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.
ADEQUATE CAPACITY
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).
ADEQUATE COVERAGE
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.
ANTENNA
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).
AVAILABLE SPACE
The space on a tower or structure to which antennas of a
telecommunications provider are both structurally able and electromagnetically
able to be attached.
BASE STATION
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.
BULLETIN 65
Published by the FCC Office of Engineering and Technology
specifying radio frequency radiation levels and methods to determine
compliance.
CAMOUFLAGED
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."
CHANNEL
The segment of the radiation spectrum from an antenna which
carries one signal. An antenna may radiate on many channels simultaneously.
CO-LOCATION
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.
DATA MAPPING
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.
dBm
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.
dBµ
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.
DRIVE TESTING
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.
ELECTROMAGNETICALLY ABLE
The determination that the proposed antenna(s) meets manufacturers'
minimum separation recommendations, given the location and operating
parameters of existing and proposed antenna(s).
ELEVATION
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.
EMF
Electromagnetic field. The radio frequency emissions or radiation
produced by wireless transmitters.
ENVIRONMENTAL ASSESSMENT (EA)
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.
ERP
Effective radiated power.
FACILITY SITE
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.
FALL ZONE
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.
FCC
Federal Communications Commission. The government agency
responsible for regulating telecommunications in the United States.
GHZ
Gigahertz: A measure of electromagnetic radiation equaling
one billion hertz.
GRADE OF SERVICE
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.
HEIGHT OF TOWER
The vertical distance between the highest point of the tower,
including any devices attached thereto, and the grade.
HERTZ (HZ)
One hertz is the frequency of an electric or magnetic field
that reverses polarity once each second, or one cycle per second.
LICENSED CARRIER
An entity authorized by the FCC to construct and operate
a telecommunications facility.
LOCATION
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.
MAJOR MODIFICATION OF AN EXISTING TELECOMMUNICATIONS FACILITY
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.
MAJOR MODIFICATION OF AN EXISTING TOWER
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.
MHZ
Megahertz. A measure of electromagnetic radiation equaling
one million hertz.
MONITORING
The measurement, by the use of instruments in the field,
of nonionizing radiation exposure at a given location.
MONITORING PROTOCOL
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.
MONOPOLE
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.")
NONIONIZING RADIATION
Any electromagnetic radiation, including radio frequency
radiation, incapable of producing ions directly or indirectly.
PERSONAL WIRELESS SERVICES
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
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.
RADIATED-SIGNAL PROPAGATION STUDIES OR COVERAGE PLOTS
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.
RADIO FREQUENCY ENGINEER
An engineer who specializes in the design, review, and monitoring
of radio frequency technologies.
REPEATER
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.
SCENIC VIEW
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.
SECURITY BARRIER
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.
SEPARATION
The distance between one Telecommunications provider's array
of antennas and another telecommunications provider's array of antennas.
SITE
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.
STRUCTURALLY ABLE
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.
TELECOMMUNICATIONS
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.
TELECOMMUNICATIONS EQUIPMENT
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.
TELECOMMUNICATIONS FACILITY
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.
TELEPORT
A facility using satellite dishes of greater than three feet
in diameter, which are designed to up-link to communications satellites.
TILED COVERAGE PLOTS
Tiled plots result from calculating the signal at uniformly
spaced locations on a rectangular grid, or tile, of the area of concern.
TOWER
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.
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.
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.
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.