireless exchange access services. These services
include: cellular services, personal communications systems (PCS),
specialized mobile radio services, and paging services.
Radial plots are the result of drawing equally spaced lines
(radials) from the point of an antenna, calculating the expected signal,
and indicating this graphically on a map. The relative signal strength
may be indicated by varying the size or color at each point being
studied along the radial; a threshold plot uses a mark to indicate
whether that point is strong enough to provide adequate coverage;
i.e., the points meeting the threshold of adequate coverage.
Computer-generated estimates of the signal emanating from
antenna(s) or repeater(s) sited on a specific tower or structure,
and prediction of coverage. The height above ground, power input and
output, frequency output, type of antenna, antenna gain, topography
of the facility site and its surroundings are all taken into account
to create these estimates, which are the primary tools for determining
whether a facility site will provide adequate coverage for the telecommunications
facility proposed for that site.
An engineer who specializes in the design, review, and monitoring
of radio frequency technologies.
A low-power receiver/relay transmitter generally of less
than 20 watts' output designed to provide service to areas which are
not able to receive adequate coverage directly from a base station.
A wide angle or panoramic field of sight and may include
natural and/or man-made structures and activities. A scenic view may
be from a stationary viewpoint or be seen traveling along a roadway,
waterway, or path, and may also be to a far away object or a nearby
object.
A locked, impenetrable wall, fence or berm, which completely
seals an area from unauthorized entry or trespass. Razor wire may
not be used. Security barriers shall be compatible with the surrounding
landscape.
The distance between one Telecommunications provider's array
of antennas and another telecommunications provider's array of antennas.
The land area that is, or will be, temporarily or permanently
altered during construction and/or use of any telecommunications tower
or facility. Alterations include all construction activities, fencing,
landscaping, screening, structures, parking facilities, etc. Access
roads and utility lines shall not be considered to be part of the
site, except where specified in these regulations.
The Zoning Board of Appeals shall be the special permit granting
authority for the purposes of this bylaw.
A determination that a tower or structure is capable of carrying
the physical load imposed by the proposed new antenna(s) under all
reasonably predictable conditions as determined by a professional
structural engineering analysis.
Commercial mobile services, unlicensed wireless services,
and personal wireless services. Said services include cellular services,
personal communications services (PCS), specialized mobile radio services,
broadcast and paging services. The FCC regulates such services.
All equipment (including repeaters) at a given site with
which a telecommunications provider broadcasts and receives the radio
frequency waves which carry its services. This equipment may be sited
on one or more towers or structures owned and permitted by another
owner or entity.
All telecommunications equipment and the structures enclosing
or supporting that equipment, such as towers and communications equipment
shelters, at a given location. For the purposes of this bylaw, the
terms "wireless communications facility" and "teleport" shall be governed
by this bylaw's provisions regarding telecommunications facilities.
An entity licensed by the FCC to provide telecommunications
services to individuals or institutions.
A facility using satellite dishes of greater than three feet
in diameter, which are designed to up-link to communications satellites.
Tiled plots result from calculating the signal at uniformly
spaced locations on a rectangular grid, or tile, of the area of concern.
A structure intended to support antenna(s) and associated
equipment.
The following wireless communications facilities are exempted
from the provisions of this bylaw: police, fire, ambulance and other
emergency dispatch, citizen band radio, and towers and equipment used
exclusively by a federally licensed amateur radio operator. Nothing
contained herein shall be deemed to prohibit the construction or use
of an amateur structure by a federally licensed amateur radio operator.
No telecommunications facility or repeater shall be exempt from this
bylaw for any reason, including a facility or repeater which is proposed
to share a tower or other structure with designated exempt uses.
a.
No telecommunications facility shall be erected or installed except
in compliance with the provisions of this section. In all cases, a
special use permit is required from the SPGA. Any proposed major modification
of an existing telecommunications facility or tower shall be subject
to a new application for a special use permit.
b.
Telecommunications facilities may be located in the following zoning
districts:
(1)
Light Industrial District.
(2)
Business District.
(3)
In other zoning districts, antennas may be added to preexisting
structures. These structures must have a clearly defined permanent
nonresidential use in existence for at least one year prior to the
application and:
(4)
In other zoning districts as provided for in the Wireless Communication
Overlay District adopted by the Town of Sharon.
a.
Access roads and above-ground utilities. Where new towers and telecommunications
facilities require construction of, or improvements to, access roads,
said roads, to the extent practicable, shall follow the contour of
the land and be constructed or improved in a manner which creates
minimum environmental and aesthetic harm. Utility or service lines
shall be designed and located so as to protect, and minimize or prevent
debasement of, the scenic character or beauty of the area. The SPGA
shall request comments from the Chiefs (or their designees) of Fire,
Police and other emergency services regarding the adequacy for emergency
access of any planned drive or roadway to the site.
b.
Setbacks for new towers. New towers shall have a fall zone setback
of at least the height of the tower, plus 50 feet, from all boundaries
of the site. This setback requirement is intended to create a fall
zone in the event of a tower collapse. Towers also shall be subject
to the buffer zone setback set forth in Subsection 4627 of this bylaw.
c.
Camouflage and landscape screening. All telecommunications facilities
shall be designed so as to be camouflaged to the greatest extent possible,
including, but not limited to, use of compatible building materials
and colors, screening, landscaping and placement within trees, and
use of alternative-design mounting structures to conceal the presence
of antenna(s) or tower(s). Screening shall be required at the perimeter
of the site. If telecommunications facilities are not camouflaged
from public view by or within existing buildings or structures, buffers
of dense tree growth and year-round visual buffer shall surround them.
Ground-mounted telecommunications equipment shall be enclosed within
a vegetated buffer of sufficient height and depth to provide effective
screening. Trees and vegetation may be existing on the subject site
or installed as part of the proposed telecommunications facility or
a combination of both. The SPGA shall determine the types of trees
and plant materials and depth of the buffer based on site conditions.
If the telecommunications facility is in a wooded area, a vegetated
buffer strip of undisturbed trees shall be retained for at least 50
feet in width around the entire perimeter except where the access
drive is located. The applicant shall post a bond at a local bank
to cover the cost of the remediation of any damage to the landscape
which may occur during the clearing of the site.
d.
Security barriers and signs. Adequate warning signs and security
barriers shall be installed as needed to protect the public and at
a minimum shall meet federal requirements. The visual impact of any
security barriers shall be minimized, consistent with the intended
purpose of the security barriers.
e.
Communication equipment shelters and accessory buildings. Said shelters
and buildings shall be designed to be architecturally similar and
compatible with each other, and shall be no more than 12 feet high.
Said shelters and buildings shall be used only to house telecommunications
equipment related to the site on which they are located. Whenever
possible, these shelters and buildings shall be joined or clustered
so as to appear as one building. Communication equipment shelters
and accessory buildings shall be designed to be consistent with traditional
local architectural styles and materials, with a recommended roof
pitch of at least 10/12 and wood clapboard or shingle siding; or they
shall be camouflaged behind an effective year-round landscape buffer,
equal to the height of the proposed building, and/or wooden fence,
consistent with the Security barrier standards of this bylaw. The
SPGA shall determine the style of fencing and/or landscape buffer
that is compatible with the neighborhood.
f.
Tower finish, tower heights and tower types.
(1)
Tower finish. New towers shall have a galvanized finish unless
otherwise required. The SPGA may require the towers to be painted
or otherwise camouflaged to minimize their visual impact.
(2)
Towers shall be constructed at the minimum height necessary
to accommodate the anticipated use, and may not exceed 120 feet in
height.
(3)
Tower(s) must be of a type that potentially can be used for
co-location. Freestanding monopoles shall be the only permitted type
of tower. Lattice-style towers and similar structures requiring three
or more legs and/or guy wires shall not be permitted. Monopoles shall
not be located atop buildings.
g.
Minimizing the number of required towers/antennas. The use of repeaters
or less intrusive wireless technologies to assure Adequate coverage
and/or capacity, or to fill holes within areas of otherwise adequate
coverage, shall be permitted and encouraged. An applicant who has
received a special use permit under this bylaw may install, with at
least 30 days' written notice to the SPGA, the Board of Health, Conservation
Commission, Building Inspector and Town Clerk, one or more additional
repeaters by right, although site plan review before the SPGA shall
be required. Applicant shall detail the number, location, power output,
and coverage of any proposed repeaters and provide engineering data
to justify their use. Abutters must be notified in accordance with
the applicable site plan review application procedures contained in
Subsections 6320 and 6330 of the Zoning Bylaw of the Town of Sharon.
h.
Commercial advertising. Commercial advertising shall not be allowed
on any antenna, tower, accessory building or communication equipment
shelter, or on any security barrier.
i.
Lighting of towers. Unless required by the Federal Aviation Administration
(FAA), no lighting of tower(s) is permitted. In any circumstance where
a tower is determined to need obstruction marking or lighting, applicants
must seek the least visually obtrusive marking and/or lighting scheme
in their FAA applications. Emergency, safety or security lighting
may be utilized when there are people at the site.
j.
Hazard to air navigation. No tower or telecommunications facility
is permitted that would be classified as a hazard to air navigation,
as defined by FAA regulations in Title 14 of the Code of Federal Regulations,
or as otherwise set forth by the FAA.
k.
Noise. Telecommunications facilities shall be designed in such a
way that sounds from the site shall remain within ambient levels at
the perimeter of the site.
a.
Telecommunications facilities shall be located so as to minimize
the following potential impacts:
(1)
Visual/Aesthetic: Towers shall be sited, where possible, off
ridge lines, and where their visual impact is least detrimental to
scenic views, and shall be camouflaged in accordance with Subsection
4625c.
(2)
Diminution of residential property values, based on supporting
documentation.
(3)
Safety hazards, including, but not limited to, structural failure,
ice accumulation and discharge, excessive electromagnetic radiation
in the event that a tower or telecommunications facility is found
to exceed FCC radiation guidelines at any time, and attractive nuisance.
b.
The following additional criteria for siting decisions shall be applied:
(1)
Shared use of existing telecommunications facilities, such as
co-location, shall be encouraged (if it is demonstrated that safety
is not compromised as a result).
(2)
Telecommunications facilities shall be sited on existing non-telecommunications
structures where not otherwise prohibited by this bylaw.
(3)
Use of municipal, state and federal lands, which comply with
other requirements of this bylaw, and where visual and safety impacts
can be minimized and mitigated, shall be encouraged.
(4)
Use of very low power repeaters to provide adequate coverage,
without requiring new tower(s), shall be encouraged.
c.
Limited number of towers and telecommunication facilities. Towers
and telecommunications facilities shall be located so as to provide
adequate coverage and adequate capacity with the lowest number of
towers, antennas and repeaters which is technically and economically
feasible.
d.
Standards for siting of telecommunications equipment. All dedicated
freestanding telecommunications facilities, with the exception of
repeaters, shall be sited as far away as possible, and in no event
closer than 500 feet horizontally, from existing structures on adjacent
lots, unless otherwise required to comply with this section. No repeater
shall be located closer than 200 feet horizontally to existing structures
on adjacent lots, unless otherwise required to comply with this section,
or more than 35 feet above ground, without demonstration by the applicant
that such placement is the only way in which adequate coverage can
be provided. These restrictions shall not be interpreted to prohibit
the construction of new structures on lots adjacent to telecommunications
facilities.
e.
Environmental standards.
(1)
Telecommunication facilities shall not be located in wetlands
unless approved by the Conservation Commission of the Town of Sharon.
(2)
No hazardous waste shall be discharged on the site of any telecommunications
facility. If any hazardous materials are to be used on the site, there
shall be provisions for full containment and safe removal 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.
(3)
Stormwater run-off shall be contained on-site.
f.
Primary coverage outside Sharon. If the primary coverage area (greater
than 50%) from a proposed telecommunications facility is outside the
Town of Sharon, a special use permit may be denied unless the applicant
can demonstrate that it is unable to locate the proposed telecommunications
facility within the Town or area outside of Sharon which would be
the primary recipient of service from the proposed telecommunications
facility.
All applications for telecommunications facilities shall be
made and filed on the appropriate application form in compliance with
the SPGA's application process. For all applications, three copies
of the following information must be submitted:
a.
A locus plan at a scale of one inch equals 1,000 feet, which shall
show all property lines, the exact location of the proposed telecommunications
facility, streets, landscape features, dwelling units, all buildings
within 500 feet of the site and all abutters to the Site as shown
on the most recent Town Assessor's map.
b.
A color photograph or rendition of the proposed telecommunications
facility with its antennas, panels, and/or satellite dishes. A rendition
shall also illustrate the siting of the telecommunications facility
from the nearest street or streets.
c.
The following information prepared by a professional engineer:
(1)
A description of the telecommunications facility and the technical,
economic and other reasons for the proposed location, height and design.
(2)
Confirmation that the telecommunications facility complies with
all applicable federal and state standards.
(3)
A description of the capacity of the telecommunications facility,
including the number and type of panels, antennas, satellite dishes
and/or transmitter and receiver that it can accommodate and the basis
of these calculations.
d.
If applicable, a written statement that the proposed telecommunications
facility complies with, or is exempt from, applicable regulations
administered by the Federal Aviation Administration (FAA), FCC, Massachusetts
Aeronautics Commission and the Massachusetts Department of Public
Health.
e.
Detailed propagation maps and reports indicating the area to be covered
by the proposed telecommunications facility and the current locations
of existing telecommunications facilities, whether in Sharon or not,
that provide coverage to Sharon, and the areas that are covered by
those sites.
f.
Evidence of need: adequate coverage; adequate capacity.
(1)
Existing coverage. Applicant shall provide written documentation
demonstrating that all existing or proposed telecommunication facilities
in Sharon, in abutting towns, and within five miles of the proposed
site cannot reasonably be made to provide adequate coverage and/or
adequate capacity to the Town of Sharon. For each proposed telecommunications
facility, an identified applicant shall demonstrate with written documentation
that said existing telecommunication facilities are not already providing,
or cannot reasonably be modified or adjusted to provide, adequate
coverage and/or adequate capacity to the Town of Sharon. Said documentation
shall include, for each telecommunications facility listed, the exact
location, ground elevation, height of tower or structure, type of
antenna(s), antenna gain, height of antenna(s) on tower or structure,
output frequency, number of channels, power input and maximum power
output per channel. Potential adjustments to these existing telecommunication
facilities, including changes in antenna type, orientation, gain,
height or power output, shall also be specified. Radial or tiled coverage
plots from each of these telecommunication facilities, as they exist,
and with adjustments as above, shall be provided as part of the application,
along with relevant drive testing and data mapping.
(2)
Repeaters. Applicant shall demonstrate with written documentation
that it has analyzed the feasibility of repeaters in conjunction with
all telecommunications facilities listed in compliance with Subsection
4630f(1) to provide adequate coverage and/or adequate capacity to
the Town of Sharon. Radial or tiled coverage plots of all repeaters
considered for use in conjunction with these telecommunication facilities
shall be provided as part of the application.
(3)
Three year plan. All applications shall be accompanied by a
written three-year plan for use of the proposed telecommunications
facilities. This plan should include justification for capacity in
excess of immediate needs, as well as plans for any further development
within Sharon.
(4)
The SPGA may deny a special use permit if the SPGA:
(i)
Finds that adequate coverage for Sharon can be provided by any existing
or proposed telecommunications facilities, with or without the use
of repeater(s), or can reasonably be provided by modification or adjustments
to said telecommunications facilities; or
(ii)
Sharon already has adequate coverage from this provider.
The following guidelines shall be used when preparing plans
for the siting and construction of all telecommunications facilities,
in addition to all other relevant requirements set forth in this bylaw:
a.
The height of antennas or satellite dishes located on residential
buildings or in the yards of residential structures shall not exceed
the tree line of the lot.
b.
Antennas or satellite dishes located on nonresidential buildings
shall not exceed 10 feet in height above the roof line of the structure,
unless additional height restrictions apply pursuant to Subsection
4620b.
c.
All telecommunications facilities shall be sited in such a manner
that the view of a facility from adjacent abutters, residential neighbors
and other areas of the Town of Sharon shall be as limited as possible.
All monopoles, antennas and satellite dishes shall be camouflaged.
A different coloring scheme shall be used to blend the structure with
the landscape below and above the tree or building line.
d.
Satellite dishes and antennas shall be situated on or attached to
a structure in such a manner that they are screened from view from
abutting streets. Freestanding dishes or antennas shall be positioned
in such a manner so as to minimize visibility from abutting streets
and residences and in such a manner as to limit the removal of existing
vegetation. All telecommunications equipment shall be colored, molded
and/or installed to blend into the structure or landscape.
e.
Telecommunications facilities shall be designed to accommodate the
maximum number of users technologically practical. The intent of this
requirement is to reduce the number of telecommunications facilities
that need to be sited within the Town of Sharon.
f.
There shall be no signs at telecommunications facilities except for
announcement signs, "no trespassing" signs and a required sign giving
a phone number where the owner can be reached 24 hours a day. All
signs shall conform to the Sign Bylaw of the Town of Sharon.[1]
g.
There shall be a minimum of one parking space for each telecommunications
facility, to be used in connection with the maintenance of the facility,
and not to be used for the permanent storage of vehicles or equipment.
a.
Applications for special use permits may be approved, or approved
with conditions, if the applicant can fulfill the requirements of
this bylaw to the satisfaction of the SPGA.
b.
Applications for special use permits shall be denied if the applicant
cannot fulfill or address the requirements of this bylaw to the satisfaction
of the SPGA, unless the SPGA elects to grant a waiver pursuant to
Subsection 4690.
c.
When considering an application for a telecommunications facility,
the SPGA shall place great emphasis on the visual impact of the facility
on residential structures. New telecommunications facilities shall
only be considered after a finding that existing (or previously approved)
telecommunications facilities cannot provide adequate capacity and/or
coverage.
d.
When considering an application for an antenna or satellite dish
to be placed on a structure or in a residential neighborhood, the
SPGA shall place great emphasis on the visual impact of the telecommunications
equipment to the abutting neighborhoods and street(s).
a.
Upon submission of an application for a special use permit under
this bylaw, the SPGA shall hire independent consultants, whose services
shall be paid for by the applicant pursuant to Sharon's policies and
procedures. Said independent consultants shall be qualified professionals
with a record of service to various types of customers, including,
but not limited to, government bodies and consumer groups, in one
of the following fields appropriate for the issues being studied:
b.
The SPGA shall select the independent consultants from a list of
potential consultants developed and maintained in consultation with
the Board of Health and the Conservation Commission.
c.
Upon submission of a complete application for a special use permit
under this bylaw, the SPGA shall provide its independent consultants
with the full application for their analysis and review.
d.
Applicants for any special use permit under this bylaw shall obtain
permission from the owner(s) of the proposed facility site(s) or telecommunications
facilities for Sharon's independent consultants to conduct any necessary
site visit(s).
a.
Pre-activation testing. After issuance of a special use permit and
prior to commencement of transmission by a successful applicant's
telecommunications facilities, said applicant shall pay for independent
consultants, hired by the SPGA, to monitor the background levels of
EMF radiation around the proposed facility site and/or any repeater
locations used for applicant's telecommunications facilities. The
independent consultants shall use the monitoring protocol. A report
of the monitoring results shall be prepared by the independent consultants
and submitted to the Select Board, the SPGA, the Board of Health,
the Director of the Department of Public Works, the Building Inspector
and the Town Clerk.
b.
Post-activation testing. Within 14 business days after transmission
begins, the owner(s) of any telecommunications facility shall pay
for independent consultants, hired by the Town, to conduct testing
and monitoring of nonionizing radiation emitted from said telecommunications
facility, and to report the results of said monitoring. Said monitoring
shall be conducted on a semi-annual basis, using actual field measurements
of nonionizing radiation in accordance with the monitoring protocol.
A report of the monitoring results shall be prepared by the independent
consultants and submitted to the Select Board, the SPGA, the Board
of Health, the DPW Director, the Building Inspector and the Town Clerk.
Any major modification of an existing telecommunications facility
or tower, or the activation of any additional permitted channels,
shall require new monitoring.
c.
Excessive emissions. In the event that the monitoring of a telecommunications
facility reveals that the facility exceeds the current FCC standard
(or other currently applicable standard if changed), the owner(s)
of all telecommunications equipment using that site shall be so notified.
Said owner(s) shall submit to the SPGA and the Inspector of Buildings,
within 10 business days of noncompliance, a plan for reducing emissions
to a level that complies with current FCC requirements. Said plan
shall reduce emissions to the current requirements within 15 days
of initial notification of noncompliance. Failure to accomplish such
reduction of emissions within 15 days of notification of noncompliance
shall be a violation of this bylaw and the special use permit and
may result in the imposition of fines in accordance with Subsection
6140, or revocation of the special use permit, or both. Such fines
shall be payable to the Town of Sharon by the owner(s) of the Tower.
d.
Structural inspection. The owner(s) of a telecommunications facility
shall comply with all state and local requirements for structural
inspection and certification. In addition, all towers shall be inspected
by the Building Inspector or independent consultants after sustained
winds of 90 miles per hour, in the event of unsafe conditions such
as severe ice build-up, and in any event not less than every seven
years. The owner(s) shall grant its permission and the permission
of any other relevant parties to carry out such inspections.
e.
Unsafe structure. In the event that the inspection of any tower reveals
structural defects which, in the opinion of the Building Inspector
or independent consultants, render that tower unsafe, the following
actions must be taken: The owner(s) must be given notice of the unsafe
condition, and, within 10 business days of notification, the owner(s)
of the tower shall submit a plan to remedy the structural defects
to the Building Inspector for approval. This plan shall be initiated
within 10 days of the submission of the remediation plan, provided
it is approved by the Building Inspector, and completed as soon thereafter
as reasonably possible. Failure to accomplish remediation of structural
defect(s) within 30 days of the original notice (or such shorter or
longer period as may be determined to be reasonable in the event that
the Building Inspector determines that the tower poses a substantial
and imminent threat to public safety) shall be a violation of this
bylaw and the special use permit and may result in the imposition
of fines in accordance with Subsection 6140, or revocation of the
special use permit, or both. Such fines shall be payable to the Town
of Sharon by the owner(s) of the tower.
f.
Compliance enforcement responsibility. This bylaw shall be enforced
by the Town of Sharon's Building Inspector, who shall take such action
as may be necessary to enforce full compliance with the provisions
of this bylaw and of permits and variances issued hereunder, including
notifications of noncompliance and requests for legal action through
the Town Manager and the Town Counsel.
g.
Compliance certification.
(1)
Telecommunications facilities may not be erected, substantially
altered, moved, or changed in use, and sites may not be substantially
altered or changed in principal use without certification by the Building
Inspector that such action is in compliance with applicable zoning,
or without review by the Building Inspector regarding whether all
necessary permits have been obtained from governmental agencies from
which approval is required by federal, state or local law. Telecommunications
facilities shall be located and constructed to minimize their visual
impact on the site and its environs.
(2)
Annual certification demonstrating continued compliance with
the standards of the FCC, Federal Aviation Administration and the
American National Standards Institute, and required maintenance, shall
be filed with the Building Inspector by the special use permit holders
for all telecommunications facilities.
h.
Expiration. Special use permits granted pursuant to this bylaw shall
lapse 24 months following the issuance thereof (plus such time required
to pursue or await the determination of an appeal referred to in MGL
c. 40A, § 17), if a substantial use thereof or construction
has not sooner commenced.
a.
Abandonment or discontinuance of use. Any telecommunications facility
which ceases to operate for a period of one year shall be considered
abandoned and shall be removed by the applicant or subsequent owner
within 90 days from the date of abandonment. "Ceases to operate" is
defined as not performing the normal functions associated with a telecommunications
facility on a continuous and ongoing basis for a period of one year.
At the time of removal, the facility site shall be remediated so that
all telecommunications facility improvements are removed and the site
shall be revegetated. If all telecommunications equipment on a tower
has ceased to operate, the tower shall also be removed, and the site
shall be revegetated. Existing trees shall only be removed if necessary
to complete the required removal.
b.
Applicant shall, as a condition of the special use permit, provide
a financial surety payable to the Town of Sharon, and acceptable to
the SPGA, to cover the cost of removal of the telecommunications facility
and the remediation of the landscape, should the telecommunications
facility cease to operate.
The SPGA shall have the authority to waive any siting or design
requirement set forth in this bylaw. In waiving such requirements,
the SPGA shall issue a finding that the waiver will result in a substantially
better design and/or siting of the proposed telecommunications equipment
and/or facility than would result from strict adherence to the provisions
of this bylaw. In making such a finding, the SPGA shall consider the
visual and safety impacts of the proposed telecommunications equipment
and/or facility, as well as the general purposes of this bylaw.
The Wireless Communication Overlay District shall be shown on
the Zoning Map of the Town of Sharon.
